2018/2020 SESSION of the

BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT

17 July 2020 VIRTUAL SITTING Sitting number 52 of the 2018/2020 Session (pages 4409–4544)

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 17 July 2020 4409

BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT 17 JULY 2020 VIRTUAL SITTING 10:00 AM Sitting Number 52 of the 2018/2020 Session

[Hon. Dennis P. Lister, Jr., Speaker, in the Chair] [Inaudible interjection]

The Speaker: Good morning, everyone. The House PAPERS AND OTHER has now begun and Ms. Beale can do the prayers. COMMUNICATIONS TO THE HOUSE

PRAYERS The Speaker: There are some nine papers this morn- ing. The first is in the name of the Premier. [Prayers read by Kara A. Beale, Assistant Clerk] Premier, would you like to present your first paper this morning? The Speaker: Good morning, Members. Members, there was a technical issue. My mi- [Pause] crophone was not coming through. Thank you, Ms. Beale, for the prayer. The Speaker: Premier, are you with us this morning?

CONFIRMATION OF MINUTES [No audible reply] [Minutes of 3 July 2020] The Speaker: Well, we will move on and come back The Speaker: The Minutes of July 3rd have been cir- to the Premier. culated. Members, are there any amendments or cor- The next Minister who has a paper or com- rections required? munication this morning is the Minister of Health. No, there are none. Minister Wilson, are you able to present yours The Minutes are confirmed as printed. now?

[Minutes of 3 July 2020 confirmed] Hon. Kim N. Wilson: I am here. Yes. Good morning, Mr. Speaker. MESSAGES FROM THE GOVERNOR The Speaker: Thank you, Minister. The Speaker: There are none. PUBLIC HEALTH (COVID-19) EMERGENCY ANNOUNCEMENTS BY THE SPEAKER EXTENSION ORDER 2020 OR MEMBER PRESIDING Hon. Kim N. Wilson: Mr. Speaker, I have the honour to attach and submit for the consideration of the Hon- The Speaker: There are none. ourable House of Assembly the Public Health (COVID-19) Emergency Extension Order 2020, pro- MESSAGES FROM THE SENATE posed to be made by the Minister of Health in exer- cise of the power conferred by section 107A of the CRIMINAL CODE AMENDMENT ACT 2020 Public Health Act 1949. Thank you, Mr. Speaker.

The Speaker: We actually do have a message from The Speaker: Thank you, Minister. the Senate this morning. And [it is as follows:] The next communication this morning is in the “In accordance with Standing Order 37, the name of the Minister of Finance. Senate has the honour to inform your Honourable Minister of Finance, would you like to present House of the accompanying Bill entitled the Criminal yours? Code Amendment Act 2020, recommending the con- currence of your Honourable House.” Hon. Curtis L. Dickinson: Good morning, Mr. This is from the President of the Senate, the Speaker. Honourable Joan Dillas-Wright. Bermuda House of Assembly 4410 17 July 2020 Official Hansard Report

The Speaker: Good morning. The Speaker: Good morning, Minister.

rd MUNICIPALITIES (WHARFAGE EXEMPTION) Lt. Col. Hon. David A. Burch: And happy 3 anni- ORDER 2020 versary to you. Mr. Speaker— Hon. Curtis L. Dickinson: I have the honour to at- tach and submit for the information of the Honourable The Speaker: Yes. Thank you. House of Assembly the Municipalities (Wharfage Ex- emption) Order 2020, as made by the Minister of Fi- BERMUDA HOUSING TRUST FINANCIAL nance in the exercise of the powers conferred by sec- STATEMENTS 2019 tion 31(5) of the Municipalities Act of 1923. Lt. Col. Hon. David A. Burch: To all of us, actually. The Speaker: Thank you, Minister. Would you like to I have the honour to attach and submit for the do your second one? information of the Honourable House of Assembly the Bermuda Housing Trust Financial Statements 2019. BERMUDA MONETARY AUTHORITY 2019 ANNUAL REPORT The Speaker: Thank you. You actually have three more. Would you like to do the others? Hon. Curtis L. Dickinson: Mr. Speaker, I have the honour to attach and submit for the information of the EXCHANGE AGREEMENT BETWEEN THE Honourable House of Assembly the Bermuda Mone- CORPORATION OF HAMILTON AND MCCALMON tary Authority 2019 Annual Report. TRUST PTC LIMITED Thank you, Mr. Speaker. Lt. Col. Hon. David A. Burch: Yes, sir, Mr. Speaker. The Speaker: Thank you. Mr. Speaker, I have the honour to attach and I notice the Premier. Premier, would you like submit for the consideration of the Honourable House to do your two at the moment? of Assembly an Exchange Agreement between the Corporation of Hamilton and McCalmon Trust PTC Hon. E. David Burt: Good morning, Mr. Speaker. Limited, as trustee of the McCalmon Trust, reference heirs of land situated at 5 Brooklyn Lane, City of Ham- The Speaker: Good morning, Premier. ilton, etched in yellow and pink in accordance with section 20(1A) of the Municipalities Act 1923. Hon. E. David Burt: And I sincerely apologise for my Shall I continue? tardiness. The Speaker: Yes. Continue, Minister. The Speaker: No problem. SALE AND PURCHASE AGREEMENT BETWEEN TRIBUTE TO SIR EVERTON WEEKS THE CORPORATION OF ST. GEORGE’S AND THE W. M. E. MEYER & COMPANY LIMITED Hon. E. David Burt: Mr. Speaker, I have the honour to attach and submit for the information of the Hon- Lt. Col. Hon. David A. Burch: Mr. Speaker, I have ourable House of Assembly the Tribute to Sir Everton the honour to attach and submit for the consideration Weeks. of the Honourable House of Assembly the Sale and Purchase Agreement between the Corporation of St. TOURISM INVESTMENT (ST. GEORGE’S CLUB) George’s and the W. M. E. Meyer & Company Limited ORDER 2020 reference the lot of land situated in the Town of St. George’s in the Islands of Bermuda shown as Lot A Hon. E. David Burt: Mr. Speaker, I have the honour and as described in the Schedule Annex and etched to attach and submit for the consideration of the Hon- red on the plan, in accordance with section 20(1A) of ourable House of Assembly the Tourism Investment the Municipalities Act 1923. (St. George’s Club) Order 2020. And the final one, Mr. Speaker.

The Speaker: Thank you, Premier. The Speaker: Yes. We now move on to Minister Burch. Minister Burch. EXCHANGE OF LAND AGREEMENT BETWEEN THE CORPORATION OF HAMILTON AND THE Lt. Col. Hon. David A. Burch: Good morning, Mr. TRUSTEES OF THE DIANTHUS TRUST Speaker.

Bermuda House of Assembly Official Hansard Report 17 July 2020 4411

Lt. Col. Hon. David A. Burch: I have the honour to port cashless casino gaming. Both of these stake- attach and submit for the consideration of the Hon- holders have completed their necessary steps, and a ourable House of Assembly the Exchange of Land potential operator is engaged in final conversations Agreement between the Corporation of Hamilton and with an on-Island financial institution. We are hopeful the Trustees of the Dianthus Trust, reference areas of that this will be able to progress to completion, and I land situated at Canal Road and Laffan Street, City of want to thank the Minister of Finance for his work to Hamilton, etched in green and yellow and designated move this matter close to completion. The reason why parcels B and A, respectively, and in accordance with the Minister of Finance held the gaming portfolio was section 20(1A) of the Municipalities Act 1923. due to the fact that the number-one issue delaying a Thank you, Mr. Speaker. gaming industry in Bermuda was the ability to bank the proceeds of gaming. The Speaker: Thank you, Minister. With regard to the recruitment of a chief exec- That brings us to the end of the papers and utive, Mr. Speaker, a priority for the Commission has communications. We now move on. been the recruitment of a chief executive. This Hon- ourable House may recall that the Commission en- PETITIONS gaged the services of PricewaterhouseCoopers exec- utive search in January of this year. A short list of 12 The Speaker: There are none. international candidates was compiled. And I can con- firm that a preferred candidate has been identified and STATEMENTS BY MINISTERS terms are being reviewed. I am advised and expect AND JUNIOR MINISTERS that the post will be filled later this year. With regard to the protection of the vulnera- ble, Mr. Speaker, one of the questions posed in this The Speaker: I guess nine must be the magical num- Honourable House on July 3rd was the request for an ber today. There are nine papers and communica- update on the current state of social responsibility ini- tions, and now there are nine Statements. tiatives. Such initiatives are critical and should be em- Statement one is in the name of the Premier. bedded across all gaming sectors. The Problem Gam- Mr. Premier, would you like to present your ing Council have been active with providing oversight Statement? of initiatives to ensure the protection of the vulnerable and have been engaged in developing the following Hon. E. David Burt: Absolutely, Mr. Speaker. initiatives: 1. a prevalence study—establishing a baseline UPDATE ON GAMING of empirical data and research regarding cur- rent gaming habits of Bermudian residents; Hon. E. David Burt: Mr. Speaker, as I undertook at 2. exclusion programme—the review of social the last day of meeting, I am pleased to provide this responsibility codes, particularly those on fam- Honourable House with an update on gaming and the ily and self-exclusion; work of the Bermuda Casino Gaming Commission 3. public awareness campaign—the council will [the Commission]. be commencing a public awareness messag- Honourable Members will have noted from the ing campaign that emphasises responsible Order Paper that I will today introduce a Bill to make gambling. The campaign will see the council the Commission responsible for all forms of gaming in broaden its outreach through various social, Bermuda. A cursory review of that Bill will show how print and broadcast media. many different pieces of legislation and departments Regarding training opportunities for Bermudi- of government have something to do with different ans, Mr. Speaker, the casino gaming sector will pro- forms of gaming. All of this will now be under one roof vide job opportunities for Bermudians in a variety of and will promote greater efficiency and certainty in roles ranging from dealers to directors, surveillance to how gaming is regulated in Bermuda. It will also senior cashiers, or as diverse as pit bosses to primary change the name of the Bermuda Casino Gaming game technology officers. Training will be made avail- Commission to the Bermuda Gaming Commission in able for Bermudians at all levels of the industry. This recognition of its new, broader remit for all forms of is a critical component of any development of casino gaming. I would like to take this opportunity to provide gaming in Bermuda. a brief overview for Honourable Members of the high- The importance of training and potential em- priority areas when it comes the development of gam- ployment opportunities is further echoed by the man- ing in Bermuda. date from the Bermuda Casino Gaming Commission With regard to correspondent banking, Mr. to potential operators, who must, as part of their re- Speaker, this Honourable House was made aware quest for proposal information, state their intent re- earlier this year regarding significant progress made garding potential roles which can be filled by Bermu- with two major stakeholders who have agreed to sup- dians. More specifically, potential operators are re- Bermuda House of Assembly 4412 17 July 2020 Official Hansard Report quired to address how this can be achieved and over Mr. Speaker, the principal Act and Regula- what time frame. In order to develop an effective train- tions in this area provide the framework for the devel- ing regime for Bermudians in the industry, the Com- opment of casino gaming and will now afford others in mission, in collaboration with the Bermuda College the gaming sector the ease of having one regulator. and potential operators, have previously engaged on But as the remit expands, so must the potential for a training framework which will accompany the open- positive impact on the community. Therefore, Mr. ing of a casino. Speaker, I have indicated to my Cabinet colleagues Mr. Speaker, Honourable Members will recall that I will shortly invite their consideration of a pro- the suggestions of some adverse impact on the op- posal that formed part of the initial debate on gaming erations of the Commission in the areas of training for Bermuda from the 2010 Green Paper. That pro- and problem gaming made in the course of this Hon- posal was to commit a portion of the fees and other ourable House’s consideration of those regulations revenue raised now by the Commission to support which allowed for the Minster to make changes to the things like sports development, the arts, health care existing fee structure. Mr. Speaker, I can confirm that initiatives and education. There are successful models this change will not have a material effect, for two rea- in other countries, and I am confident that we can de- sons. Firstly, potential operators are readily willing to vise the same for Bermuda. collaborate with on Island training stakeholders to en- Mr. Speaker, in closing, as we work to rebuild sure Bermudians are provided bespoke gaming skills our economy from the ravages of a once-in-a-century in this area. And the ongoing training of local counsel- pandemic, a well-regulated local gaming industry will lors and faith-based leaders has continued to ensure be one more avenue to assist in creating jobs, spur- that a cohort of professionals achieve their Interna- ring economic activities and providing resources to tional Certified Gambling Counsellor [ICGC 1] accredi- support vital community activities. The Bill I will table tation. later today will assist this country in fulfilling those im- The final phase of training to prepare profes- portant objectives. Thank you, Mr. Speaker. sionals for international certification will commence in August for an eight-week period. Upon successful The Speaker: Thank you, Mr. Premier. completion, participants will be internationally certified The next Statement on the Order [Paper] this and be able to practice under the umbrella of Allied morning is in the name of Minister Burch. Health Council and the Bermuda Addiction Certifica- Minister, would you like to present your first tion Board. The costs of training Bermudian clinicians Statement? to deal with the current problem gaming has already been absorbed by the Bermuda Casino Gaming Lt. Col. Hon. David A. Burch: Thank you, Mr. Commission. Speaker. So, Mr. Speaker, for those who believe that the change made at the last sitting will jeopardise The Speaker: Go right ahead. training and the necessary social protections, I am pleased to advise this Honourable House that those ADDRESSING ILLEGAL FORESHORE matters will not be affected. ENCROACHMENTS With regard to fiscal management, Mr. Speaker, Honourable Members will recall that as part Lt. Col. Hon. David A. Burch: Mr. Speaker, the Gov- of the 2020/21 Budget, grant funding was not provided ernment has freehold title to all foreshore and seabed to the Commission. I can advise this Honourable below the high-water mark. The foreshore extends House that draft audited financials for the fiscal year seaward from the mean high water (MHW) mark. ended the 31st of March 2019 resulted in expenditure Mr. Speaker, in accordance with the Sale of of around $2.1 million against a budget of $3.3 million. Reclaimed Lands Act 1951, the Minister of Public This result means the Commission spent $1.2 million Works is required to sell or convey either leasehold or less than what was originally intended. I publicly wish freehold estate in the foreshore to adjoining or neigh- to thank the Commission’s team for their continued bouring owners. The Minister is also empowered to fiscal management. manage all public lands under section 1 of the Public Regarding next steps, Mr. Speaker, as I indi- Lands Act 1984, with section 8 providing the authority cated previously, in addition to a change of responsi- to dispose of land under certain circumstances. bility for the betting sector from the Betting Licensing Mr. Speaker, for the avoidance of doubt, Authority, the remit of the Commission is now pro- property owners of land along the foreshore may have posed to include other areas of gaming such as cruise planning permission and a building permit to con- ship casinos, raffles, lotteries and Crown & Anchor struct, but still require the agreement of the Minister of that require regulatory oversight. The Commission will Public Works to occupy the land before any work can continue to consult with local stakeholders and work commence. Piles and moorings may also have to re- through matters related to the operational transfer of ceive consent from the Department of Marine and these areas over the summer. Ports. Bermuda House of Assembly Official Hansard Report 17 July 2020 4413

Further, any occupation of the foreshore with- in some cases for 40 years. However, there is a huge out such an agreement is considered trespass on difference between a makeshift wooden structure that government land, and any person wishing to construct can be destroyed by the slightest of storms and a upon and occupy the foreshore is reminded that they concrete one that is permanent by its very nature. To need an agreement to document the ongoing occupa- that end, I have asked my team to prepare licence tion of the land. This consent is usually by grant of agreements for those persons at Rocky Hill Park so lease for a period of up to 21 years and requires a that their presence can be regularised. one-off premium payment or periodic rent. Therefore, Mr. Speaker, I also had an opportunity to the Ministry would recommend any owner wishing to speak with the developer, who conceded he did not construct a dock or jetty to contact Public Works as have the requisite approvals and agreed that, alt- early as possible in the process to agree the terms. hough his intention was to build a public dock for all to Mr. Speaker, against that brief backdrop, I use, it had to come down. would like to address the events of June 23rd, wherein Mr. Speaker, the demolition works were quick- officers within the Estates Department of the Ministry ly put out to tender with invitations sent to the follow- of Public Works were advised that there was illegal ing six contractors: (1) ECM (Building Blocks); (2) construction of a concrete boat dock on the foreshore Crisson Construction; (3) Island Construction; (4) and seabed belonging to the Government of Bermuda Overnight Construction; (5) Gorham’s MDS; and (6) at Rocky Hill Park in St. George’s. Robbie Richardson of Smith Hauling (Richardson). While onsite, the Estates officer requested Four of these contractors attended the site confirmation that the Department of Planning approv- meetings, namely, Island Construction Services Ltd., als were secured. One of the construction workers ECM (Building Blocks), Gorham’s MDS and Robbie became quite belligerent and verbally abused the pub- Richardson (Smith Hauling), with three of them sub- lic officer—so much so that officers from the Bermuda mitting bids. The three in this instance were Island Police Service had to be called upon to lend support. Construction at $2,200, Gorham’s MDS at $23,288 This unacceptable behaviour was caught on video and Robbie Richardson (Smith Hauling) at $7,895.35. and eventually went viral. The workers were advised The government estimate for this demolition was to cease any further development. $10,811. So the lowest bidder, Island Construction, Mr. Speaker, to my astonishment, I was in- was selected. formed the very next day (June 24th) that the construc- Mr. Speaker, the 14 days eventually passed, tion crew actually poured concrete in the form work. I and on July 14th the selected contractor, along with immediately consulted with the Attorney General’s Planning and Estates officers, were onsite to com- Chambers regarding this blatant disregard of the law, mence the demolition of the illegal structure. I would and on June 25th the person responsible for building like to thank the Bermuda Police Service, who provid- this illegal dock was served a Correspondence Before ed support on the day to ensure there were no inci- Action. Mr. Speaker, the purpose of this letter was to dents. give the developer 14 days’ notice to remove the ille- Mr. Speaker, I would like to take this oppor- gal structure. And in the event that there was failure to tunity to remind the public of the basic process for se- comply with this notice, the Government would take curing approval to construct a boat dock. There may the necessary steps to remove the structure, sue for be other factors to consider, but this is the layman’s damages and seek costs for having done so. guide: Mr. Speaker, as I am a visual person and not (1) First, you must seek permission from the as familiar with St. George’s as some, I took the op- Department of Public Lands and Buildings to occupy portunity of visiting the site on Sunday, June 28th, so the Queen’s Bottom. that I could see for myself the nature of the infraction. (2) The chief surveyor in the department is the On that occasion, MP Kim Swan, the MP for the dis- point person, who in turn will assign an Estates sur- trict; and the Deputy Speaker, the Honourable Derrick veyor who can guide the applicant through this pro- Burgess, along with many of those persons who have cess. makeshift slips on the site met me there. Some of (3) Before liaising with the chief surveyor, the them had also received the trespass notices advising applicant will need to provide a plan showing the size of 14 days to remove their structures. I indicated to and location of where the new dock is to be construct- them that I would consider all the issues and render a ed. decision before the expiry of 14 days, and instructed (4) After securing authorisation from the De- them to take no action until a final decision was made. partment of Public Lands and Buildings, it is highly I subsequently met with technical officers in recommended that the applicant consult with the De- the Ministry to ascertain the magnitude of the problem partment of Marine and Ports to ensure that the new and how it had been ignored for so long. Not wishing dock will not interfere with existing moorings or be a to penalise everyone with a blanket approach, I am hazard to navigation. The harbourmaster should be mindful that many of these slips are makeshift and able to provide assistance in this regard. actually bring character to the area and have existed Bermuda House of Assembly 4414 17 July 2020 Official Hansard Report

(5) Authorisation from the Department of Pub- termination to respond decisively to those who willing- lic Lands and Buildings and from the Department of ly flout the law. Thank you, Mr. Speaker. Marine and Ports should then be attached to the De- velopment Application Board application and submit- The Speaker: Thank you, Minister. Would you like to ted to the Department of Planning. do your second Statement? (6) That form can be found on the Govern- ments website at www.gov.bm. Lt. Col. Hon. David A. Burch: Absolutely, Mr. (7) If permission is granted, a building permit Speaker. from the Department of Planning may be required to carry out the actual works. The Speaker: Continue. Mr. Speaker, this incident has highlighted a far wider problem with foreshore protection—user BERMUDA HOUSING TRUST permission and, of course, outstanding government AUDITED FINANCIAL STATEMENTS revenue. This is the start, as I have tasked the team in the Estates Department to carry out a full assessment Lt. Col. Hon. David A. Burch: I am pleased to table of all foreshore encroachments with the objective of the Bermuda Housing Trust [the Trust] Audited Finan- preparing a full report and a plan of action with rec- cial Statements for the year ended March 31st, 2019. ommendations for sorting this issue out. The Trust is in a healthy financial position and is up to Our Estates Team estimates that there are date with their annual audit, having received an un- around 552 foreshores that either have illegal docks qualified opinion from their auditors. or docks due for renewal. Although this seems like a Mr. Speaker, for the sixth consecutive year, large number, the Ministry will be taking the necessary the Bermuda Housing Trust has received a clean and action to address any illegal structures similar to that unqualified financial audit. For those who may not be taken at Rocky Hill Park. There are several that have aware, an unqualified audit means that financial been approved and are legal structures, but the own- statements are fairly and appropriately presented ers have ignored all requests thus far to sign a lease without any identified exceptions and in compliance and pay the fee. Yesterday I signed a Correspond- with generally accepted accounting principles. This ence Before Action to the first identified owner who also means that by all appearances the Trust is in a falls into this category. healthy and strong financial position. An excerpt from that letter follows: “By this let- The Trust’s financial position strengthened ter, this Ministry is offering you the opportunity to during the year while servicing its long-term debt. regularise your occupation by the 31st of July 2020 by Cash and cash equivalents increased by 43 per cent completing the lease and paying the agreed premium. on account of sale of portfolio investments in local Please note that if you do not take the action required companies, while accounts receivable, primarily con- in paragraph 5 above within the timelines set, the sisting of receivables from rental units, declined by Government would have no option but to take con- 26 per cent. The Trust also saw rental revenue in- crete steps to safeguard its interests by either issuing crease by 1 per cent in the year, with total revenue trespass proceedings in court against you or causing increasing by 21 per cent on account of the realised any developments on the encroached foreshore to be gain on sale of investments, as well as other contribu- demolished without recourse to you and seek the cost tions. Capping off a good performance was less ex- for having to do so.” penditure in general administration and other expens- Mr. Speaker, let me clarify that not all fore- es, which resulted in lower total expenditure com- shore developments are illegal, as many members of pared to budget of 9 per cent. Overall, the surplus for the public have already entered into formal agree- the year was 116 per cent higher than the prior year ments with the Government and legally occupy the and 209 per cent higher than budget. foreshore. However, the Ministry is aware that there Mr. Speaker, the Trust continues to pay down are a number of unapproved or unlicensed foreshore on the $12.5 million loan that was taken out in 2006 to encroachments. This cannot be tolerated. And we en- fund the construction of the Dr. Cann Park at Rocka- courage anyone without a formal agreement to occu- way in Southampton. This loan balance currently py the foreshore to contact the Estates Department stands at $6 million. within the Ministry immediately in order to take correc- Mr. Speaker, the Trust also maintains a tive steps to deal with any unauthorised occupation maintenance fund for any unexpected expenses that before the Ministry takes the necessary action to re- may occur with properties, some that date back to the claim its land. 1960s and 1970s. Mr. Speaker, I think it is safe to say that we Mr. Speaker, the Trust manages five proper- are serious about addressing all the outstanding fore- ties from east to west, of approximately 180 units that shore matters, and our actions this week at Rocky Hill are home to more than 200 of our Island’s seniors. Park should leave no one in any doubt about our de- These are rental accommodations that provide a sense of community for Bermuda’s seniors, but also Bermuda House of Assembly Official Hansard Report 17 July 2020 4415

provide them with a respectable and meaningful quali- mons, Ms. Geraldine Smith, Mr. Juan Smith, Mr. Scott ty of life whilst still affording them their independence. Stewart, Mr. Bruce Wilkie, and Mrs. Cheryl Pooley- As a result, Mr. Speaker, there is a constant demand Alves. In addition to those board members, it would be for this type of accommodation, and the Trust actually remiss of me not to express my gratitude and thanks has a waiting list that consistently floats around 50 in to Ms. Sharon Smith, Office Administrator, and the number. one full-time employee of the Trust, along with part- At present the Bermuda Housing Trust is time staff, Ms. Judy Knights, Ms. Rhonda Smith- nearing completion of the conversion and renovation Simmons and Mr. Gordon Johnson, all of whom went of a former US Navy home at Ferguson Park. This above and beyond the call of duty during this pandem- home has been transformed into two units, which will ic. be made available to deserving seniors. This is signif- Mr. Speaker, I have every confidence that this icant for two reasons, Mr. Speaker. First, it represents dedicated team will continue to manage the Bermuda a public/private partnership initiative with the Govern- Housing Trust with efficiency and an ever-abiding ment. Through the auspices of the Bermuda Housing commitment to the welfare of our seniors. Corporation [BHC], the Trust received technical exper- Thank you, Mr. Speaker. tise to oversee the project free of charge. BHC Project Manager, Mr. Keino Furbert-Jacobs, managed the The Speaker: Thank you, Minister, for your two entire project from its initial conceptual drawings to the Statements. current construction phase. The next Statement this morning is in the Secondly, Mr. Speaker, the Trust intends to name of the Minister of Finance. utilise this model, both the actual units and the pub- Minister of Finance, would you like to do your lic/private partnership that has developed, to serve as Statement? a basis for future fundraising as it looks to develop other properties in an effort to meet the need of Ber- Hon. Curtis L. Dickinson: Yes, Mr. Speaker. muda’s largest-growing demographic, our beloved seniors. The Speaker: Go right ahead. Mr. Speaker, I am further pleased to report that the [Bermuda] Housing Trust and our near 200 PUBLIC REGISTERS residents weathered and continue to weather well the OF BENEFICIAL OWNERSHIP challenges presented by the COVID-19 pandemic. Even though this group of seniors are capable of living Hon. Curtis L. Dickinson: Mr. Speaker, the purpose independently and do so quite well, the trustees of this Ministerial Statement is to provide the House of stepped in and went far beyond their legislated man- Assembly with a progress report regarding matters date as landlords. They wanted to ensure that the res- related to public access to beneficial ownership infor- idents were as safe as possible, and this included but mation for companies. was not limited to funding the purchase and delivery Mr. Speaker, Bermuda has a strong reputa- of groceries so as to obviate where possible [the resi- tion for high levels of transparency in business prac- dents’] movement within the community, particularly tices, as well as high levels of compliance in interna- during the height of the shelter in place. tional cooperation. Today legal and beneficial owner- Mr. Speaker, there was also a very generous ship information for companies is currently recorded anonymous donor who, along with the Community and disclosed in Bermuda via a company’s share reg- Emergency Fund, made the purchasing and delivery ister, through information given to the Bermuda Mone- of groceries possible. In addition, Ignite and Rugged tary Authority and the Registrar of Companies, and Rentals both offered their services at a discounted under certain disclosure obligations which apply to rate, and there were many community organisations listed companies. Other requirements to collect bene- who provided meals and other services. And to all of ficial ownership information are set out under Bermu- them, I say a huge thank-you. I would also like to ex- da’s anti-money laundering and counterterrorism fi- tend my appreciation to the seniors for the manner in nancing framework, as well as the tax information ex- which they have conducted themselves and for follow- change framework. The results of previous regulatory, ing all of the required protocols during this challenge tax and anti-money laundering and anti-terrorism fi- because, to date, Mr. Speaker, we have no reported nancing assessments have demonstrated the quality cases of COVID-19 amongst this group. of the elements of the framework. Mr. Speaker, none of this would be possible Mr. Speaker, presently there are no global without diligent and prudent management, and I must standards that require public registers of beneficial take this opportunity to also acknowledge and thank ownership information for companies to be adopted. the Chairman of the Bermuda Housing Trust, Mr. John However, as with all external risks, it is often neces- Barritt; and his Deputy, Senator Vance Campbell; as sary for the country’s business to be managed in well as their fellow committed directors, Mr. Anthony some way between the development of international Mouchette, Mr. Daniel Robinson, Ms. Rochelle Si- standards and standards set down by key trading Bermuda House of Assembly 4416 17 July 2020 Official Hansard Report partners and international bodies. In such cases, it is case, the Bermuda Monetary Authority) to provide the common for the Government of Bermuda to respond information within 24 hours of the submission of a re- to the risk posed by the introduction or pending intro- quest for information unless it is notified that the re- duction of new standards. quest for information is urgent, in which case the Au- Mr. Speaker, the background to the public thority is required to provide the information sought of register access to beneficial ownership policy is a it within one hour. Mr. Speaker, the Exchange of seemingly unending series of events, each of which Notes was signed on the 9th of April 2016. The re- has a meaningful impact on Bermuda. I fully accept quirement to put in place a public register of beneficial that it is important for the Government of the day to ownership for companies was addressed by the Ex- own this matter completely. It is also important for change of Notes at that time. Honourable Members to have a full knowledge and The 2016 Commitment Letter, a commitment understanding of Bermuda’s history in this area. to exchange beneficial ownership information on an Mr. Speaker, policy analysis is a process, and automatic basis with the rest of the world. Bermuda’s improving it needs to be approached with the same commitment is set down in correspondence issued by discipline as any other process. There needs to be a the Government of Bermuda to the Chancellor of the comprehensive understanding of the matter at hand Exchequer dated the 9th of May 2016. The Commit- and a clear understanding of how it is performing. Ac- ment Letter outlines the Government’s commitment to cordingly, Mr. Speaker, Honourable Members will be enter into an agreement with the relevant parties to aware that on this matter various policy responses exchange beneficial ownership information on an au- have been made by different Governments of Bermu- tomatic basis subject to certain conditions, including da to different external parties at different points in the adoption of global standards. This commitment time, as the threat has evolved over time. letter was signed within 45 days of the UK Exchange Mr. Speaker, I set out as follows a summary of Notes mentioned earlier, ahead of the May 2016 of the public access to beneficial ownership infor- UK Anti-Corruption Summit. mation policy decision track starting from the 2013 The 2018 Commitment Letter, Government of Bermuda G7 (formerly G8) Beneficial Ownership Ac- Bermuda to the Chair of the EU Code of Conduct tion Plan and ending with the EU Council’s Conclu- (Business Taxation) Group. In 2018, the present Gov- sions on the revised EU list of non-cooperative juris- ernment sent correspondence to the EU as part of the dictions, dated 18 February 2020. None of this infor- communication related to the EU’s requirements being mation is meant to imply that governments of the day imposed on low-tax jurisdictions, which included the did not make the right choice for Bermuda. Instead it following: will demonstrate that Bermuda did not choose to wait • Bermuda will work with the EU to achieve its for a crisis to appear before altering course. objective on beneficial ownership. The 2013 Bermuda G7 (formerly G8) Benefi- • Bermuda will work with the EU to implement a cial Ownership Action Plan. Mr. Speaker, under the beneficial ownership regime in a time frame Bermuda G7 Plan, the then-Government of Bermuda similar to the time frame given to the EU committed to review and update mechanisms for do- Member States to implement the 5th Anti- mestic and international cooperation in compliance Money Laundering Directive. with international standards, including in relation to the • Bermuda is keen to work with the EU in the timely and effective exchange of beneficial ownership. examination of all options that may be of in- st The statement was published on the 31 of July 2013. terest to the EU, including the current agree- The 2014 G20 High Level Principles on Bene- ment for exchange of beneficial ownership in- ficial Ownership Transparency (otherwise known as formation between the UK and its Crown De- “the G20 Principles”). Mr. Speaker, there was no re- pendencies [CDs] and Overseas Territories. quirement to give a new commitment, as Principle 4 of This correspondence was signed on the 28th the G20 Principles did not impose a requirement on of December 2018. countries to put in place public registers of beneficial Mr. Speaker, in 2019 and again in the first ownership for companies. The G20 Principles remain quarter of 2020, in relation to delisting decisions in the unchanged. area of tax compliance, the Council of the EU reaf- In 2016, the Exchange of Notes between the firmed its commitment to address matters related to Government of the United Kingdom and the Govern- beneficial ownership and reiterated its invitation to the ment of Bermuda in respect of the sharing of benefi- Code of Conduct Group to finalise discussions in this cial ownership information. The Exchange of Notes area. requires the participants to hold adequate, accurate Mr. Speaker, the underlying problem that and current beneficial ownership information for cor- some are facing, at least from the policy response porate and legal entities on a secured central data- perspective, is that there may not be a clear under- base and/or similarly effective arrangement. Para- standing that the class and nature of threats that we graph 7 of the Technical Protocol to the Exchange of are facing have continued to change. That is a natural Notes requires the designated point of contact (in this human tendency. Mr. Speaker, further to the forego- Bermuda House of Assembly Official Hansard Report 17 July 2020 4417

ing, the issue of public access to beneficial ownership commitments and/or the agreements discussed earli- information for companies is also addressed by the er, Honourable Members should be aware that this UK Sanctions and Anti-Money Laundering Act of 2018 policy was designed with all of Bermuda in mind. [the UK Act], which compels the Overseas Territories Therefore, the commitment made appropriately re- to establish public registers of beneficial ownership flects the requirements that the EU has already im- information for companies by 2023. posed on its own members and on which action is Mr. Speaker, Honourable Members would be already required. aware that the Government of Bermuda published the Mr. Speaker, bearing in mind the threats that Bermuda commitment on the 12th of July 2020, while we currently face, this decision allows the Govern- the CDs and the Cayman Islands published their ment to focus on key issues that underpin this deci- commitments on the 19th of June 2019 and the 8th of sion. Mr. Speaker, we are here because this is where October 2019, respectively. It also should be noted we need to be as a top-tier high-quality jurisdiction, that all other Overseas Territories except the British ever mindful of the changing landscape. We must now Virgin Islands have committed to greater transparency start the work necessary to create the legislative, insti- by announcing they will establish publicly accessible tutional and operational framework that is sufficiently registers of company beneficial ownership. robust and appropriate, and that contains all the nec- Mr. Speaker, given the complexities related to essary checks and balances. Accordingly, in the com- the ongoing developments surrounding this issue, ing weeks the Ministry will meet with our colleagues at there have been ongoing discussions within Cabinet. the Bermuda Monetary Authority and the Registrar of Resultingly, it was agreed that there would be, in the Companies as we move forward with this important first instance, consultation with key stakeholders on initiative. We are aware that this issue has various this matter. Accordingly, the Ministry of Finance met levels of complexity, and we will have further consulta- with certain members of the financial services and tion with our industry partners in order to set the intermediation sectors on the 6th of November 2019 to framework for public access to beneficial ownership brief them on the latest developments with regard to for companies. public access to beneficial ownership. Also discussed Mr. Speaker, in closing, I would like to thank at this meeting were options for consideration in rela- all of those persons within the Ministry of Finance, tion to an appropriate public communique consistent Registrar of Companies, the Bermuda Monetary Au- with the Bermuda brand once it was determined that thority and our industry partners who have assisted Bermuda should put in place a publicly accessible with this matter. Thank you, Mr. Speaker. register of beneficial ownership. Follow-up discus- sions were held in April of this year, and I can advise The Speaker: Thank you, Minister. that the general consensus of the majority of stake- Minister, I believe the next Statement is yours holders was that Government should make an appro- as well. Would you like to continue? priate commitment in line with the other jurisdictions. Mr. Speaker, building on the strength and Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. positive impact of Bermuda’s reputation and Bermu- da’s 70-year beneficial ownership information frame- The Speaker: Go right ahead. work, the objective of our statement to make the com- panies central register of beneficial ownership infor- GOVERNMENT LOANS AMENDMENT—DEBT mation accessible to the public was to further under- CEILING INCREASE pin our commitment to ensure that Bermuda remains a jurisdiction of choice for quality and compliant busi- Hon. Curtis L. Dickinson: Mr. Speaker, I rise this ness. The fact that Bermuda has had a central regis- morning to inform this Honourable House of the status ter for such an extended period when even now it is of the government borrowing and the requirements to not part of the global standard demonstrates that we increase the authorised debt ceiling. The Bermuda have always been committed to leading by example in Government’s borrowing activity is conducted in ac- relation to transparency and by actively engaging with cordance with the requirements of the Government our international partners in respect of beneficial own- Loans Act 1978, which sets a legal limit on loan and ership and transparency. We will continue to work with loan guarantees. Accordingly, later this morning I will international bodies and other jurisdictions in respect table an amendment to the Government Loans Act of of standards relating to corporate transparency and 1978 to increase the debt ceiling by $600 million to information exchange mechanisms, and sharing in- $3.5 billion. formation on Bermuda’s approach and experiences. Mr. Speaker, when this Government took of- Mr. Speaker, failure to acknowledge that there fice in July of 2017, net debt stood at $2.397 billion is more than one way to successfully execute a policy and the debt ceiling at $2.5 billion. We came in with a response is not the Bermuda way. Executing policy focus on prudently managing the country’s finances successfully requires tough and often uncomfortable on behalf of the people of Bermuda and committed choices based on clear principles. As with each of the ourselves to a strategy of not increasing the debt ceil- Bermuda House of Assembly 4418 17 July 2020 Official Hansard Report ing. We were successful in honouring that commit- the credit facilities associated with general liquidity ment in the 2017/18 and 2018/19 fiscal years and needs and the COVID-19 emergency measures; and were on track to do so again in fiscal 2019/2020. (iv) depending on market conditions, liability manage Unfortunately, Mr. Speaker, in July 2019, in tranches of existing indebtedness. Mr. Speaker, any anticipation of borrowings to fund the purchase of in- funds borrowed that are not required in the current debtedness related to the guarantees associated with fiscal year or for liability management purposes are to the stalled Caroline Bay project, the debt ceiling was be invested in the Sinking Fund. increased by $250 million to $2.75 billion. Government Mr. Speaker, the proposed amendment will subsequently entered into a $200 million short-term provide for the authority of the Government to borrow credit facility with local financial institutions to (i) pur- up to the newly established limit as we navigate our chase the project’s tranche B and tranche C loans, (ii) way through the COVID-19 pandemic and beyond. acquire the claims of the project’s general contractor The proposed statutory debt ceiling of $3.5 billion is and local subcontractors, (iii) fund expenses associat- set at a level to enable funding of the government and ed with implementing a remediation plan to protect the its economic recovery over the next two to three physical assets on the site, and (iv) fund expenses years. associated with professional advisers. Mr. Speaker, in closing, Government remains Mr. Speaker, at the end of March 2020, net committed to prudent and sensible borrowing. This debt stood at $2.68 billion, an increase of approxi- borrowing strategy will allow the Government to lock mately $280 million over the July 2017 balance. Mr. in historically low rates, potentially reduce our interest Speaker, it is important to put this increase in addi- expense on some of our current bonds and take ad- tional indebtedness into its proper context and set out vantage of strong current global demand for invest- for Honourable Members the primary components of ment-grade assets. Thank you, Mr. Speaker. this increase: • Approximately $187.0 million related to pay- The Speaker: Thank you, Minister. ment of obligations under the Caroline Bay The next Minister with a Statement this morn- project guarantees and related costs; ing is Minister Foggo. • $64.2 million related to the funding of the Minister Foggo, would you like to present your 2018/19 Sinking Fund contribution; and Statement? • the remainder to finance capital expenditures in fiscal years 2017/18, 2018/19 and 2019/20. CUP MATCH AND EMANCIPATION Mr. Speaker, I provide this information for CELEBRATIONS 2020 context to illustrate that prior to the COVID-19 pan- demic we were executing on our plan to reduce fiscal Hon. Lovitta F. Foggo: Yes. Thank you, Mr. Speaker. deficits, generate budget surpluses and pay down Good morning to my honourable colleagues, good debt, while at the same time delivering important pub- morning to the listening public, and good morning to lic services and a secure, sustainable future for all you, Mr. Speaker. citizens of Bermuda. Mr. Speaker, based on how this pandemic is Mr. Speaker, in April 2020, in anticipation of ravaging communities across the globe, it is no sur- the negative impacts of the COVID-19 pandemic, the prise that our beloved Cup Match was cancelled this Government raised the debt ceiling a further $150 mil- year. However, Mr. Speaker, despite our disappoint- lion to $2.9 billion to ensure that it had the necessary ment, we saw this as an opportunity for the Depart- liquidity to fund a variety of public health and emer- ment of Community and Cultural Affairs to focus on gency financial measures to support Bermuda’s peo- the crux and true meaning of the holiday. The eman- ple and economy. In May of 2020 the Government cipation of enslaved Bermudians is in fact the origin of entered into a $150 million credit facility with local fi- Cup Match, and, despite the current limitations on so- nancial institutions. To date, approximately $80 million cial gatherings, our ability and desire to celebrate that of this facility has been drawn to fund emergency origin is a signal of the deep roots of our culture and measures associated with COVID-19. heritage. Mr. Speaker, I can now advise Honourable Mr. Speaker, particularly now during this time Members that the Government intends to conduct a of shared sacrifice and shared responsibility, the De- public bond issuance in the international capital mar- partment has placed a focus on partnering with indi- kets. The [gross] proceeds to be raised will depend on viduals, organisations and community groups to sup- market conditions, but may be in the range of $1 bil- port and highlight not only the work that is being done lion to $1.25 billion. Mr. Speaker, the proceeds from in our community, but also those that have historically the sale of the contemplated bond issuance are in- supported our celebrations and commemorations of tended to be used, among other things, to (i) finance Cup Match and Emancipation. This year the most sig- the anticipated deficits for fiscal years 2020/21, nificant collaboration is visible in our partnership with 2021/22 and 2022/23; (ii) refinance the credit facility Somerset Cricket Club and St. George’s Cricket Club. associated with the Caroline Bay project; (iii) refinance We have worked closely with Mr. Vashun Blanchette Bermuda House of Assembly Official Hansard Report 17 July 2020 4419

and Mr. Neil Paynter to develop a series of events that a virtual Cup Match celebration. We will not spoil the have been endorsed by the clubs as our signature fun by giving out all of the details at this time, but rest programme for the holiday. assured this is not to be missed. The Department of Additionally, Mr. Speaker, the Department of Community and Cultural Affairs will also be organising Community and Cultural Affairs is working with crick- an Emancipation Tribute Concert in collaboration with eters, historians, Bermemes, Libraries and Archives, Bermemes, made available online as well as via CITV CITV, Method Media, tour operators, musicians and to the public on Mary Prince Day. We will announce Friendly Societies to provide opportunities for the pub- the line-up at a later date, but I can guarantee that lic to learn about the connections between Mary tuning in will be a very special way to spend the sec- Prince’s narrative published in 1831, Emancipation on ond day of our holiday. the 1st of August 1834, our first Cup Match in 1902, Mr. Speaker, details for all of the information I the establishment of the Cup Match holiday in 1947, have provided today are available on the Department and of special significance this year, the establish- of Community and Cultural Affairs website, at ment of Mary Prince Day in 2020. It is clear that this www.communityandculture.bm. I encourage the public observation has evolved over the years, but one thing to take full advantage of the many and varied offerings has remained constant: No matter how it is celebrated and to celebrate the holiday safely. amongst our citizenry from year to year, this remains Mr. Speaker, in February of this year this our most culturally significant holiday, and we were Honourable House approved an amendment to the determined that this year should be no different. Public Holidays Act 1947 to rename the second day of Mr. Speaker, in terms of educating our public Cup Match from Somers Day to Mary Prince Day. Mr. about our history, Mrs. Shirley Pearman will tell us on Speaker, at that time I advised this Honourable House July 21st about how the public art that we see on a that our National Hero, Mary Prince, is recognised on daily basis throughout the City of Hamilton tells a the world stage for the crucial role she played in the larger story of African–Bermudian resistance. There is abolition of slavery throughout the British Empire by also the opportunity to tune in to a webinar on Ju- telling the painful story of her life as an enslaved per- ly 23rd, hosted by Titan Express and featuring Rashida son. It was only fitting that the second day of Cup Godwin, as she tells the stories of Emancipation gifted Match be renamed for her. to us by Mary Prince and the Friendly Societies. There Mr. Speaker, it is also fitting that we provide a will be a socially distanced walking tour exploring suitable location for education and reflection not only Bermuda’s Black Mecca from Princess Street to Union on the legacy of Mary Prince but those who have fol- Street, narrated by Mr. Charles Jeffers on July 25th. lowed her in pursuing social justice and change in This provides an ideal opportunity to learn more about Bermuda, with the intention of inspiring those yet to this area of African–Bermudian economic empower- come. To that end the Department of Community and ment. Cultural Affairs assembled an advisory committee The historical jewel in the crown will be a lec- comprising technical officers from the Department of ture by Dr. Clarence V. H. Maxwell, made available to Environment and Natural Resources, the Department the public on our very first Mary Prince Day, as he of Public Lands and Buildings and the Ministry of Ed- talks about our eminent National Hero’s struggle for ucation, as well as experts within Bermuda’s visual freedom. Dr. Maxwell will follow this talk with another arts community and members of the Community and the following week on August 8th, a webinar hosted by Cultural Affairs Department’s Emancipation Commit- the Department of Libraries and Archives in collabora- tee to consider a suitable site related to Mary Prince. tion with the Department of Community and Cultural Mr. Speaker, the committee considered a Affairs, which will also feature Dr. Theodore Francis II number of sites and, based on their detailed recom- speaking about Black resistance, and Dr. Quito Swan mendations, Devonshire Bay Park was determined as speaking about the Black Power movement. the most appropriate site. Mary Prince was born in Mr. Speaker, for those who want to know Brackish Pond. Brackish Pond was the colloquial more about Cup Match and our sporting legacy from name at that time for the parish of Devonshire, and cricketers both current and seasoned, there will be a most of the houses where she was enslaved were series of conversations and interviews hosted on also in Devonshire. This site not only reflects her con- CITV. We will release a full schedule in the lead-up to nection to Devonshire, but the park’s good access, the holiday. We are also excited to partner with Meth- central location, tranquillity, and proximity to the ocean od Media, who will provide a series of interviews that facing south (as an acknowledgement of the parts of will give us the flavour of Cup Match, tapping into the her life spent in the Caribbean) provide an ideal loca- heart and soul of why this holiday is one of our very tion to commemorate Mary Prince. favourites. Mr. Speaker, to this end I am pleased to an- Mr. Speaker, Cup Match would not be Cup nounce that with the support of my honourable col- Match without a nod to at least some of the celebrato- league, Lieutenant Colonel Burch, Minister of Public ry parts of the holiday. Bermemes and the Department Works, and the Parks Commission that Devonshire of Community and Cultural Affairs are teaming up for Bay Park will be renamed as “Mary Prince Emancipa- Bermuda House of Assembly 4420 17 July 2020 Official Hansard Report tion Park.” Mr. Speaker, we will shortly begin a pro- assiduously during the past months to develop a cess of public consultation on the design and siting of COVID-19 System School Reopening Plan for receiv- a suitable monument in the park to recognise Mary ing children in September 2020. As a result of this Prince and provide a focal point for the public to visit work, all school buildings will be open. and reflect not only on her life, but the quest for social Mr. Speaker, you will recall that back in May I justice that continues to this day. gave a report that the prep work being undertaken for Mr. Speaker, in closing, I would be remiss in a the reopening of our public schools involved the de- statement regarding the importance of the history and velopment of a system plan comprising four compo- heritage of Black Bermudians if I did not once again nents: publicly acknowledge the loss of activist Dr. Eva 1. planning for reopening; Hodgson and, most recently, film legend Mr. Earl 2. preparation of school buildings; Cameron. Both fought against racism and segregation 3. recovery to transition staff and students back in totally different ways, and our narrative of who we into normalcy; and are as a people is much, much richer with these two 4. implementation of a hybrid learning model. giants as part of our cultural tapestry. Mr. Speaker, I Mr. Speaker, let me first speak on the reopen- thank you. ing component. Again, in light of COVID-19, signifi- cant time and effort was put into developing the spe- The Speaker: Thank you, Minister. cific safety and health protocols for every public The next Statement this morning is in the school level. The department has observed several name of the Minister of Education. Minister [Rabain]. comments and questions in the various social media platforms, and received many queries asking, What Hon. Diallo V. S. Rabain: Good morning, Mr. Speak- will our public schools look like in September? Parents er. Can you hear me? want to know, how will children be kept safe and what is planned for physical distancing? The Speaker: Good morning. Mr. Speaker, due to the heightened concern, I felt the need to prepare a separate Statement on just Hon. Diallo V. S. Rabain: Good morning, Mr. Speak- the safety and health protocols for the public school er. Can you hear me? system, to provide our parents, guardians and the general public with an in-depth account of the exten- The Speaker: Yes. We hear you loud and clear. sive detail officers in the Department of Education and Health have taken into consideration to ensure the Hon. Diallo V. S. Rabain: Okay. Thank you. safety of our public school students is a priority. I will read that Statement next. The Speaker: And we also see you. Mr. Speaker, the physical preparation of our school buildings was another significant component of [Laughter] system planning. Since the closure of schools back in March, our school custodians have consistently COVID-19—SCHOOL REOPENING PLANS FOR worked towards maintaining the cleanliness of the SEPTEMBER 2020 schools, ventilating the school buildings, and imple- menting the deep cleaning and sanitising processes. Hon. Diallo V. S. Rabain: Good morning. Mr. Speak- However, in May, during the building walkthrough pre- er, this morning I rise to provide my honourable col- testing of the safety and health protocols, the teams leagues with a further update on the Department of discovered that many classrooms were cluttered with Education’s school reopening plans for September items not appropriate for classroom environments. 2020 and to confirm the completion of the earlier Also, many items in classrooms had the potential to planning work that I shared with my honourable col- adversely impact the air quality and were taking up leagues two months ago in May 2020. much-needed space. To rectify this, school staff were Mr. Speaker, we are all aware that COVID-19 required to declutter classrooms to meet basic safety is still very present with us and will be around in the and health guidelines. Subsequently, inspections were months ahead. With this in mind, opening our public carried out at the end of the school year at all 36 schools safely and being able to stay open require the school sites to ensure adherence to these guidelines. careful and thorough planning. The good news is that Mr. Speaker, to start the school reopening the reopening of schools safely is possible and has process, in August all schools will be deep cleaned been achieved in countries such as Hong Kong, Tai- once again and inspected, using a standardised in- wan, Denmark and others. Additionally, the reopening spection form. Water tanks at all schools will be chlo- of schools is strongly supported by the fraternities of rinated to ensure the water supply is safe for drinking paediatricians both locally and overseas. Therefore, and washing of hands. Safety and health signs will be Mr. Speaker, I am pleased to share that technical of- posted throughout the school buildings as a constant ficers in the Department of Education have worked reminder to staff and students of following safety and Bermuda House of Assembly Official Hansard Report 17 July 2020 4421

health protocols. Custodians will follow a daily clean- These workshops were specifically chosen ing and sanitising regime developed by the Depart- and designed to equip staff with skills needed for a ment of Health. In instances where there are staff hybrid learning model in September, and are being shortages for cleaning, daytime cleaners will be hired offered again during the summer months July and Au- to fulfil the need of frequent sanitising and cleaning. gust, in addition to workshops for mathematics, As such, the Department of Education will be collabo- STEAM and PowerSchool. rating with the Department of Workforce Development The hybrid learning model is one which in- to secure cleaners for these schools. An adequate volves in-classroom (or face to face) instruction and supply of cleaning supplies and hygiene essentials for remote learning for students and was chosen to ac- staff and students has been secured and will be avail- commodate extremely vulnerable staff and students able at the start of the school year in September. who require shielding and who cannot go into school Mr. Speaker, setting up classrooms in compli- buildings. Staff and students who fall in this category ance with physical distancing protocols has meant will be teaching and learning remotely. that schools needed to find additional spaces to hold Mr. Speaker, the hybrid learning model re- classes. All students’ and teachers’ desks were rear- quires staff and students to be in possession of lap- ranged, and classrooms were reconfigured to align tops, and the school site will be equipped with the with the physical distancing protocol of six feet. This technology to support remote learning. All schools meant that a classroom that held 20 students previ- have had their bandwidth increased. Middle and sen- ously now only holds 10 students with physical dis- ior schools have Wi-Fi that can be accessed from an- tancing. Therefore, two classroom spaces will be ywhere in the building. And this summer the Wi-Fi needed instead of one. This reconfiguration of the availability in the remaining schools will be expanded school’s physical environment will impact what learn- for schoolwide access. Additionally, this summer, IT ing looks like in September. For example, a teacher staff will be replacing LCD projectors and ensuring who is teaching the class may be face to face with smartboards can be used for displaying projected con- one group, while the other group that is physically on- tent and the faces of students accessing learning via site in another room accesses the lesson remotely remote platforms. The department is securing addi- under the supervision of another qualified teacher. tional laptops with the aim of having all laptops and This reconfiguration will require the depart- contracts ready for staff and students to sign, onsite at ment to increase the number of teachers onsite. Some schools, by the last week of August. of our schools will be using common areas for teach- Additionally, school days have been adjusted ing, such as the assembly hall, computer lab, art to accommodate the daily safety and health protocols room, music room, learning support room and reading that will be followed, and to implement staff and stu- room. However, Mr. Speaker, the Department of Edu- dent wellness activities. Schools will allocate 30 cation has not ruled out the possibility of implementing minutes every morning for entry procedures, which a rotational schedule for attending school, particularly will involve taking students’ temperatures, guiding for our older students in the upper middle and senior students through handwashing and other safety pro- school levels. Additionally, as guidelines are evolving tocols before they arrive in their respective class- worldwide, the department is looking at the potential rooms. This schedule will also include a staff and stu- of installing plexiglass shields on students’ individual dent morning and afternoon wellness break to support desks at the primary level. This has proven to reduce staff and student well-being. the amount of space needed between students in the Mr. Speaker, let me close by saying that to classroom and allow for all children to be in the same effectively support the reopening of schools in Sep- class. tember 2020, a comprehensive communication plan Mr. Speaker, I will shift from school building and strategy will be implemented during the months of preparation to the fourth component in the School Re- July and August. Communication is an area the De- opening System Plan and provide details of the hybrid partment of Education recognises the need to en- learning model that will be implemented in our hance with our stakeholders. A communication plan schools. When the doors of public schools open for has been developed that incorporates using a broad staff on September 1st, 2020, they will participate in range of social media, [as well as] digital, online and meetings and workshops that will focus on expanding media platforms. This will occur to ensure parents information shared during the end-of-year June work- have sufficient information well in advance of Sep- shops. Some of the workshops held include the fol- tember to understand what the reopening of public lowing: schools will involve for their children. • how to create a well-structured online lesson; Mr. Speaker, we encourage our educational • keeping students engaged in remote lessons; family to continue to use the BPSS Family Feedback • formative assessment tools for remote learn- form to send in their questions, concerns and kudos ing; about the work taking place in our schools and at the • Schoology; and Department of Education. Thank you, Mr. Speaker. • G-Suite. Bermuda House of Assembly 4422 17 July 2020 Official Hansard Report

The Speaker: Thank you, Minister. 2. How can these risks be mitigated? Minister, the second Statement is in your 3. What would be required for schools to operate name. Would you like to do that one now as well? using physical distancing? Detailed information was received for all Hon. Diallo V. S. Rabain: If it pleases you, Mr. school levels and shared with the technical officers in Speaker. the Department of Health, who used the information to develop and frame the safety and health protocols. It The Speaker: Continue right ahead. is important to note that current research, the input from school staff and the input from health profes- COVID-19—ENTRY AND EXIT SAFETY & HEALTH sionals were all key factors and information consid- PROTOCOLS FOR THE PUBLIC SCHOOL SYSTEM ered. Mr. Speaker, in May the first draft version of Hon. Diallo V. S. Rabain: Mr. Speaker, this morning I Entry to Exit Protocols had been developed for each rise to provide my honourable colleagues with an up- public school level. The draft protocols were shared date on the COVID-19 Entry and Exit Safety & Health with all school leaders for their initial input and subse- Protocols that have been developed for our public quent feedback from their school’s COVID-19 Re- schools and which are now ready for implementation sponse Team. Several iterations were developed, re- at the start of the upcoming school year. flecting a high degree of thoroughness and diligence Mr. Speaker, children are at the forefront of to obtain a sound framework of school safety and everything that we do at the Department of Education. health protocols. The COVID-19 pandemic has made the safety of stu- Mr. Speaker, the protocols were pretested for dents and staff even more paramount. When our pub- each school level to determine feasibility and practi- lic schools reopen in September 2020, the safety, cality and to get additional feedback on what revisions health and well-being of all students and staff will re- were needed. A pretesting schedule was established main our priority. Oftentimes, it is not known the ex- for one full week in May, and teams were asked to do tent of work required for developing new systems, the walkthrough of the protocols at our largest schools processes and procedures. So this morning I plan to at each level. The walkthroughs were held at Warwick share with my honourable colleagues and the general Preschool, West Pembroke Primary School, Dellwood public the detailed work and careful attention that was Middle School and DAME. The pretesting teams com- given when developing the entry and exit protocols for prised the Department of Education office staff, De- our public school buildings. partment of Health representatives, custodians, Mr. Speaker, during the Shelter in Place school principals, and representatives from all three quarantine back in April this year, the Commissioner unions. of Education reached out to the technical officers in Mr. Speaker, the development of the health the Department of Health to seek their lead with de- and safety protocols for the senior school level was veloping safety and health protocols for all of our pub- delayed at that time, as the senior schools were con- lic schools. Specifically, there was a request for proto- tinuing with remote learning for all students. However, cols for each aspect of a student’s participation in a the feedback obtained from the pretesting exercise school day. The intent was for the Department of Ed- was meaningful and supported the refining of the ucation to know what safety and health procedures health and safety school protocol documents. Once would be required from the time a student arrives at the Entry to Exit Safety and Health Protocols were the school premises—enters the school building, finalised, each school principal was provided a copy to walks to their classroom, participates in class lessons, customise for their respective school building. This visits the bathroom, goes to lunch—to leaving at the process was completed in June 2020 prior to the end end of the school day. In essence, Mr. Speaker, a of the school term. student’s movement on a typical day was tracked, and Mr. Speaker, several Department of Educa- then a protocol was designed around that movement. tion technical officers, such as school psychologists, Also, the aim was to develop an Entry to Exit curriculum officers, IT technicians, mentor teachers Safety and Health Protocol for each school level— and student services officers, visit our schools on a preschool, primary, middle, senior, and also our spe- daily basis to serve both teachers and students. As cial school, Dame Marjorie Bean Hope Academy (also such, the Department of Health Officer is currently known as DAME). working on finalising specific safety and health proto- Mr. Speaker, during the shelter in place quar- cols for Department of Education technical officers, antine, principals from each school level worked to- which will ensure that we cover all bases in ensuring gether with their staff and were tasked to provide in- safe school buildings. formation in response to the following questions due Mr. Speaker, the Entry to Exit Safety and to COVID-19: Health Protocols are comprehensive documents that 1. What are the risks associated with being in- reflect the current research, the input of school staff, side of school buildings? union representatives and the technical expertise of Bermuda House of Assembly Official Hansard Report 17 July 2020 4423

staff from the Department of Health. The detailed partment’s website at www.moed.bm for access by guidance constitutes an appropriate mix of rigour and parents, guardians and the general public. Individual realism for the educational setting. The protocols aim schools will be asked to post the customised protocols to on their respective school websites. 1. provide safety and health guidelines for Developing these protocols was a mammoth school operations; task. The Ministry of Education would like to extend 2. keep sick students and staff out of school our deepest gratitude to Nurse Lynn Jackson and buildings; and Healthy Schools Coordinator, Ms. Marie Beach, from 3. ensure an adequate response when someone the Department of Health, for their diligence and the is found to be ill on the school premises. countless hours spent developing the protocols and Mr. Speaker, I will now share a few highlights working with the Commissioner of Education. I also of the entry to exit protocols that were developed. must extend my thanks to Department of Education (1) Upon arrival at the schools in the morning, a staff, principals, school staff and union stakeholders screening will take place to ensure children are free of for their contributions to the development of these symptoms of COVID-19 or any other illness. (2) This comprehensive safety and health protocols for our screening includes temperature checks, a three-point schools and for the protection of staff and students. questionnaire and appropriate follow-up measures. Mr. Speaker, we encourage our educational (3) Parents will be required to wear face coverings family to continue to use the BPSS Family Feedback when on the school premises, but will not be allowed form to send in their questions, concerns and kudos into school buildings, to ensure a healthy and safe about the work taking place in our schools and at the “bubble.” (4) A key feature of our safety plan is the Department of Education. Lastly, we encourage our use of bubbles consisting of the same group of chil- parents and the general public to visit www.moed.bm dren. Children will remain in their bubbles and ob- to review the COVID-19 Entry to Exit Safety and serve appropriate physical distances. (5) Preschoolers Health Protocols developed in preparation for the reo- and primary and middle school students are not re- pening of all school buildings in September 2020. quired to wear masks at this time. Thank you, Mr. Speaker. Mr. Speaker, senior school students will be required to wear face masks while on the school The Speaker: Thank you, Minister. premises. However, students at all school levels who The last Statement this morning is in the become ill during the school day would be required to name of the Minister of Labour. wear a mask, if tolerated, and isolated and supervised Minister Hayward, would you like to present until they are collected by a parent or guardian. your Statement? School staff at all levels will be required to wear [face] masks throughout the day while they are on the prem- Hon. Jason Hayward: Good morning, Mr. Speaker. ises and in the building, including when they are in close contact with children or their colleagues. The Speaker: Good morning. Mr. Speaker, other protocols include the fol- lowing: ONE-YEAR RESIDENCY CERTIFICATE POLICY • The installation of signs and floor markings as reminders for the now well-known preventa- Hon. Jason Hayward: Mr. Speaker, I am pleased to tive practices—hand hygiene, respiratory hy- announce that the Ministry of Labour will amend the giene and physical distancing. eligibility for a one-year residential certificate to allow • School staff will supervise outside play in persons who are able to work remotely from Bermuda, bubbles consisting of the same group of chil- such as digital nomads, and to allow non-Bermudian dren who will be asked to engage in contact- post-secondary students to complete their higher edu- less play and observe appropriate physical cation from Bermuda starting August 1, 2020. The distances. cost of this certificate is $263. • All equipment used by children and staff will Additionally, the Ministry will also adjust the be sanitised before and after use, and chil- policy for visitors to the Island by extending the maxi- dren will not share equipment and supplies. mum period a visitor may stay in Bermuda from 90 to • Staff will be subject to similar restrictions with 180 days. The COVID-19 health crisis had a signifi- movement around the school building, and cant impact on the local economy resulting in mass leaving the school facility during the day for unemployment and decreased economic activity. The appointments will be discouraged. Government seeks to offer this new one-year residen- Mr. Speaker, as I shared earlier in this State- tial certificate to qualifying persons to extend visitor ment, the Entry to Exit Safety and Health protocols stays in Bermuda and, by doing so, were developed for every school level—preschools, • increase the residential population; primary, middle, senior and our special school DAME. • increase economic activity; These protocols will be posted on the Education De- Bermuda House of Assembly 4424 17 July 2020 Official Hansard Report

• provide greater job security for Bermudians; all relevant documentation, via the government portal and at www.gov.bm on or before August 1, 2020, and that • enhance the marketability of Bermuda as a the process will be swift. place to reside, visit or do business. Thank you, Mr. Speaker. Mr. Speaker, there are persons who are loca- tion-independent, using technology to perform their The Speaker: Thank you, Minister Hayward. job no matter where they are. Such persons work re- This actually brings us to the end of the motely, telecommuting rather than being physically Statements for this morning, and we will now move present at a company's headquarters or office. Re- on. mote working has been a growing trend for some time, and it is something the Bermuda Government REPORTS OF COMMITTEES has been examining as part of its technology-focused economic divergence strategy. The trend towards The Speaker: There are no reports of committees. more remote working has been accelerated by COVID-19. These visitors can reside in Bermuda QUESTION PERIOD without seeking employment on the Island and will promote economic activity for our country without dis- The Speaker: Members, as you know, the Question placing Bermudians in the workforce. Period is 60 minutes. And it is now 11:26. And we Mr. Speaker, allowing non-Bermudian post- have two sets of written questions this morning, which secondary students to complete their higher education will be done before the questions for the Statements. from Bermuda represents an opportunity to build an And the first written question is for the Minister international student community in Bermuda and en- of Finance from MP Dunkley. Both sets of written hance Bermuda’s digital perception by travellers questions are asking for an oral reply today. worldwide, which will produce benefits to the local So, MP Dunkley, would you like to put your economy. The Government expects the economic questions to the Minister of Finance? benefits to Bermuda of introducing this one-year resi- dency certificate to include additional economic activi- QUESTION 1: BERMUDA INFRASTRUCTURE ty in restaurants, hotels and accommodations, [and in] FUND—INDIVIDUAL PROJECTS leisure businesses and government departments. It is a step to strengthen the economy which will benefit Hon. Michael H. Dunkley: Thank you, Mr. Speaker, Bermudians. and good morning to you and colleagues. As the Minister with responsibility for Immigra- To the Honourable Minister: Will the Honour- tion, I have the authority to issue residential certifi- able Minister please inform the Honourable House of cates under section 32 of the Bermuda Immigration the individual projects and associated investments the and Protection Act. The policy will require applicants Government has initiated using the Bermuda Infra- to structure Fund, since its establishment in 2017? 1. be over the age of 18; 2. demonstrate good character and not have a The Speaker: Minister. conviction for an indictable offence; 3. possess valid health insurance; Hon. Curtis L. Dickinson: Mr. Speaker, the fund 4. demonstrate employment with a legitimate commenced operations on April 27th of 2018, and has firm or their own company registered and op- raised approximately $88 million in capital commit- erating overseas, which does not operate in ments from limited partners, including the Government Bermuda in the case of a remote worker; of Bermuda. Since its establishment, the Bermuda 5. provide evidence of enrolment in a research, Infrastructure Fund has concluded on one investment undergraduate, graduate or doctorate pro- in an electric vehicle business. Separately, the fund is gramme in the case of a student; and currently in advanced discussions regarding two other 6. demonstrate sufficient means and/or continu- initial investments, in the telecommunications and ous source of annual income without the need food security industries, which in the aggregate will to engage in gainful employment in Bermuda. require approximately $50 million of capital invest- The Ministry of Labour will collaborate with the ment. The three contemplated investments together Bermuda Tourism Authority and the Bermuda Busi- could create between 60 and 80 full-time positions. ness Development Agency to communicate this op- In addition, the fund is exploring additional portunity to the world. investments in multiple areas of Bermuda’s infrastruc- Mr. Speaker, the Ministry is working diligently ture, including but not limited to transportation, water along with the Department of Immigration to launch or waste water, health care and energy. this one-year residential certificate during the first week of August 2020. It is anticipated that the form The Speaker: Thank you. will be available for electronic submission, along with Is there any supplementary? Bermuda House of Assembly Official Hansard Report 17 July 2020 4425

SUPPLEMENTARIES limited partners to fund those investment opportuni- ties. The Government of Bermuda was instrumental in Hon. Michael H. Dunkley: Yes. Thank you. getting the fund set up, [and] it was supportive of the Supplementary to the Honourable Minister: I fund. The operation of the fund, the day-to-day man- appreciate the update. My question specifically related agement of it, rests with the investment managers, to individual projects and associated investments the Fortress. Bermuda Government has initiated with the Bermuda Infrastructure Fund. The overview the Minister gave The Speaker: Thank you, Minister. seemed to be what the fund had done in itself without Is there another question, supplementary? any collaboration with the Government. Is that cor- Well, you had your two supplementaries; sorry. Would rect? you like to put your second question?

The Speaker: Minister. QUESTION 2: BERMUDA INFRASTRUCTURE FUND—NUMBER OF JOBS CREATED Hon. Curtis L. Dickinson: Mr. Speaker, the respon- sibility of the fund is to identify investments and to Hon. Michael H. Dunkley: Yes, Mr. Speaker. make investment decisions. That is their job. We, as Would the Honourable Minister please inform the Government, make it known that there is a fund the Honourable House of the total number of jobs thus available for those persons who want to avail them- far created by investments undertaken in Bermuda by selves of that capital. And the individuals make ap- the Government through use of the fund’s assets? proaches to the fund on their own initiative. And inas- much as they can arrange, work out terms for an ar- The Speaker: Minister. rangement to do a deal, a deal is done; otherwise, [a Hon. Curtis L. Dickinson: Mr. Speaker, again I think deal] is not [done]. The Government is not in the busi- there seems to be some confusion around the Gov- ness of telling the infrastructure fund how to do its ernment’s involvement in this fund. The Government business. has not undertaken any investments; the fund would have undertaken investments. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Second supplementary. The Speaker: Supplementary?

The Speaker: Supplementary, yes. Hon. Michael H. Dunkley: No supplementary, Mr. Speaker. Hon. Michael H. Dunkley: The Government support- There is no confusion on this front. I will go to ed the initiation of the fund back in 2017. In 2018 it question 3. came to reality. So is the Minister saying that as of yet the Government has not had any investors who have The Speaker: Three. Okay. contributed to funding from this to starting jobs in Bermuda? QUESTION 3: BERMUDA INFRASTRUCTURE FUND—FEES AND EXPENSES The Speaker: Minister. Hon. Michael H. Dunkley: Will the Honourable Minis- Hon. Curtis L. Dickinson: Mr. Speaker, perhaps the ter please provide this Honourable House with the Honourable Member is unfamiliar with how a fund like details of the fees and expenses the Government has this actually works. What I mentioned in my opening paid in relation to the fund since its inception, itemis- statement was that the fund had raised commitments ing the fees and their related expenses? of approximately $88 million. In the world of private equity or funds like this, the fund managers go out to The Speaker: Minister. investors to solicit interest in providing capital or mak- ing commitments to the fund to do the fund’s busi- Hon. Curtis L. Dickinson: Mr. Speaker, that one I ness. Inasmuch as there— can help with. The amounts of management fees paid Can you please mute your microphone? by the Bermuda Government to the fund manager, Fortress Investment Group LLC, to date are $1.656 [Inaudible interjection] million, approximately $175,000 in November of 2018, and the further $1.48 million in May of 2020. Fortress The Speaker: Go ahead. was selected to manage the fund professionally. For- tress is a leading, highly diversified global investment Hon. Curtis L. Dickinson: Inasmuch as there are management firm. They apply deeply specialised ex- investment opportunities which require funding then pertise across a range of investment strategies, in- the investment manager makes capital calls of the cluding private equity and credit on behalf of over Bermuda House of Assembly 4426 17 July 2020 Official Hansard Report

1,600 institutional investors and private clients world- Hon. Curtis L. Dickinson: Is that a question? wide. In order to manage the fund professionally, as Hon. Michael H. Dunkley: Yes, it is, Minister. the Government and institutional investors in the fund require, Fortress needed to dedicate senior invest- Hon. Curtis L. Dickinson: Can he repeat the ques- ment professionals to this fund. The fund manager’s tion, please? basic duties to the fund are to act as investment advi- sor for the fund; invest in companies and projects; Hon. Michael H. Dunkley: The Premier is on record purchase and sell assets, securities, and businesses of stating some months ago that the fund is important on the fund’s behalf; and manage and supervise the for Bermuda on two fronts: It supports a modernisa- fund’s investments. tion of Bermuda’s ageing infrastructure and will pro- The mechanism of the management fee pay- vide jobs for Bermudians in the months and years to able by the Government to Fortress are as follows: come. In light of the fact that it is Government that The Government of Bermuda backstops the fund’s modernises the ageing infrastructure, for $1.656 mil- minimum semi-annual management fee of a half a lion to date, there has been no . . . What has been the million dollars, essentially paying the difference, if any, modernisation of our ageing infrastructure? between the management fees earned by Fortress based on the invested capital of the fund and The Speaker: Minister. $500,000. The Government’s commitment to backstop the management fee is capped at a total of $3 million. Hon. Curtis L. Dickinson: Okay. Thanks for that To the extent the Government’s capital is not returned question. by the conclusion of the fund’s investment period, the There have been no direct investments in Government will have a pro rata limited partner inter- government infrastructure. The reason why the fund est in the fund. was lauded when it was established was because it provided another source of capital for funding pro- The Speaker: Thank you, Minister. jects. One of the unfortunate realities of a fund, of this Supplementary? particular fund, in terms of its construct are that it has something called a “hurdle rate.” And a hurdle rate is Hon. Michael H. Dunkley: Yes, Mr. Speaker. the rate of return that the fund managers seek to re- turn to investors. In the case of this fund, the hurdle The Speaker: Go ahead. rate is 11 per cent, which would make the capital pro- vided by it somewhat expensive relative to the cost of SUPPLEMENTARIES capital that the Government can avail itself of in the public or international capital markets. Hon. Michael H. Dunkley: How much has Fortress By way of reference, Government is getting invested to date? quotes from our investment bankers on our contem- plated bond offering in the range of 3 [per cent] to The Speaker: Minister. 3.5 per cent. And so, the Government in assessing whether to choose to avail itself to the fund or capital Hon. Curtis L. Dickinson: I am just trying to identify to fund government infrastructure projects would de- that information, Mr. Speaker. I would say that For- cide to go with the capital, that is the least expensive tress . . . and I do not want to be overly technical here. in this case, the 3.5 per cent money as opposed to But I want to respond to the question that was asked. 11 per cent hurdle rate money. Fortress has invested zero to date. The fund would Notwithstanding that, entrepreneurs have have made investments. And I would need to get my sought audiences with the fund managers to see if technical officer to provide me with the quantum of the there is a way that they can avail themselves to the investment for the electric vehicle business that I men- capital, because they may have had difficulty getting tioned earlier in my statement. capital from the banks, and the 11 per cent capital is somewhat cheaper than the typical 15 per cent cost of Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I capital that is attributed to common equity. am happy for the Minister to be technical, and I wait for the feedback. Hon. Michael H. Dunkley: Thank you, Minister, for So, Mr. Speaker, the Premier said some that. Thank you, Mr. Speaker. months back that the fund is important for Bermuda So for $1.656 million, we have no return on on two fronts: It supports the modernisation of Bermu- investment yet. Thank you, Mr. Speaker. da’s ageing infrastructure and will provide jobs for Bermudians in the months and years to come. But for The Speaker: Thank you for the exchange. $1.656 million, Mr. Speaker, to date, we have seen no The next question this morning is another writ- support of Bermuda’s ageing infrastructure? ten question requiring an oral response. It is from the Bermuda House of Assembly Official Hansard Report 17 July 2020 4427

Opposition Leader to the . . . it was originally sent to Yes, I am just trying to confirm if you can hear the Acting Minister of National Security. Would the me. Acting Minister be answering, or the new Minister be answering? The Speaker: Yes. Yes.

Hon. Renee Ming: Good morning, Mr. Speaker. It is Hon. Renee Ming: So you can hear me? Renee, and I will answer the question. The Speaker: Yes. We can hear you now. The Speaker: Good. Welcome, Minister. Good. Opposition Leader, could you put your ques- Hon. Renee Ming: Okay. Good. tion to Minister Ming? On June 30th, 2020, a letter dated June 26th, 2020, was received via email from MEF/Blu Restau- Hon. L. Craig Cannonier: Yes. Thank you very rant applying for exemption to the 50-person limit for much, Mr. Speaker, and to colleagues. And welcome dinner reservations for 130 guests. to our new Minister, Ms. Ming. Welcome. The Speaker: Thank you, Minister. Hon. Renee Ming: Thank you. Supplementary, Opposition Leader?

QUESTION 1: BLU RESTAURANT LARGE GROUP Hon. L. Craig Cannonier: Yes. And for clarification, EXEMPTION APPLICATION the Honourable Member did say on June 30th? I am not sure if she is saying that they received the applica- Hon. L. Craig Cannonier: My first question is, Will tion on June 30th or that the . . . and in addition to that, the Honourable Minister please inform this Honoura- the application was made on June 30th. ble House, who was the party responsible for applying for a large group exemption from prohibition in Regu- The Speaker: So before you put a question, you are lation 5(1) and (2) of the Public Health (COVID-19 trying to get clarification to her answer? Emergency Powers) Regulations 2020 for a charity dinner for Meals on Wheels? Hon. L. Craig Cannonier: Yes.

The Speaker: Minister. [Crosstalk]

th Hon. Renee Ming: On June 30 , 2020, a letter dated The Speaker: Minister, can you just clarify that piece June 26th, 2020, was received via email from MEF/ he is asking? Blu Restaurant applying for exemption for the 50- person limit for dinner reservations for 130 guests. Hon. Renee Ming: Sure. The letter was received on the 30th of June. But it is actually dated June 26th. Hon. L. Craig Cannonier: I am sorry. I could just about hear. Hon. L. Craig Cannonier: Okay. Thank you.

The Speaker: Okay. Yes, Minister, you did come a bit The Speaker: Now do you have a supplementary? low that time. Would you just speak a little closer to your microphone or adjust your microphone? Hon. L. Craig Cannonier: Yes, I do.

[Pause] The Speaker: Continue with your supplementary.

The Speaker: Oops. It looks like we have lost the SUPPLEMENTARY Minister. Hon. L. Craig Cannonier: Supplementary: Consider- Hon. Renee Ming: Can you hear me now? ing they received the application on June the 30th, was that application made on June the 30th approved? The Speaker: You are back now. Yes. The Speaker: Minister. Hon. Renee Ming: Mr. Speaker. Hon. Renee Ming: Two seconds. The Speaker: Yes. We see you clearly. And we— The Speaker: No problem. Hon. Renee Ming: Okay. Can you hear me now, Mr. Speaker? Hon. L. Craig Cannonier: And if so, when?

Bermuda House of Assembly 4428 17 July 2020 Official Hansard Report

[Pause] Hon. Patricia J. Gordon-Pamplin: I just wanted to clarify things. Hon. Renee Ming: I do not see that it was approved, [MP] Cannonier. It may have been still being consid- Hon. Renee Ming: I was specifically asked if it was ered. approved on the June 30th date, and that is the an- No, it was not. swer I provided—no, it was not.

The Speaker: Are you still seeking the answer, Minis- Hon. Patricia J. Gordon-Pamplin: Not on the ter, or . . . ? June 30th date . . . if I can get some clarification, Mr. Speaker. I think the Minister has perhaps misunder- [Crosstalk] stood what the question was from my Honourable Leader. He did not ask whether the letter was ap- th Hon. Renee Ming: I am sorry. Can you hear me now? proved on the 30 of June; [the question] was, Was the request of the 30th of June approved; and if so, The Speaker: Yes. We can hear you now. when?

Hon. Renee Ming: Okay. No, it was not. Hon. Michael J. Scott: Point of order, Mr. Speaker, Michael Scott. Hon. L. Craig Cannonier: No, it was not. Okay. POINT OF ORDER The Speaker: Would you like to put a second sup- plementary now? Hon. Michael J. Scott: I am sorry. I do not like to in- tervene in this, but I understood the Opposition Lead- Hon. Patricia J. Gordon-Pamplin: May I have a sup- er to ask the Minister whether the letter was . . . what plementary on that, Mr. Speaker, please? was the date of the approval. And he was relating his question to whether the approval was on the 30th of The Speaker: Yes. June. That was my understanding. Opposition Leader, will you yield for your Member who would like to put a supplementary? Hon. L. Craig Cannonier: Well, Mr. Speaker, he is completely incorrect. And if you check the Hansard, Hon. L. Craig Cannonier: Yes. my question was about the application itself. When was the application received ? And then the supple- The Speaker: Go ahead, Member. mental . . . which she said was received on June the 30th. SUPPLEMENTARIES The supplemental question was thereafter. So let us not confuse this here. And so when I asked, Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. When was it received? Then the following was, okay, Speaker. well, was it approved? When was it approved? Honourable Minister (congratulations), could you let me know . . . you were saying that the applica- The Speaker: Thank you. tion was not approved. It was not approved at all? Honourable Member Scott, I think we are clear. Let the Minister handle it, please. th Hon. Renee Ming: The letter dated June 26 , the application was not approved. Hon. Renee Ming: Okay. What you asked when you asked me with reference to . . . If you are asking me Hon. Patricia J. Gordon-Pamplin: Second supple- the approval date, it was approved by the Minister of mentary, Mr. Speaker. National Security on July 2nd, 2020.

The Speaker: Second supplementary? Hon. L. Craig Cannonier: So then my supplementary would be then— Hon. Patricia J. Gordon-Pamplin: Yes. Is the Minister . . . by saying the letter with the The Speaker: Your second supplementary. application was not approved, is that saying that the event was held without authorisation? SUPPLEMENTARY

The Speaker: Minister. Hon. L. Craig Cannonier: Was the application made on June 30th the actual application that was approved rd Hon. Renee Ming: No, that is not what I am saying. on July the 3 [sic]?

Bermuda House of Assembly Official Hansard Report 17 July 2020 4429

Hon. Renee Ming: Are you speaking of the approval Hon. Michael H. Dunkley: To the Honourable Minis- on July 2nd? ter: Were any other Cabinet Ministers consulted prior to the approval being given? Hon. L. Craig Cannonier: July 2nd. Was the actual th application made on June 30 the same application The Speaker: Minister. that was approved on July the 2nd (or whatever date you said it was approved)? Hon. Renee Ming: It would be the Ministry of Health.

The Speaker: I think she indicated that the application Ms. Susan E. Jackson: I have a supplementary, Mr. received on the 30th was approved on the 2nd. That is Speaker. the understanding I got from the response. The Speaker: Yes. Hon. Renee Ming: Mr. Speaker, if you will allow me to help the Member. He has a second question that Ms. Susan E. Jackson: What was the reason given needs answering and it may help him with the first in that application for the exemption requested by Blu question. Restaurant?

Hon. L. Craig Cannonier: Okay. We will move on. The Speaker: I think that is actually the second ques- tion from the Opposition Leader. So if you could hold Hon. Michael H. Dunkley: I have a supplementary, that and let the Opposition Leader put his question, Mr. Speaker. then we can get the answer.

The Speaker: Supplementary? QUESTION 2: BLU RESTAURANT LARGE GROUP EXEMPTION APPLICATION Hon. Michael H. Dunkley: Yes. Hon. L. Craig Cannonier: Sure. Thank you, Mr. The Speaker: Put your supplementary. Speaker. What was the reason given for requesting a SUPPLEMENTARIES special large-group exemption?

Hon. Michael H. Dunkley: Yes. Thank you, Mr. The Speaker: Minister. Speaker. Who was involved in the decision-making pro- Hon. Renee Ming: I am sorry? cess to approve the application? Hon. L. Craig Cannonier: It is a simple question. [Pause] rd Hon. Renee Ming: On July 3 , 2020, a follow-up let- An Hon. Member: Mr. Speaker. ter dated July 1st was received via email from MEF/Blu stating that the request for exemption was for charita- Hon. Renee Ming: So you want . . . sorry. ble purposes to raise funds for a charity organisation, Meals on Wheels. [Inaudible interjections] The Speaker: Supplementary? The Speaker: Just for clarification, the question was simply, Who made the decision? Is that it? As simple Hon. L. Craig Cannonier: Thank you, Minister. as it was asked? Mr. Scott Pearman: Supplementary, Mr. Speaker, Hon. Michael H. Dunkley: No, Mr. Speaker. Who MP Pearman. was involved in the decision to approve the applica- tion? The Speaker: Okay, MP Pearman. Supplementary.

Hon. Renee Ming: It would have been the technical SUPPLEMENTARIES officers who vet the application, and then the Minister for National Security. Mr. Scott Pearman: Thank you, Mr. Speaker. Minister, welcome on your first day as a new Hon. Michael H. Dunkley: Thank you. Minister in the House. Second supplementary? My question for you is, you have just stated that there was a follow-up letter received on Wednes- st The Speaker: Continue. day, the 1 of July, from MEF, stating the reason, be- Bermuda House of Assembly 4430 17 July 2020 Official Hansard Report ing charitable purposes. Was the reason stated in that Hon. Renee Ming: No. follow-up letter on the 1st of July different from the original reason given in the letter of the 26th of June? Mr. N. H. Cole Simons: No what?

Hon. Renee Ming: Yes. Hon. Renee Ming: No, they did not make contact.

Mr. Scott Pearman: This is my second supplemen- Mr. N. H. Cole Simons: And do you know if any funds tary. were— What was the reason given in the letter of the 26th of June? The Speaker: Is that a second supplementary now, Mr. Simons? Hon. Renee Ming: It just . . . it was . . . the reason given was for reservation for 130 people. Mr. N. H. Cole Simons: Yes, Mr. Speaker.

[Inaudible interjection] The Speaker: Put your second supplementary.

Hon. Patricia J. Gordon-Pamplin: Supplementary, Mr. N. H. Cole Simons: Do you know if any funds Mr. Speaker, if I may. were paid and accepted by Meals on Wheels?

The Speaker: Yes. Put your supplementary. Hon. Renee Ming: No, I do not.

SUPPLEMENTARY The Speaker: Mr. Cannonier, do you want to do a supplementary? Hon. Patricia J. Gordon-Pamplin: Yes. The Minister has indicated that there was just a general application Hon. Michael H. Dunkley: I have a supplementary, for just a large gathering made on the 1st of July or . . . Mr. Speaker. sorry, received on the 30th of June from a letter of 6/26, just a general gathering with no specific pur- The Speaker: Is that Mr. Dunkley? pose? SUPPLEMENTARIES Hon. Renee Ming: Yes. Hon. Michael H. Dunkley: Yes. Thank you, Mr. Hon. Patricia J. Gordon-Pamplin: That is the first Speaker. part of my question, Mr. Speaker. The question itself Mr. Speaker, to the Honourable Minister: The is, Did the Ministry then request specifics, or did the Government committed to holding an inquiry into this technical officers request specifics, to enable them to matter. Can the Honourable Minister please update on evaluate the request, the application? what the status of the Government inquiry is?

Hon. Renee Ming: Yes. Hon. E. David Burt: Mr. Speaker, if I may.

Mr. N. H. Cole Simons: I have a supplementary. The Speaker: Yes. Go ahead, Premier.

The Speaker: Supplementary? Hon. E. David Burt: Mr. Speaker, the Honourable former Premier, is incorrect. The Government did not Mr. N. H. Cole Simons: I do. Thank you. commit to an inquiry; I committed to an inquiry. And upon my inquiry, we all know what the result, the ac- The Speaker: Mr. Simons? tion, was.

Mr. N. H. Cole Simons: It is, yes. [Laughter]

The Speaker: Go ahead, Mr. Simons. Hon. Michael H. Dunkley: Thank you, Mr. Speaker.

SUPPLEMENTARIES [Crosstalk]

Mr. N. H. Cole Simons: Did the department make Hon. Michael H. Dunkley: I have a supplementary, contact with Meals on Wheels to confirm the event? Mr. Speaker. And if they did, do you know whether to date they re- ceived any funds? The Speaker: You have a second supplementary?

Bermuda House of Assembly Official Hansard Report 17 July 2020 4431

Hon. Michael H. Dunkley: Yes. The Speaker: It is correct if the Minister needed to have assistance. But I think she is moving on okay The Speaker: Put your second supplementary. right now.

Hon. Michael H. Dunkley: Yes, Mr. Speaker. Hon. Michael H. Dunkley: Mr. Speaker— I thank the Premier for my laugh of the day. Mr. Speaker, the Honourable Minister stated [Crosstalk] that the Minister of Health was consulted on this ap- plication. Did the Minister of Health or the Ministry of Hon. Michael H. Dunkley: Mr. Speaker, the rules Health support this application? allow the Minister—

The Speaker: Minister. The Speaker: The rules state, the rules say . . . wait, wait, wait. Hon. Renee Ming: Mr. Speaker, that would be un- The rules state that another Minister can. It known to me. That would have been a conversation does not say that another Minister has to. It says if a with the previous Minister and the Minister of Health. question is put and the Minister wants to yield to an- other Minister, she can. That Minister can. In this Ms. Susan E. Jackson: Mr. Speaker, I have a sup- case, the Minister has not yielded. She provided a plementary. response to the best of her knowledge.

The Speaker: Yes, Opposition Whip. Hon. Michael H. Dunkley: Well, Mr. Speaker, I—

Hon. Michael H. Dunkley: Mr. Speaker. The Speaker: The Standing Order does not call on a second Minister to have to respond. SUPPLEMENTARY Hon. Michael H. Dunkley: Okay, Mr. Speaker. Can I Ms. Susan E. Jackson: Thank you. ask the Honourable Minister to yield to the Minister of Minister, I am just curious whether the tech- Health? nical officers who received the request for the exemp- tion, did they, when they went out, ask or specify that The Speaker: No! a reason had to be given that it was charitable? Hon. Michael H. Dunkley: Okay. Well— [Crosstalk] [Crosstalk] The Speaker: Minister. Did you get the answer there, Minister? The Speaker: It is the option of the Minister or the two Ministers. If the Minister said, I will yield to a second Hon. Renee Ming: I said no. Minister, or if another Minister is prepared to. But it does not require someone to call on that second Min- The Speaker: Oh, okay. Thank you. ister to act. Is there a supplementary? Hon. Michael H. Dunkley: Accepted, Mr. Speaker. Hon. Michael H. Dunkley: Mr. Speaker, back to the But in the spirit of transparency, I would expect that supplementary that I just asked. the Minister would be able to do that.

The Speaker: You had your two supplementaries. The Speaker: The Minister is a new Minister. This is her first day as Minister. She is trying her best to pro- Hon. Michael H. Dunkley: Yes, Mr. Speaker. But the vide the information. And I think if anyone has any rules for Question Period allow for another Minister to other supplementaries, please continue to put them to [answer] a question. So if the Minister of National Se- the Minister. curity is not aware, the Minister of Health can answer the question, Mr. Speaker. Hon. Patricia J. Gordon-Pamplin: Yes. I have a supplementary, Mr. Speaker.

The Speaker: That is quite all right. Hon. L. Craig Cannonier: Mr. Speaker. Hold on a second, Shadow. That is correct. An Hon. Member: Mr. Speaker.

The Speaker: Yes.

Bermuda House of Assembly 4432 17 July 2020 Official Hansard Report

Hon. L. Craig Cannonier: I brought this concern to If the Minister . . . it is the Minister’s call. If the yourself that because we have put in questions and Minister says that she would like to, then she can. we knew that we had new Ministers, I was concerned that they would not be able to answer all the ques- Ms. Susan E. Jackson: Mr. Speaker, I have a sup- tions. And your answer to that was, Well, Standing plementary. Orders allow for other Ministers to be able to answer those questions. That was your answer to me. The Speaker: Yes. Put your supplementary, please, And so now that we have a Minister who has Opposition Whip. just been appointed unable to answer a question, we should be allowed to be able to ask any other Minister SUPPLEMENTARIES who is involved to be able to answer our question. That was your ruling to me! Ms. Susan E. Jackson: Yes. Was the Ministry of Health in agreement with this application for exemp- An Hon. Member: Hear, hear! tion?

The Speaker: I did indicate that in light of the fact that The Speaker: Minister. we had an Acting Minister at the time that you submit- ted your question that if the Acting Minister felt that Hon. Renee Ming: Mr. Speaker, my response would they needed to yield to or get assistance from any actually be the same. I would not know that because it other Minister, the Standing Orders allow for it. would have been a conversation with the previous Minister and the Minister of Health. [Inaudible interjection] Ms. Susan E. Jackson: Supplementary, then. The Speaker: In this case, the new Minister is doing her best to answer the questions. The Speaker: Yes. She has not yielded, or asked for, or sought that assistance yet. If she seeks that assistance, then Ms. Susan E. Jackson: Will the Minister of National it can be done. But she does not have to seek the as- Security then allow the Minister of Health to answer sistance at the request of the persons asking the the question whether they were in agreement with the question. But the rules are there to allow it. If another exemption? Minister wishes to respond or is asked to respond by the Minister, they can do it. The Speaker: I think you are taking it back to the se- ries of comments that were starting this conversation. [Crosstalk] An Hon. Member: Because it makes sense! The Speaker: [INAUDIBLE] then they would not be able to do it. But it is not a request by the person ask- The Speaker: It is not a request. It is if the Minister ing the questions to say, Well, I want Minister A to . . . if the Minister is prepared to yield. answer because Minister B did not give the answer that I liked. SUPPLEMENTARY

Hon. L. Craig Cannonier: Mr. Speaker, I raised the Hon. Patricia J. Gordon-Pamplin: I have a supple- concern. I heard your answer very clearly. And what I mentary question, Mr. Speaker, which might help to am hearing today does not match up to what you were put us back on track. meting out as your judgment on this case here. Not at The Honourable Minister just indicated that all. Not even close. this was a conversation between two Ministers, be- tween the Minister of National Security and the Minis- The Speaker: Well, it may have been misinterpreted. ter of Health. Is the Minister suggesting that substan- What I was trying to say to you was purely that the tive decisions are not reduced to writing so that she rules allow for other Ministers to answer if the Minister does not have the capacity to go back and look at the had yielded to calling for the other Minister to assist. written content of the exchange of requests and re- We have not had that. We have not had that. So we sponses? will continue on with the Minister providing the an- swers. The Speaker: Minister.

Hon. Jeanne J. Atherden: Mr. Speaker, am I able to Hon. Renee Ming: Mr. Speaker, just looking through ask the Minister if she will yield to the Health Minister? what I have here, the Act actually only requires the Minister of National Security to consult with the Minis- The Speaker: No! ter of Health. Bermuda House of Assembly Official Hansard Report 17 July 2020 4433

Hon. Michael H. Dunkley: Mr. Speaker, that is all we SPEAKER’S RULING are asking is, What was the result of the consultation? [Standing Order 17(1)(b)] It has got to be there, Mr. Speaker. All of this, [if] we can answer the question, we can move on. If the The Speaker: And just to restate it so it is clear, under question is not answered, it seems like there is some- the Standing Order 17, in reference to questions, thing that is underneath the surface and we will con- 17(1)(b), and I will read it again because I have said it tinue to ask questions. without reading it all this time. I said it from memory. But I am going to read it so you all understand it clear- Hon. Jeanne J. Atherden: Can I ask a supplemen- ly: “Questions addressed to one Minister may be an- tary then? swered by another Minister or by a Junior Minister.” And the key word is “may.” This is not a request by [No audible reply] the floor to ask for another Minister to assist.

Hon. Jeanne J. Atherden: A supplementary then, Mr. Hon. Michael H. Dunkley: Yes, Mr. Speaker. That is Speaker? very clear. I think we understand that. But if the Gov- ernment wants to be open and transparent, the Minis- Ms. Susan E. Jackson: He has gone on mute. ter of Health is on the call. She can easily answer. Thank you, Mr. Speaker. [Pause] The Speaker: Mr. Dunkley. I have made my ruling. [Inaudible interjection] Now let us be clear about that.

The Speaker: Just restate that, please. Hon. Michael H. Dunkley: Yes, Mr. Speaker. I re- spect the ruling, too. Just pointing out something else. Hon. Jeanne J. Atherden: This is MP Atherden. Can I respect the ruling. I ask a supplementary? The Speaker: Thank you. No need to point it out. The Speaker: Yes, you can ask a supplementary. Hon. Patricia J. Gordon-Pamplin: Do we have a SUPPLEMENTARY third question, Mr. Speaker? Or do we have a sup- plementary on the table? Hon. Jeanne J. Atherden: Okay. Is the now Minister of National Security able The Speaker: The Opposition Leader asked his ques- to ask whether the former Acting Minister of National tion, and he never quite brought up supplements. Eve- Security, who would have been the person who was rybody else put in supplements. there while it happened, would he be prepared to an- So, Opposition Leader, do you have a sup- swer the question? plementary? If not, we can move on to the questions on Statements this morning. The Speaker: Well, there you go even further against the Standing Orders. SUPPLEMENTARIES Questions that are asked to one Minister may be answered by another Minister or a Junior Minister. Hon. L. Craig Cannonier: I am sure that there proba- The former Minister is no longer either a Minister or a bly . . . I do have supplementaries. But there are oth- Junior Minister. So if the former Minister was a Minis- ers who may have some supplementaries as well. ter in another capacity, they could respond. But they Considering that supplementary question, Mr. are no longer a Minister or a Junior Minister in any Speaker, considering the restaurant put in the applica- capacity. tion, can the Honourable Minister explain the process of determining what is an exceptional circumstance? Hon. Jeanne J. Atherden: Mr. Speaker, they are in the sense that the question was put to the Minister— The Speaker: Minister.

The Speaker: No, no, no, no. No, no, no, no, no. No. Hon. Renee Ming: Yes, I am here, Mr. Speaker. Just No. They are no longer a Minister, clear, end of the looking through my paperwork. Hold on one second. day. They are no longer a Minister. [Pause] [Inaudible interjection] Hon. Renee Ming: Mr. Speaker.

The Speaker: Yes, Minister. Bermuda House of Assembly 4434 17 July 2020 Official Hansard Report

Hon. Renee Ming: Okay. The exceptional circum- Hon. Renee Ming: Let me just say, can you repeat stances are actually at the Minister’s discretion. They that, Ms. Atherden? You just said, is what was unusu- can be approved at the Minister’s discretion. al, and then you kind of went out.

The Speaker: Thank you. Thank you. Hon. Jeanne J. Atherden: Okay. So you indicated Do you have another supplementary? that MEF applied for an exemption for the 150 [sic] dinner reservations, for 130. You did not indicate that Hon. L. Craig Cannonier: Second supplementary. they told you why they needed it, what the charity was. But yet, the application in the paper listed the The Speaker: Yes. charity. Was it in the original MEF application? And if not, why was it in the gazetting of the application? Hon. L. Craig Cannonier: Yes. Does the Minister consider it unusual for the restaurant to be applying The Speaker: I think some of that has been answered for an exceptional circumstance when they were not earlier in questions. She did say the application was the ones hosting this dinner? received on the 26th or the letter that was written on the 26th, received on the 30th, did not indicate the The Speaker: Minister. charity. It just indicated a request for an exemption, my word. Hon. Renee Ming: I am sorry. What was the question in that? Hon. Jeanne J. Atherden: Well, that is why . . . And I thought that is what I heard. But then that is why my The Speaker: Could you restate your question, Op- question was, Why then in the gazetting of the appli- position Leader? cation was a charity listed if it was not in the applica- tion? Hon. L. Craig Cannonier: Yes. Would the Minister consider it unusual that the restaurant, that is basically The Speaker: Because then she had stated that there serving dinner and drinks, would the Honourable Min- was a letter that came in on— ister consider it unusual that they applied for this ex- ceptional circumstance licence as opposed to the host [Crosstalk] of the dinner? nd The Speaker: —the 2 of July that indicated that it The Speaker: Minister. was for a charitable event.

Hon. Renee Ming: I will answer this one, Mr. Can- Hon. Jeanne J. Atherden: So then there was another nonier, to the best of my ability. But no, because they application on July 2nd? would have needed to ensure that the health precau- tions were followed on behalf of the restaurant. Hon. Renee Ming: Mr. Speaker, would you like? I can answer that. The Speaker: Thank you. The Speaker: Yes, go ahead. Hon. Jeanne J. Atherden: I have a supplementary. Hon. Renee Ming: There was one letter dated th The Speaker: Supplementary? June 26 , and there was a second letter—and I am just referring to Mr. Cannonier’s second question— st SUPPLEMENTARY dated July 1 . And that letter speaks to the charity.

Hon. Jeanne J. Atherden: Yes. Hon. Jeanne J. Atherden: Okay. Thank you. Madam Minister, could you indicate to me, based on what you have said in terms of how the ap- Ms. Leah K. Scott: I have a supplementary, Mr. plication came in, is it unusual when the application is Speaker, please. actually gazetted for the charity to be actually listed if it was not in the application, the original application The Speaker: Honourable the Deputy Opposition from MEF? Leader. Go right ahead, Madam.

The Speaker: Thank you. SUPPLEMENTARY Minister. [Disallowed]

Ms. Leah K. Scott: Thank you, Mr. Speaker.

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Mr. Speaker, can the Minister provide what We will move on to questions for Statements. the detailed investigation conducted by the Ministry of The first Statement this morning was by the Premier in Health entailed that led her to draw to the conclusion reference to the updating on gaming. that Blu needed to be closed for 14 days? And, Honourable Premier, you have two Members who wish to ask questions of you today. The The Speaker: Member, let me. That is outside of the first is from the MP Dunkley. scope of the original question. Now, the original ques- MP, would you like to put your question? tion was around the granting of the licence prior to the event. And the question you are asking is speaking to QUESTION 1: UPDATE ON GAMING events that have taken place after the event. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Ms. Leah K. Scott: Okay. Thank you. In the . . . in regard to [the Statement given by the] Honourable Premier, the Honourable Premier The Speaker: It is a question, but not for this time. states that, on page 2, the Government has made You can put it at another time for another occasion, significant progress and they have agreed to support but not for this occasion. cashless casino gaming. So, Mr. Speaker, just to be clear, that means that no gamer, no one who wants to Ms. Leah K. Scott: Okay. Thank you, Mr. Speaker. partake in gaming will be allowed to enter a casino and purchase with cash chips to gamble. Hon. Patricia J. Gordon-Pamplin: I have a supple- mentary, Mr. Speaker. The Speaker: Premier.

The Speaker: Supplementary? Hon. E. David Burt: Mr. Speaker, I thank the Hon- ourable Member for his question. I am happy to try to SUPPLEMENTARY get back with the exact specifics on the outlines of what cashless gaming would look like. But I would Hon. Patricia J. Gordon-Pamplin: Yes, please, sir. assume that there would be no cash at some portion The Minister has indicated that the charity throughout. That would be my assumption as it is the itself was not informed prior to. But would the charity nature of cashless gaming. I am sure at some point in have been informed subsequent to the letter coming time, there needs to be money exchanged. But we into the Ministry? know that we have, I would say, very stringent anti- money laundering regulations. I know that the Casino Hon. Renee Ming: Mr. Speaker, first of all, I did not Gaming Commission has recently refilled the position indicate that the charity was not informed. I said the of the anti-money laundering advisor so that they can charity was not mentioned in the first letter and it was continue to give advice to the commission and also mentioned in the second letter. advice to prospective operators. So I would say that at some point in time, Hon. Patricia J. Gordon-Pamplin: Okay. I apologise. clearly money must enter. But it is a cashless gaming I misunderstood. Thank you for the clarity, Minister. operation. So I would say that you have one place to put cash in, so we know where the cash is, and one The Speaker: Any further supplementaries? place to take cash out so that there is not exchange of No further supplementaries. We can move on cash that could happen and which could give rise to to the questions on Statements today. money-laundering risk. But in regard to the specific question of which he is asking, I can try to undertake [Inaudible interjection] the specific details.

The Speaker: I beg your pardon? Hon. Michael H. Dunkley: Supplementary, Mr. Speaker. Hon. Patricia J. Gordon-Pamplin: Was that the third question by the Opposition Leader? The Speaker: A supplementary, yes.

The Speaker: He only had two questions on this one. SUPPLEMENTARIES

Hon. Patricia J. Gordon-Pamplin: Oh, all right. Hon. Michael H. Dunkley: Yes. In casino opera- Thank you, sir. tions—and I am not a gaming expert, but I have been into a few casinos—if you are using cash, you go in, The Speaker: We could note that. Okay. you buy chips. No more cash is used until you leave and, hopefully, can cash out and get—with the chips you have left, get your cash back. So where else Bermuda House of Assembly 4436 17 July 2020 Official Hansard Report would the Honourable Premier think that cash would Hon. E. David Burt: I can undertake to get the Hon- be used in a gaming system? ourable Member a response. What I would say is to look at it from this place: The place where is the mon- Hon. E. David Burt: Well, he is clearly no gaming ey-laundering risk is where there is cash inside. If an expert, Mr. Speaker. And I can tell you that if you go individual who is getting cash, or I would say is getting to any casino, you can throw your cash on the table, chips, electronic gaming chips, gets those chips with the craps table, at the roulette table, you put your cash, credit card, bank transfer, et cetera, it is under- cash in the machine at the slot machines, et cetera. stood where that individual is, where that money is So when there are casinos that have a lot of cash, coming from. That information is then part of any sys- those are different places where cash can be ex- tem which can balance any money-laundering con- changed. An individual can throw $1,000 on a table, trols that would exist. get $1,000 in chips, bet $10 and then go to another I can get the specifics in regard to charges place, give it to someone else, they can take all the which may or may not be applied. But I think that this rest. would be at the level of the operators and things that Casinos in that arena where there is a signifi- will be going forward. And I think that might be a little cant amount of cash give rise to money-laundering bit too far into the future as where we are. But in an risk. If you have a completely cashless system, that overall system, it is a cashless gaming thing to mini- means that persons cannot go back in their pocket mise money-laundering today. and pull out cash as they do in other places, get chips directly at the table. That is the overall view of cash- Hon. Patricia J. Gordon-Pamplin: I have a supple- less gaming. And that reduces the money-laundering mentary. risk where there are multiple places where cash can be exchanged. So my assumption is clearly, at some The Speaker: You have a supplementary? Yes. point in time money has to come from either an ac- count and/or cash to be exchanged into the cashless SUPPLEMENTARY gaming chips, as they would say, and then only be able to come out. In that case, the transactions can be Hon. Patricia J. Gordon-Pamplin: Yes, sir. fully recorded and can be fully audited to minimise any Mr. Speaker, the Premier’s response was ef- money-laundering risk, which is very high when you fectively predicated upon supposition. He said at the have so much volume of cash inside of those sys- outset that he does not know much about it. Does the tems. Premier not believe that it would have been more pru- dent to determine what the construct of the cashless Hon. Patricia J. Gordon-Pamplin: Supplementary, gaming system was in delivering his Ministerial Mr. Speaker. Statement so that we could be better informed as op- posed to having to pull information out of him as pull- Hon. Michael H. Dunkley: No, I have a further ques- ing hens’ teeth? tion on that, Mr. Speaker. Hon. E. David Burt: Mr. Speaker, I will say this. The Speaker: Okay. Put your question. There are people who have expertise in gaming, and there are people who do not have expertise in gam- Hon. Patricia J. Gordon-Pamplin: Supplementary, ing. If anyone wants to go online and google “cashless Michael, or another question? gaming,” they can. I did not in any way, shape or form think that I would have to explain cashless gaming to Hon. Michael H. Dunkley: No. Supplementary on Honourable Members. that. So allow me to say this. The specific question of which was asked I have answered to the best of my Hon. Patricia J. Gordon-Pamplin: Okay. ability. What I will say is, on a broad level and scale, when it comes to cashless gaming you do not have Hon. Michael H. Dunkley: I appreciate the response cash inside of a casino, to minimise the money- from the Honourable Premier and––until we all agree laundering risk that may arise. on the need to limit cash within the operation. If the Premier can get back to me on if cash will still be able The Speaker: Thank you. to be exchanged to purchase chips when you go into the system to game. And if that is not the case, will Mr. Scott Pearman: Supplementary, Mr. Speaker. there be a fee once you charge it on whatever card that you have to charge it on? The Speaker: Who is that?

The Speaker: Premier. Mr. Scott Pearman: MP Pearman.

Bermuda House of Assembly Official Hansard Report 17 July 2020 4437

The Speaker: Mr. Pearman. MP Pearman? Commission in 2015, the challenges that have been faced that are preventing the development of casino Mr. Scott Pearman: Yes. gaming in Bermuda are the ability to bank proceeds. The only mention of cashless gaming in my The Speaker: Yes. Statement was in regard to getting past the corre- spondent banking issue and basically stating that SUPPLEMENTARY cashless gaming is going to be used to get past the money-laundering risk. I am not asking Honourable Mr. Scott Pearman: Thank you, Mr. Speaker. Members to approve anything. I am giving a State- Honourable Premier, it was not clear from ment that is outlining where we are in gaming, which your answer. Are you suggesting that you have exper- was asked by Honourable Members last week. tise in gaming? I am happy to arrange a briefing at the Ber- muda Casino Gaming Commission for Members of Hon. E. David Burt: I can tell you that I have gamed the Opposition where they can have their questions from time to time. So absolutely I can tell you about a answered. There is no need to attempt to hide some- craps table and a blackjack table. Absolutely I can, thing, Mr. Speaker. I gave a Ministerial Statement on Mr. Pearman. And maybe one day when there are the Government’s policy on gaming to provide an up- casinos open, we might be able to play poker as well. date to the country on where we stand. And so I am happy to make any technical officers available so they Hon. Michael H. Dunkley: Question, Mr. Speaker. can explain whatever Honourable Members wish to find out. The Speaker: I have to be quiet on this series of ex- change because I am not an expert at all. Never been Hon. Michael H. Dunkley: Question, Mr. Speaker. one. The Speaker: Second question. Hon. Patricia J. Gordon-Pamplin: Second supple- mentary, Mr. Speaker. QUESTION 2: UPDATE ON GAMING

The Speaker: Who would also like to ask a supple- Hon. Michael H. Dunkley: Yes, Mr. Speaker. mentary? Mr. Speaker, on the second page, the Hon- ourable Premier gives an update on the chief execu- Hon. Michael H. Dunkley: I have a question, Mr. tive recruitment. And the Honourable Premier says Speaker. that the commission engaged the services of Pricewa- terhouseCoopers [PwC] executive search team in Hon. Patricia J. Gordon-Pamplin: I have a question. January of this year. Can the Honourable Premier give the details Hon. Michael H. Dunkley: Go ahead. on the arrangements and the cost to retain PwC for this engagement? SUPPLEMENTARY The Speaker: Premier? Hon. Patricia J. Gordon-Pamplin: If the Premier would be good enough to come back with a statement Hon. E. David Burt: I do not have that information, to give us some indication about the construct of but I will seek to get it. cashless gaming. It is one thing to say, Go google it. But the Premier is asking us to approve and to em- The Speaker: Thank you. brace a mechanism for which we have little infor- No supplementaries. We can move on to the mation in the House of Assembly. We should not be second Member who has a question. required to go outside of the House in order to be able Premier, the second Member who has a ques- to supplement the information that he has given us. tion for you is the Deputy Opposition Leader. Will the Premier undertake to give us some- Honourable Member, would you like to put thing that is a little bit more comprehensive and ex- your question? planatory so that Members of the House are familiar with what it is when he mentions the words “cashless QUESTION 1: UPDATE ON GAMING gaming”? Ms. Leah K. Scott: Thank you, Mr. Speaker. Hon. E. David Burt: Mr. Speaker, I gave a Ministerial Premier, thank you for your Statement on Statement where I gave an outline of challenges of gaming. I have a question. I am sure that you will be which are faced. We all know that despite the setting able to answer it. Can you provide us—you said that up under the former Government of a Casino Gaming there is a potential candidate who may be in place by Bermuda House of Assembly 4438 17 July 2020 Official Hansard Report the end of the year. Are you able to provide an over- well aware of what is necessary and required of them view of that potential candidate’s skills in terms of ex- in regards to the training that needs to be provided so perience, education and jurisdictional expertise, and that we can get that up and running. And that has his fit for Bermuda, please? been laid out. And so, as we move closer to the pos- sibility of casinos opening in Bermuda, those things Hon. E. David Burt: Thank you. I do not know wheth- will progress. er it is a he or a she. And I am not aware of those specific details. I can undertake to find them out. I try Ms. Leah K. Scott: Then I have one more question, not to involve myself in the operational matters and Mr. Speaker. hiring matters of commissions which are quasi- independent. The Speaker: One more question? Yes. We have got about a minute left on the clock, or so. Go ahead. Ms. Leah K. Scott: Fair comment, but I appreciate the undertaking. Second question, Mr. Speaker, QUESTION 2: UPDATE ON GAMING please. Ms. Leah K. Scott: Okay. The name is being The Speaker: Yes. changed to the Bermuda Gaming Commission to cov- er a broad remit; I believe that is what the Premier QUESTION 2: UPDATE ON GAMING stated. So in the current legislation, cashless wager- ing currently exists in the legislation. But what other Ms. Leah K. Scott: Since grant funding was not pro- forms of gaming are envisaged, or what does that vided for the commission in the budget this year, is broader remit encompass? the premise that the $1.2 million that has not been spent is going to be used for training and education? The Speaker: Premier.

The Speaker: Premier. Hon. E. David Burt: Those would be the things inside of my Statement, Mr. Speaker. Whether it be lotteries, Hon. E. David Burt: Thank you, Mr. Speaker. cruise ship gaming, betting in licensed establishments I would say that the money that has not been in Bermuda, Crown and Anchor as well. spent will be used to cover the operations of the Gam- ing Authority. In addition to that, when there is the The Speaker: Thank you. transfer of responsibilities, there will also be funds that will accrue to the Gaming Authority from betting li- Ms. Leah K. Scott: Thank you, Mr. Speaker. Thank cences, betting taxes and other such things which are you, Premier. paid, which will be able to provide additional income to the commission. And they will have to be able to The Speaker: Okay. It is now 12:25. We started at manage their expenses and revenues accordingly. 11:26. We have got less than a minute. The next question, if someone can get it in, Ms. Leah K. Scott: Thank you, Premier. will be for Minister Burch. Minister Burch, you had a Supplemental question then. question from MP Gordon-Pamplin.

The Speaker: Yes. Put your supplementary. QUESTION 1: ADDRESSING ILLEGAL FORESHORE ENCROACHMENTS SUPPLEMENTARY Hon. Patricia J. Gordon-Pamplin: Yes. Thank you, Ms. Leah K. Scott: Since we are looking at providing Mr. Speaker. jobs and training, where would the money come from Mr. Speaker, very simply to the Minister: Is for that? the Minister concerned that the significant variance between the department’s estimate and the low bid Hon. E. David Burt: As indicated inside of my State- that was accepted for that demolishing actually starts ment, some of the matters in regard to training are not to create doubt about the ability for effective assess- specifically coming from the Government itself. It is ment of the cost for works that are put out to bid? coming from the operators, who are the ones who are going to want to go ahead and get these things start- The Speaker: And, Minister, unless you have a quick ed. So it is a cooperative enterprise. It is not solely the answer, then we are going to bring this to a close. responsibility of the Casino Gaming Commission. As was indicated in my Statement, the rea- Lt. Col. Hon. David A. Burch: I have a quick answer. sons why the change in fees will not affect that is be- cause casino operators and potential operators are The Speaker: Sure. Bermuda House of Assembly Official Hansard Report 17 July 2020 4439

Lt. Col. Hon. David A. Burch: No, I am not. I will take well wishes to Ms. Jean Marie Symonds of Rocklands the discount for the taxpayers. Road, and hope she has many more happy birthdays. And, Mr. Speaker, with that I thank you for the [Laughter] opportunity. Thank you.

The Speaker: Okay. Members, Members, it is now The Speaker: Yes. I heard that as I was driving in this 12:26. We started at 11:26. That is our 60 minutes of morning. It was all over the radio. questions this morning. I thank you for your participa- Would anyone else like to speak on congratu- tion in Question Period. We will now move on. lations or condolences this morning?

CONGRATULATORY AND/OR Hon. Diallo V. S. Rabain: Mr. Speaker. Mr. Speaker. OBITUARY SPEECHES The Speaker: Yes. The Speaker: And I believe that MP Tyrrell had indi- cated to me that he wanted to speak, if he is still here, Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. I because he was going off to a meeting. would like to add my— Mr. Tyrrell, have you left for your meeting? The Speaker: This looks like Rabain, [MP] Rabain. An Hon. Member: It is Minister Tyrrell, Mr. Speaker. Hon. Diallo V. S. Rabain: I would like to add my con- The Speaker: I mean Minister Tyrrell, sorry. I am sor- gratulations to Minister Tyrrell— ry. Has he stepped off to his meeting already? [Feedback] Hon. Neville S. Tyrrell: No, I have not, Mr. Speaker. The Speaker: Minister Tyrrell, your microphone may The Speaker: Minister! Congratulations. Minister, I still be on. will let you start. As your first day as Minister, you can start us off on the congratulatory and/or obituary Hon. Diallo V. S. Rabain: No, he is muted. He is speeches. muted.

Yes. Okay. Hon. Neville S. Tyrrell: Thank you very much, Mr. The Speaker: Speaker, and good morning, colleagues. Mr. Speaker, this is an important day for me, Hon. Diallo V. S. Rabain: Now he is unmuted. so I hope I do not get accused of taking any liberties. But anyway, Mr. Speaker, I would also like to But I will certainly be guided by you. Mr. Speaker, offer congratulations to Bermuda Cricket Board [BCB] many of my honourable colleagues in the House have for a successful implementation of cricket this past the privilege of living in the constituency that they rep- weekend as we come out of our COVID-19 restriction. resent. And this gives Honourable Members, of I happened to attend the match at St. George’s, and I course, an opportunity to bond daily with their working want to say for the most part people were well- teams. behaved, wearing their masks, sitting in their groups Well, Mr. Speaker, I am one such privileged as specified. And I hope––and I had a meeting with MP. I live in my constituency. And, Mr. Speaker, I will them early in the week to actually let them know that I probably say that I know I have the best constituency was pleased and to give some tips on how we can working team. And— move forward possibly to even expanding it even more. The Speaker: Do you have a good representative? But, Mr. Speaker, I think it is worthwhile that as we sit in our—as we are coming out of our COVID- Hon. Neville S. Tyrrell: Oh, they do. Do not worry, 19 restrictions, that we can get things right and we Mr. Speaker. They do. can do things properly and can continue to do what needs to be done and still have things like cricket The Speaker: I said do you? Do you have a good open, and maintain our discipline over that. So con- one? gratulations to BCB, and I am hoping to see them build upon what they learned this previous weekend [Laughter] as we have this weekend coming up for cricket match. Thank you, Mr. Speaker. Hon. Neville S. Tyrrell: Oh, of course. Mr. Speaker, as I said, I wish to acknowledge The Speaker: Thank you, Minister. one of those hardworking team members of mine, Yes? who actually has a birthday today. So I wish to send Bermuda House of Assembly 4440 17 July 2020 Official Hansard Report

Hon. Lovitta F. Foggo: Minister Foggo. liament. Mr. Tyrrell has represented Bermuda in Ber- muda football, race relations, the transport board. He The Speaker: Yes, Minister. has worked at Cable & Wireless and Colonial Pen- sions. So he is well rounded and well positioned to Hon. Lovitta F. Foggo: Yes. I would like to be asso- handle all what is coming his way as the Minister of ciated with the remarks coming from Minister Diallo Transport. Rabain in terms of congratulating cricket. I had oppor- So I just want to take a moment to congratu- tunity to work with that organisation and help advance late them and say to all MPs that if you need an ex- the models that they have put in place in order to gain ample of what it means to be truly involved in your permission to play cricket. communities, look no further than those two MPs. Oh, I also, clad in my blue-and-blue, had the privi- and they are both for St. George’s. Thank you. lege of delivering the first cricket ball in the league cricket. And we will not say how that ball was deliv- The Speaker: You had everybody on a good foot until ered; but nonetheless, it was— you said that. Thank you, Member. Would any other Member wish to speak? The Speaker: Big six I have thrown in the field. Mr. Dennis Lister III: Mr. Speaker. [Laughter] The Speaker: Yes. Hon. Lovitta F. Foggo: Also, Mr. Speaker, I would like to give congratulatory remarks to—and everybody Mr. Dennis Lister III: Good morning, Mr. Speaker. knows this name, and I will associate everybody— Stephen Dickinson and young Ms. Joanna Santiago, The Speaker: Sounds like a Somerset fella. who won the sailing on the weekend pass. And the events that took place with the Mini-Yacht Club went Mr. Dennis Lister III: Yes. Yes. Good morning to the over extremely well, all under social distancing. And listening audience. Good morning to my fellow col- so it was another good event to see in the realm of leagues. sports, where sports players are adhering to the social Mr. Speaker, I would like to also just associate distancing and the regulations surrounding that, but at myself with the comments made to congratulate Min- the same time are able to put on their events to enter- ister Ming and Minister Tyrrell on their appointments. tain the watching and viewing public. Mr. Speaker, as has been stated, MP Ming and her Thank you, Mr. Speaker. That is it. coming from Robin Hood corner, but she is also a work colleague of mine also. So it is good to see that The Speaker: Thank you, Minister. we also are being promoted as work colleagues, but Would any other Member wish to speak? also not just from Robin Hood corner, but also in the House of Parliament. Mr. Christopher Famous: Mr. Speaker. Mr. Speaker, I would also like to send con- gratulations to a young Mr. Bakari Simons, a constitu- The Speaker: It sounds like Mr. Famous? ent of mine, who recently graduated from the Universi- ty College of Osteopathy. And that is the study of a Mr. Christopher Famous: Yes. Good morning, Mr. medicine that (let me get it correct), a study of a type Speaker. Good morning, colleagues. of alternative medicine that emphasises physical ma- Fortunately, I have no condolences to bring nipulation of muscle tissue and bones. And just a today. But I want to take a moment to congratulate quick note: Practitioners of osteopathy are referred to Minister Renee Ming and Minister Neville Tyrrell. I as osteopaths, which comes from the Greek words for congratulate them on behalf of the Robin Hood cor- bone and sensitive to. So he studies bones and mus- ner. I see our Member Dennis Lister III smiling. His cles. But also, Mr. Speaker, he will actually go down in turn is coming. No, seriously, Mr. Speaker, these are history as the first Bermudian to graduate with this two individuals who understand what it means to rep- degree in osteopathy. So definitely would like to send resent their communities, not just as a politician, but those congratulations to young Mr. Bakari Simons. as a member of the constituencies in which they live. Thank you, Mr. Speaker. Minister Ming has [been] tireless [in her] ef- forts in promoting St. George’s, East End Prep, St. The Speaker: Thank you, MP Lister. George’s Cricket Club and as we heard two weeks Does any other Member wish to speak? ago, the un-apology—lack of apology for being a proud woman. She exemplifies all that Bermuda Hon. Trevor G. Moniz: Mr. Speaker. needs from women leaders. Moving on to MP, now Minister, Tyrrell, my The Speaker: Yes. It sounds like MP Moniz. cousin (nepotism included), senior pond dog in Par- Bermuda House of Assembly Official Hansard Report 17 July 2020 4441

Hon. Trevor G. Moniz: Thank you. Thank you, Mr. in which they have been intimately and integrally in- Speaker. volved will certainly be continued as we await new appointments to replace them. The Speaker: Yes. And in particular, a special, given the speech that was given by Minister Ming on the motion to ad- Hon. Trevor G. Moniz: Thank you. I join in today to journ two weeks ago on which we actually spoke [IN- ask for the House to send congratulations to the sub- AUDIBLE], I would like to offer her my congratula- ject of a recent article in the Royal Gazette Lifestyle tions. section to Ms. Honor Brady, who works for Transport Mr. Speaker, I would also ask that the Hon- for London. And she was highlighted, I believe yester- ourable House send condolences to Mrs. Barbara day, in the paper. She qualified it with a Master’s De- Faries, of Tanglewood, whose husband passed away gree in Civil Engineering around 2012 from the Uni- the early part of this week, as a matter of fact maybe versity College, London. And she then went to work just two days ago, when she was able to send me a for Transport for London, originally as a traffic control note to let me know that he had passed away. If ever engineer. And since that time, she has received her there was a time, Mr. Speaker, that you go into a accreditation as a chartered engineer, and she re- home and you know that you were kind of a favourite ceived a promotion to a traffic design engineer. person of the homeowners, that would have been one And this is the example that we want to set occasion. So, Mr. Faries had been struggling with ill here in Bermuda for women in science and technical health for probably two years. But during that period of fields. This shows an amazing achievement in the time he never lost his spirit. So, you know, it was al- field of engineering, [which] in the past [was] quite ways a pleasure to go by and visit with him. unusual for a woman. And it is good to see that she is So as his wife, his beloved bride, Barbara, a trailblazer in this area in setting a wonderful exam- struggles with the loss of her husband, Mr. Faries, ple for women and girls in Bermuda. And I would just who was in his 90s—he was 94 years old. He was in like to ask to send her our congratulations on her his 95th year. So he had relatively good innings. But achievements. that does not diminish the effects that his widow will Thank you, Mr. Speaker. feel. And I would certainly ask that this House join me in sending condolences to that family on John Faries’s The Speaker: Thank you, MP Moniz. death, and to Barbara Faries, his succeeding widow— Does any other Member wish to speak? his widow. Thank you, Mr. Speaker. Hon. Patricia J. Gordon-Pamplin: Mr. Speaker. I do, Mr. Speaker. The Speaker: Thank you, Honourable Member. Does any other Honourable Member wish to The Speaker: Yes. Go right ahead, Honourable speak? Member. Lt. Col. Hon. David A. Burch: Mr. Speaker. Hon. Patricia J. Gordon-Pamplin: Thank you. Thank you, Mr. Speaker. The Speaker: It sounds like Minister Burch.

The Speaker: Let me just remind Members to please Lt. Col. Hon. David A. Burch: Yes, it is. turn on their videos when you speak. The Speaker: Go right ahead, Minister. Hon. Patricia J. Gordon-Pamplin: Yes, sir. Yes, sir. Thank you, Mr. Speaker. Lt. Col. Hon. David A. Burch: Thank you. Mr. Speaker, I would like to join in the con- I would be associated with the congratulations gratulations that have been extended thus far to both to the two new Ministers. I should give them my con- Minister Tyrrell and Minister Ming. And say, Mr. dolences, too, because I told one of them they have Speaker, that sometimes promotions and ascensions got a lot of work to do. are bittersweet because in their being elevated to this level of Cabinet Ministers, they have completely deci- [Laughter] mated my Public Accounts Committee. Lt. Col. Hon. David A. Burch: But in any case, Mr. [Laughter] Speaker, I would ask that condolences be sent to the family of Kevin Leon Eugene “World” Lapsley. He Hon. Patricia J. Gordon-Pamplin: So I would just worked at Marsh Folly collecting waste for 11 years like to give them my [INAUDIBLE] for the service that for the Ministry and was a fixture there long before he they have provided as formidable members of the came to the Ministry. He worked at Gosling’s some PAC (committee), and I can assure them that the work years ago, and he would turn up at Marsh Folly every Bermuda House of Assembly 4442 17 July 2020 Official Hansard Report day, literally every day, asking if there was any work I am uncertain if it has been done already, there. Eventually in 2009 he was . . . he was able to and I am sure that I am associating myself with the secure employment there and really was a fixture. condolences of which may [have been] offered cer- And every member of the team there was tainly, with the condolences to the family of iconic shaken by his sudden passing. We have a tradition Bermudian actor, Mr. Earl Cameron, CBE. His life and now in the Ministry, Mr. Speaker, where we actually legacy tell the story certainly of a Bermudian who go to wherever one of our workers work and have a broke barriers and did not allow humble beginnings to session with the team. And every member of the team confine his life’s path. And although we mourn Mr. at Marsh Folly had something, some personal experi- Cameron’s passing, I know that all of Bermuda joins ence to relay about him. And so they devised a plan to me in celebrating his long and remarkable life. We pay tribute to him by offering to the family to escort the extend our sincerest condolences to his wife, children hearse to the graveyard. I mean, and so in that, Mr. and family. And I am certain that he will rest in peace, Speaker, it was quite amazing. The PS [Permanent with the memory of all that was achieved and the Secretary] and I attended at Marsh Folly because the ground-breaking life which happened from the place, family agreed to drive from Somerset with the hearse his humble beginnings in North Hamilton, or the Back and family and be escorted back to Somerset by his o’ Town. colleagues. It was quite touching, Mr. Speaker. Mr. Speaker, I would also like to extend my And apparently, I learned also that we have condolences to the family and friends of Mr. Amon quite a star singer at Marsh Folly, who is known to a Brown, who tragically lost his life during an incident whole lot of folks, but he was not known to me. And so that took place earlier this month. He will certainly be he had his first go at what he was going to sing at the a huge miss to his family and friends, and I pray that graveyard at Marsh Folly while we were waiting for they find peace and comfort during what must be an them. And the PS and I just stood there in amaze- incredibly difficult time of mourning. ment. He really has some talent. And that was Ali Mr. Speaker, last week I was honoured to at- Smith. tend the 39th Annual Sports Awards, or participate in Mr. Speaker, I asked the workers why they the virtual sports awards hosted by the Department of called him “World.” You know, we Bermudians have a Youth, Sport and Recreation, and to present Bermu- nickname for everybody, and it usually has some con- da’s top athletes with their awards. Congratulations to nection to some strange—some strange thing some- all the winners who were recognised for accomplish- where. Anyway, they said they called him World be- ments in sports, both domestically and internationally. cause his head was big like a world. And he accepted As a country, we had a lot to be proud of on the sport- that nickname, as most people do. So I would ask that ing stage last year, and it was a pleasure to be there condolences be sent to his widow Juliette and his fa- to celebrate the top accomplishments for our athletes. ther Leon “Spider” Blakeney, and the entire Lapsley I also want to pause to celebrate all the family on the passing of this dedicated and committed coaches, the men and women who work tirelessly to worker, and to the Government and people of Bermu- ensure that our athletes are in optimal condition and da. have mastered their respective sports to be able to Thank you, Mr. Speaker. perform on the world stage. And with that, Mr. Speak- er, I also want to send congratulations certainly to the The Speaker: Thank you, Minister Burch. And Minis- Minister responsible for Sports and the Department of ter Burch, I would like to be associated with that one Youth, Sports and Recreation, who did a fabulous job as well, as he has strong Somerset roots from the in arranging––and also the Department of Communi- heart of Somerset. Thank you. cations did a fabulous job of adjusting the event to make sure it could take place in a virtual and limited [Inaudible interjection] environment, while still making sure we paid homage and celebrated our athletes in an appropriate fashion. The Speaker: Would any other Member like to Thank you, Mr. Speaker. speak? The Speaker: Thank you, Premier. Hon. E. David Burt: Mr. Speaker. Are there any other Members who wish to speak? The Speaker: No other Member? No other Members? Before we leave this, I would just like to add my remarks to that and what the Hon. E. David Burt: Mr. Speaker. Premier just gave in regard to the late Earl Cameron. And I think we should include the whole House in that, The Speaker: Yes. Yes. Go ahead. Premier, in that Mr. Cameron was a barrier-breaker in his life in that he was one of the early black members Hon. E. David Burt: Thank you. to become recognised in the arts and acting field in England. And I think of him, and I think of that, I think Bermuda House of Assembly Official Hansard Report 17 July 2020 4443

of Sir Clyde Best who likewise was a barrier-breaker Hon. E. David Burt: Thank you, Mr. Speaker. in the sport of football. I am introducing the following Bill for its first Whenever I spoke with Mr. Cameron, he reading so that it may be placed on the Order Paper would always call me “Allen’s nephew,” because he for the next day of meeting: the Tourism Investment knew my Uncle Allen very well. And I was always “Al- Amendment Act 2020. len’s nephew" rather than Dennis or the Speaker even, because the last time I was with him I was The Speaker: Good. Thank you, Premier. Speaker, and we had a good chat about some of my The next four Bills are in the name of the Min- roles as Speaker. But I was always “Allen’s nephew” ister of Health. to him. Minister, would you like to do your Bills? Min- With those remarks, we will move on. ister?

MATTERS OF PRIVILEGE [Pause]

The Speaker: There are none. The Speaker: Minister Dickinson, would you like to do yours, and we will come back to Minister Wilson? PERSONAL EXPLANATIONS Hon. Curtis L. Dickinson: Yes, Mr. Speaker.

The Speaker: There are none. The Speaker: Go ahead. NOTICE OF MOTIONS FOR THE FIRST READING ADJOURNMENT OF THE HOUSE

ON MATTERS OF URGENT TRUSTS (SPECIAL PROVISIONS) AMENDMENT PUBLIC IMPORTANCE (NO. 2) ACT 2020

The Speaker: There are none. Hon. Curtis L. Dickinson: Minister, I am introducing the following Bill for its first reading so that it may be INTRODUCTION OF BILLS placed on the Order Paper for the next day of meet- ing: Trusts (Special Provisions) Amendment (No. 2) GOVERNMENT BILLS Act of 2020.

The Speaker: Thank you. The Speaker: There are some eight Government Bills to be introduced this morning. And the first two, Premier, are yours. FIRST READING

Hon. E. David Burt: Thank you, Mr. Speaker. GOVERNMENT LOANS Mr. Speaker, I have the . . . I am certainly AMENDMENT (NO. 2) ACT 2020 looking at the wrong document, so let me try that again. Hon. Curtis L. Dickinson: Mr. Speaker, I am intro- ducing the following Bill, which according to section FIRST READING 36(3) of the Bermuda Constitution, requires the Gov- ernor’s recommendation so that it may be placed on

the Order Paper for the next day of meeting: Govern- GAMING (TRANSFER OF FUNCTIONS) ACT 2020 ment Loans Amendment (No. 2) Act 2020.

Hon. E. David Burt: Mr. Speaker, I am introducing Thank you, Minister. the following Bill for its first reading so that it may be The Speaker: Minister Wilson? Minister Wilson? placed on the Order Paper for the next day of meeting

(and that is): the Gaming (Transfer of Functions) Act Mr. Speaker, if the Minister is 2020. Hon. E. David Burt: not [sic] busy, do you mind if I introduce her Bills for

her? The Speaker: Thank you.

Would you like to do the second one? Go right ahead, Premier. The Speaker: FIRST READING Hon. E. David Burt: Thank you, Mr. Speaker. I am introducing the following Bill for its first TOURISM INVESTMENT AMENDMENT ACT 2020 reading so that it may be placed on the Order Paper for the next day of meeting. Bermuda House of Assembly 4444 17 July 2020 Official Hansard Report

And can I do all the Bills at once, Mr. Speak- proposed to be made by the Minister of Health in ex- er? ercise of the power conferred by section 107A of the Public Health Act 1949. The Speaker: Do all four, yes. The Speaker: Members, are there any objections to FIRST READINGS the suspension of Standing Order 23(3)? None. Continue, Minister. CRIMINAL CODE AMENDMENT ACT 2020 [Motion carried: Standing Order 23(3) suspended] CRIMINAL CODE AMENDMENT (NO. 2) ACT 2020 Hon. Kim N. Wilson: Mr. Speaker, just before I pro- EXPUNGEMENT OF CONVICTIONS ACT 2020 ceed, I have a document that I need to refer to, but I think it is going to turn off my video— HEALTH PROFESSIONALS (MISCELLANEOUS AMENDMENTS) ACT 2020 The Speaker: Your camera?

Hon. E. David Burt: Thank you. I am introducing the Hon. Kim N. Wilson: —my video camera. But is that following Bills for their first reading so that they may okay when I get to that? be placed on the Order Paper for the next day of meeting: the Criminal Code Amendment Act 2020, the The Speaker: Well, we will let you proceed, and then Criminal Code Amendment (No. 2) Act 2020, Ex- you can switch back. pungement of Convictions Act 2020 and Health Pro- fessionals (Miscellaneous Amendments) Act 2020. Hon. Kim N. Wilson: Thank you. Thank you.

The Speaker: Thank you, Ministers and Premier. ORDER

OPPOSITION BILLS PUBLIC HEALTH (COVID-19) EMERGENCY EXTENSION ORDER 2020 The Speaker: There are no Opposition Bills. Hon. Kim N. Wilson: Mr. Speaker, I am pleased to PRIVATE MEMBERS’ BILLS invite this Honourable House to consider the Order entitled Public Health (COVID-19) Emergency Exten- sion Order 2020. Mr. Speaker, as the Minister of The Speaker: No Private Members’ Bills. Health, I have consulted the Chief Medical Officer and NOTICE OF MOTIONS determined that a communicable disease of the first or second category, namely, COVID-19, continues to pose a severe threat to public health in Bermuda. The Speaker: No notices of motions. This Order will extend the Public Health (COVID-19) Emergency Order 2020 made under the ORDERS OF THE DAY Public Health Act 1949 to permit the Governor to con- tinue the Public Health (COVID-19) Emergency Pow- The Speaker: The first Order of the Day would be the ers Regulations 2020, which imposed extraordinary consideration of the Public Health (COVID-19) Emer- measures necessary in the interest of public health to gency Extension Order. Again, the Minister of Health prevent, control and suppress COVID-19. is not available there. Mr. Speaker, Honourable Members will be aware that the Public Health (COVID-19) Emergency Hon. Kim N. Wilson: Actually, I am here, Mr. Speak- Order 2020 was made under the negative resolution er. I am sorry. procedure effective the 30th of June 2020 for 30 days, expiring on the 29th of June [sic] 2020. However, the The Speaker: Okay. Minister, would you like to do COVID-19 pandemic continues to rage on globally, your matter? and a public health emergency continues to exist in our shores. SUSPENSION OF STANDING ORDER 23(3) Mr. Speaker, I would like to take this oppor- tunity to remind the public of their civic responsibility Hon. Kim N. Wilson: Yes. Thank you. to take steps to protect themselves, their loved ones Mr. Speaker, I move that Standing Order and their neighbours. We live on a very small Island, 23(3) be suspended to enable the House to proceed and the potential spread of COVID-19 can reach med- with the consideration of the Order entitled the Public ically vulnerable members of our community very Health (COVID-19) Emergency Extension Order 2020, quickly. One way to slow the spread of this virus is Bermuda House of Assembly Official Hansard Report 17 July 2020 4445

wearing a mask to cover your nose and mouth, as requirements and legal requirements. And as such, well as physical distancing. The more space between Mr. Speaker, it saddens me that I had to report yes- you and others, the harder it is for the virus to spread. terday that one person who had recently arrived in Other important tips for members of the public Bermuda who was required by law to quarantine until include frequent washing of your hands with soap and they received their results did not do so. And the re- water for at least 20 seconds. When soap and water sults came back positive. So as a result, my team are unavailable, the use of alcohol-based hand sani- spent most of yesterday, day and night, doing case tiser [is recommended]. Avoid touching your eyes, management, trying to contact trace all those persons nose or mouth with unwashed hands. Practice good that this individual I am speaking about was in touch respiratory etiquette, including covering your coughs with when they arrived to the Island, did not wait until and sneezes. Avoid close contact with people who are the time of their quarantine was expired and went sick. And of course, if [someone is] sick, Mr. Speaker, straight to work. ]they] should stay home. Obviously, all of this infor- Mr. Speaker, I cannot emphasise enough the mation can be located on the government website. importance of the persons and members of the public Mr. Speaker, sometimes I have to admit I feel adhering to the public health regulations as they relate like a broken record, always repeating myself. How- to the need to quarantine until they have had their re- ever, in circumstances such as the seriousness of this sults received. This is very serious, Mr. Speaker, and I pandemic, repetition is necessary. The importance of think all of us should join together in trying to encour- quarantine cannot be overemphasised, Mr. Speaker. age and impress upon members of the public the im- We know that COVID-19 is caused by a virus that has portance of adhering to the public health guidelines spread quickly throughout the world. And COVID-19 and the legislation. spreads easily between people who are in close con- Therefore, Mr. Speaker, thank you. And in tact, or through coughs and sneezes. And most peo- accordance with section 107A(3) of the Public Health ple who are infected will suffer mild flu-like symptoms. Act 1949, I bring this Extension Order to this Honour- But some become seriously ill and even die. able House to prolong the state of public health emer- There is no effective treatment or vaccine for gency for a further 90 days, ending on the 27th of Sep- COVID-19. So other ways of slowing or controlling its tember 2020. Thank you, Mr. Speaker. spread are needed. And one of such ways [that] has been announced by the World Health Organization The Speaker: Thank you, Minister. with respect to controlling the disease is quarantine. Does any other Member wish to speak? And this means separating healthy people from other healthy people in case they have the virus or can Hon. Patricia J. Gordon-Pamplin: Yes. Thank you, spread it. Mr. Speaker. It is MP Gordon-Pamplin. Mr. Speaker, it is important to note also that the practice of quarantine is particularly of importance The Speaker: Yes. MP, you have the floor. when you are a returning traveller to the country of Bermuda, coming from a place that has rapid COVID- Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. 19 spread. Strong evidence has found quarantine to Speaker. be very important in reducing the number of people Mr. Speaker, the Minister indicated in her infected and the number of deaths. And this turns me opening remarks that she is beginning to sound like a to the importance of following, Mr. Speaker, public broken record. And I also echo those sentiments, but I health directions and the legal requirements such as also start to question whether the replay that is going the requirement to quarantine. on in my head, whether it has been vocalised before Mr. Speaker, I would like to take this oppor- or whether it has just been dancing around in my tunity to remind members of the public that section brain, because I believe that the seriousness and the 12(1) of the Quarantine (COVID-19) (No. 3) Order threat under which our country has found itself provides, in summary, that any traveller that arrives in through COVID-19 cannot be mentioned enough. Bermuda must take a COVID-19 test upon arrival at People cannot be made aware enough how serious the airport and “shall”—which is obligatory, Mr. this particular virus is and how it is impacting us as a Speaker—“place himself in quarantine at the house or people. accommodation . . . until such time as he shall receive I just wanted to make a correction. The Minis- the results.” And, Mr. Speaker, the penalties with re- ter indicated when she spoke, I believe it was just ei- spect to a breach of that provision are outlined in the ther a typo on her brief or just a misstatement, that the Quarantine Act 2017, which provides a penalty of a initial order was put in place on the 30th of June and sum, a fine in the sum of $25,000 and/or six months for 30 days. And then she said it expired on the 29th of on summary conviction. June. It actually expires on the 29th of July of 2020. So you can see, Mr. Speaker, that the penalty And what this Order is now doing is seeking to extend to be imposed is quite severe because it represents this Order for another 60 days until the 27th of Sep- the severity of persons not abiding by public health tember. Bermuda House of Assembly 4446 17 July 2020 Official Hansard Report

Mr. Speaker, we have seen the impact of vulnerable, but unsuspecting. And in those circum- COVID-19 and what it is doing, in fact, in the United stances [they] can take a situation home to their loved States and how it seems to be a second wave that is ones, completely unwittingly and totally unfairly, Mr. rearing its head. I believe that as a people, we have Speaker. made tremendous sacrifices to ensure that we have Mr. Speaker, lack of consideration for one not been so negatively impacted as to be in an un- another, as the people under these circumstances, is manageable position. So as a result of the efforts and to my mind almost the height of treason. Mr. Speaker, the sacrifices that we have made as a people, we we have to do better as a people. We have to look out have managed to keep this thing under control to the for ourselves. But we also, more importantly, [have] to extent that we have not been . . . you know, we have look out for one another. And in looking out for one not had the deaths, we just have not had the trajectory another, Mr. Speaker, the reprehensible behaviour that might otherwise have been done had we not tak- that we saw at that viral party the other day is equally en the steps that we have taken. So it is very im- as egregious to not just me, and I would imagine to portant. the Premier and the rest of his Cabinet, as it is to the Mr. Speaker, I too was tremendously con- people of Bermuda. Because these are situations that cerned and disappointed what the Minister reported in we cannot tolerate. her press conference yesterday about the returning And I certainly hope that with the investigation traveller who had decided that he was not going to that we heard about in respect of that particular inci- adhere to the rules and regulations that surround the dent, Mr. Speaker, that we will see not just a resolu- necessity to quarantine and to behave responsibly in tion, but a public declaration of a resolution so that [these] circumstances so that we can continue to people can understand the seriousness and the situa- manage effectively the impact of COVID-19. tion in which we find ourselves. What also, though, Mr. Speaker, bothered me Mr. Speaker, with those few comments, I even more than the traveller from yesterday is the im- would like to say that we do agree with the [extension] pact that could have been had as a result of the party of the Order until the 27th of September, notwithstand- that we saw going viral. People being able to use ing that we have those people who might consider common sense, people being able to realise that their that, because we have fared so well, we are not as actions could negatively impact others, whether wit- badly off as we might otherwise have been. But by the tingly or unwittingly. We all are aware that there are same token, it shows that the management that we some people who may be carriers who may have have had of the situation has stood us in good stead. COVID-19, but who may not be symptomatic. There And because we have managed it well, we need not are asymptomatic people. And under those circum- to rest on our laurels, but rather keep our guard up stances, Mr. Speaker, I cannot imagine anything that and to ensure that we continue with the necessary is more irresponsible, especially coming from senior protections that we need to do in order to keep our- Members of our Government, who found themselves selves as a people safe. Thank you, Mr. Speaker. in the situation of flouting the rules and regulations that were in effect. The Speaker: Thank you, Member. As the Minister has just highlighted, the strin- Does any other Member wish to speak? And I gency of the rules and regulations, but the fines that am asking only because it has passed one. We were can be meted out under those circumstances with going to go to lunch at one. But if no other Member travellers coming and refusing to quarantine, Mr. wishes to speak, we can close this out and then go to Speaker, one has to question the extent to which that lunch. But if other Members wish to speak, we will particular instance and the things that have actually have lunch and then come back. gone viral on television—to what extent have those No other Members? people who are responsible going to be fined? To Minister, would you like to just close us out? what extent are there going to be charges brought against those people? Because the one thing we do Hon. Kim N. Wilson: Thank you, Mr. Speaker. not want to do, Mr. Speaker, is to perpetuate the idea And I thank the Honourable Member for her and the thought of Two Bermudas, that certain people contribution. And I would like to reiterate the final can get away with certain things and others are being comments of the Honourable Member that we cannot . . . you know, that the heavy hand of the law comes as a country, because we have fared so well hereto- down upon them. fore, rest on our laurels and put our guard down. This I believe I can only wrap by saying, Mr. pandemic is here to stay for quite some time. We Speaker, that while we do support the extension of have no vaccines or any type of treatment courses this Order, just as a reminder to people that it is im- that have been made available as of yet. So we do perative that we continue to look out for one another. need to ensure that we adhere to the guidelines of We are not necessarily looking out for ourselves and public health, as well as the laws as they relate to the our own households, but people with whom we may COVID-19 pandemic and the Emergency Orders. come into contact. And those are people who could be Bermuda House of Assembly Official Hansard Report 17 July 2020 4447

And on that, Mr. Speaker, again I thank the The Speaker: Good afternoon, Members. For the lis- Honourable Member for her contribution, and I move tening audience, we are about to resume the after- that the said draft Order be approved and that a suita- noon session of today’s sitting. We had closed for ble message be sent to His Excellency the Governor. lunch at the end of the completion of the first Order of the day and now we are about to start the second Or- The Speaker: Are there any objections to the said der of the day, which is consideration of the Riddell’s Order being approved and a message sent to the Bay (Warwick Parish) Special Development Order Governor? 2020 in the name of the Minister of Home Affairs. No objections. The matter has been ap- Minister, would you like to present your mat- proved, and the appropriate message will be sent to ter? the Governor. Hon. Walter H. Roban: Yes, Mr. Speaker. [Motion carried: The Public Health (COVID-19) Emer- I do not recall getting the recital from your of- gency Extension Order 2020 was approved.] fice on this matter.

The Speaker: With that, Mr. Premier, would you like The Speaker: Okay. Basically, I asked him to intro- to move us to lunch? duce for its second reading the consideration of the Riddell’s Bay (Warwick Parish) Special Development Hon. Diallo V. S. Rabain: Mr. Speaker, the Premier Order 2020. has stepped away and asked that we adjourn for lunch. Hon. Walter H. Roban: Okay, Mr. Speaker. I will do it. Yes, I did not get a recital . . . I do not recall getting a The Speaker: Minister— recital from your office on this, but with your permis- sion, I wish to introduce for its second reading the Hon. Walter H. Roban: Hello, Mr. Speaker. The Dep- Riddell’s Bay (Warwick Parish) Special Development uty is here. Order 2020.

The Speaker: Oh, Deputy. The Speaker: [Are there] any objections? No objections. Hon. Walter H. Roban: Mr. Speaker, I move that we Continue, Minister. adjourn for lunch until 2:00 pm. SPECIAL DEVELOPMENT ORDER The Speaker: Yes. RIDDELL’S BAY (WARWICK PARISH) SPECIAL Hon. Walter H. Roban: Or like 2:06 perhaps? DEVELOPMENT ORDER 2020

[Laughter] Hon. Walter H. Roban: Thank you, Mr. Speaker. Mr. Speaker, I move that consideration be The Speaker: No, 2:00 pm is fine, 2:00 pm is fine. given to the Draft Order entitled Riddell’s Bay (War- Leave it at that. wick Parish) Special Development Order 2020, the Order to be made by the Minister responsible for Hon. Walter H. Roban: Okay. Mr. Speaker, I move Planning in exercise of the power conferred upon the so. Minister by section 15(2) of the Development and Planning Act 1974. The Speaker: Okay. Members, the House now stands Mr. Speaker, I am pleased to take this oppor- adjourned until 2:00 pm. And as always, if you simply tunity today to provide this Honourable House with turn your cameras and video—mute your micro- further information on the historic importance of this phones and turn your cameras off, we will be ready at scheme in addition to providing detail on the process 2:00 pm when we resume. Enjoy your lunch. that has led to the formulation of this SDO. Mr. Speaker, the Order seeks to grant per- [Pause] mission, in principle, for a period of 10 years from the date of this Order being made for the development of Proceedings suspended at 1:04 pm the site, subject to conditions outlined in clause 3(2) of the Order. Proceedings resumed at 2:00 pm The conditions include, but are not limited to, Mr. Speaker: all applications for final planning permis- [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] sion of the residential lots shall be in accordance with Residential 2 Development Zone as specified in Chapters 9 and 27 of the Draft Bermuda Development Bermuda House of Assembly 4448 17 July 2020 Official Hansard Report

Plan 2018; status reports of the conservation man- House, almost a century later, in support of an Order agement plan must be submitted at various stages of which grants all Island residents public access to 64 the development; and site inspections must be under- acres of land. taken to confirm the requisite conservation manage- Mr. Speaker, I have received much commen- ment plan has been completed; roadways must be tary on the legitimacy of the developers’ intention to installed prior to the development of the new vacant have the new conservation areas accessible to the residential lots; the development of the Nature Re- public. Please allow me to assure the general public serve area, the Open Space area, the Recreational that the developer—a Bermudian—has remained area, and the Woodland Reserve area shall be in ac- transparent and steadfast with his intention to create cordance with the provisions set out in the Draft Ber- valuable conservation land, not just for the general muda Plan 2018. public to enjoy and interact with, but also to provide Mr. Speaker, the Order also seeks planning critical habitat for birds and other flora and fauna. I permission to subdivide land with conditions outlined have a letter of commitment from the developer, Mr. in clause 4(2) to: Daniel Tafur, which confirms the following: • create 18 vacant residential lots totalling 23 The 46-acre Gardens (Areas B, C & D)” (and I acres (9.307 hectares)—approximately 25 per am quoting from the letter that I received, Mr. Speak- cent of the property—intended to each ac- er, just for your information) “will be accessible to the commodate one detached house; public for a minimum of 50 hours per week. The exact • develop four conservation areas totalling 64 time and days for opening hours are subject to acres (25.899 hectares)—an estimate of change based on the seasons, required maintenance 75 per cent of the property—and comprised of and guidance from environmental groups on changes a Nature Reserve totalling 18 acres (7.284 to access for protection of plant and animal species hectares), an Open Space area totalling 14 during specific times of the year. acres (5.665 hectares), a Recreational area The 18-acre Nature Reserve (Area A) will be totalling 19 acres (7.689 hectares), and an accessible to the public by appointment only. This is Open Space area totalling 13 acres (5.260 for the protection of the bird and plant life in the area hectares); and to prevent overcrowding in the most ecologically • develop an internal system of roadways and sensitive area of the site. The Nature Reserve will associated parking areas, a network of foot- serve as an educational resource for schools/student paths and private and communal outdoor are- groups and environmental groups. The exact times as and landscaped grounds. and days for opening hours will follow those of the Mr. Speaker, clause 5 of the Order declares Gardens and are subject to change based on the sea- that “nothing in this Order grants planning permission, sons, required maintenance and guidance from envi- final or in principle, for any matters of development for ronmental groups on changes to access for the pro- which planning permission is required, apart from any tection of plant and animal species during specific matter for which planning permission in principle has times of the year. been granted by paragraph 3 and planning permission Mr. Speaker, before this scheme was submit- for the subdivision has been granted by paragraph 4.” ted as a subdivision application to the Department of To be clear, applications must be submitted Planning, I had been made to understand that the de- for planning permission for the development of each veloper first presented the scheme to a former admin- of the 18 lots. And I will repeat that because I think it istration in determining options on how to approve is very important that people understand this. To be such a scheme. It was always acknowledged that the clear, applications must be submitted for planning proposal could not be approved through the regular permission for the development of each of the 18 res- planning process. Simply put, the residential zoning of idential lots. the site did not afford the Development Applications Mr. Speaker, I would like to remind Honoura- Board (known as the DAB) the discretion to grant ble Members of the history of Riddell’s Bay Golf subdivision approval for residential lots despite the Course. Early legislation of this property dates back to enormous planning gain through the creation of new 1925 and includes an Act that was passed by the then conservation areas. Parliament to use public funds to financially assist a Mr. Speaker, it has been most disconcerting privately-owned golf course. I am sure that Honoura- to learn that the Minister at the time was more dis- ble Members can remember that access was only posed to approve the scheme via an appeal to the available to the privileged few. I believe that access Minister responsible for Planning. An appeal decision was only granted to certain affluent Black members in would have been the sole decision of one Minister the latter 20th century. It is unfortunate that, for far too and, therefore, absent of the proper debate and scru- long, this club, like some others, was closed to the tiny by the Legislature of which we now sit today. Fur- majority of Bermudians. ther, I am informed that it was intended to protect the Mr. Speaker, I am most proud to stand before new conservation areas by a section 34 agreement, —and sit before a virtual House—this Honourable Bermuda House of Assembly Official Hansard Report 17 July 2020 4449

an agreement which can be changed at any time, sub- That is two departments, not just one, Mr. Speaker. ject to ministerial approval. That is two departments—the Department of Planning Mr. Speaker, please allow me to fast forward and Environmental and Natural Resources—as well to the present day where the rightful method to ap- as non-governmental organisations and members of prove such a scheme is via a Special Development the community. Order (SDO), a framework that ensures absolute Mr. Speaker, the Department of Planning, in transparency through debate in the House. It is im- their review of the comprehensive submission, portant to note that an SDO is a form of planning per- reached the conclusion that the proposal represented mission, lawful planning permission under section 15 an appropriate form of sustainable development which of the Development and Planning Act 1974, and is would bring about notable public benefits that would granted when the development is considered to be in outweigh any harm brought about by the loss of rec- the national interest, perhaps also termed the public reationally zoned land. interest. In this case, the Riddell’s Bay SDO undoubt- Mr. Speaker, the department’s Board Report, edly involves a tremendous public change given the which is accessible on their website, clearly articulates creation of new conservation areas which the public the following salient points: can access. 1. The Development Applications Board did not Mr. Speaker, it is of value to mention that the have the discretion to approve the application, consultation that the developer undertook with all en- given [that] the subdivision of land for residen- vironmental groups in advance of submitting a subdi- tial lots is not permitted within a recreational vision application to the Department of Planning . . . I zoning, as per the Draft Bermuda Plan 2018. will repeat that, Mr. Speaker, because I think it is im- 2. Given the inability of the DAB to approve, portant to state that again. It is of value to mention coupled with the position of the department that the consultation that the developer undertook with that the application represented a scheme of all environmental groups in advance of submitting a national significance and importance, it there- subdivision application to the Department of Planning, fore warranted a Special Development Order. specifically, detailed presentations of the scheme had Mr. Speaker, in accordance with section 15 of been made to BEST, the Audubon Society, Greenrock the Act, planning permission granted by a develop- and the National Trust. ment order may be granted with or without conditions. Mr. Speaker, to this end, I would like to share So just to make that clear, Mr. Speaker, SDOs and a snapshot of comments which are on record by these their approval is not unlawful or overriding planning environmental groups. approval. They are part of the planning process. I just Firstly, the Bermuda Audubon Society, and I want to go slightly off-script and make that clear. A quote, “while we are loath to see any of our precious number of stringent conditions have been included in remaining open space given over to development, we the Order which sets out the standards of the devel- accept that in this case, there is a pragmatic need for opment lots in addition to the requirements regarding the new landowners to sell some lots for development how the Conservation Management Plan to create the in order to be able to set aside a sizable area as a new conservation areas shall be implemented. reserve, which will benefit Bermuda as a whole.” Mr. Speaker, in essence, it is the addition of I will now go on to Greenrock, Mr. Speaker, “If the 64 acres of conservation land that garners the na- anything, we saw it as a potential planning gain for the tional interest component of this SDO. The two con- people of Bermuda in terms of expanding the land servation lots, split into four categories, including the back to protected green space.” Nature Reserve, Open Space, Recreation and Wood- Mr. Speaker, it would be remiss of me not land significantly upgrades the conservation status of explain the in-depth assessment of the scheme per- the existing recreational zoning. Notably, the vast size formed by technical officers within the Department of of this conservation area, in its entirety, exceeds the Planning. This project has undergone an exhaustive size of the majority of Government Nature Reserves environmental analysis and scrutiny. I will repeat that and/or National Parks on the Island. sentence as well, Mr. Speaker. This project has un- Mr. Speaker, I must also clarify the misinfor- dergone an exhaustive—I repeat, exhaustive— mation that has been espoused by some objectives in environmental analysis and scrutiny. The application respect to the level of protection which is afforded in submission included a comprehensive environmental land zoned recreational. The development is actually impact statement and conservation management plan, permissible on recreational zoned land, such as, by virtue of the statutory advertising process required sports clubs, racing tracks, educational facilities and by the Development and Planning Act 1974. This ap- horse stables. Even accessory uses to recreational plication was afforded public scrutiny because the law development, such as, commercial and even tourism requires it, Mr. Speaker. accommodation are permitted. Land formerly zoned The submission details were comprehensively as recreation has been zoned for other uses in Ber- reviewed by technical officers of the Departments of muda. And I will give two such examples, Mr. Speak- Planning and Environment and Natural Resources. er, they include Somersfield Academy (formerly the Bermuda House of Assembly 4450 17 July 2020 Official Hansard Report

National Sports Club) and the Newstead Belmont de- nical people for reaching out to Members of the Op- velopment. Other zones such as Nature Reserves and position in advance of today’s parliamentary sitting. Open Space reserves are afforded significantly great- er protection from development than recreational Hon. Walter H. Roban: Honourable Member, you are zones. very low on your volume and I am having difficulty Mr. Speaker, against the backdrop of the cur- hearing you. rent challenges being faced by our community, I am certainly proud to introduce this scheme that repre- Mr. Sylvan D. Richards, Jr.: Okay. Can you hear me sents a significant ecological and social gain for the better now? Island. It has, undoubtedly, tremendous potential to inject an estimated $75 million in capital investment Hon. Walter H. Roban: Yes, a bit better, yes. Thank into the economy, providing a much-needed stimulus you. to various business sectors, including construction, landscaping, real estate, and other retail services and Mr. Sylvan D. Richards, Jr.: Okay. I got my micro- industries and, most importantly, provide jobs for phone turned up as loud as I can. Bermudians. Mr. Speaker, to conclude I would like to, once Hon. Walter H. Roban: That is better, thank you. again, take this opportunity at this time to thank the developers, in particular Mr. Daniel Tafur, for under- Mr. Sylvan D. Richards, Jr.: Okay, I will speak loud- taking such a significant venture, which entails much- er. needed new investment into our country, as well as Okay, I was saying that I wanted to thank the valuable conservation land for the benefit of the com- Minister and his technical people for consulting with munity. We applaud the developer for continuing to Members of the Opposition in advance of today’s sit- believe in Bermuda as a sound and promising jurisdic- ting. It was very helpful to sit with him and his tech- tion in which to invest. nical people to understand the process that this SDO Mr. Speaker, I would also like to thank some went through to bring us here where we are today. others, the technical officers at the Department of And I just wanted to thank him for reaching out to the Planning and other agencies, who have contributed to Opposition and allowing his technical people to brief the preparation of this legislative effort: the Director of us and to bring us up to speed. Planning Ms. Victoria Pereira, Mr. Larry Williams, Mr. Now, Mr. Speaker, SDOs in Bermuda, and Paul McDonald, and Parliamentary Counsel Amani when you are dealing with rezoning land in Bermuda, Lawrence. I would include in that the PS for Home there is going to be a certain amount of controversy Affairs Ms. Rozy Azhar and others who have given us involved for a number of different reasons. We live on counsel through this process. a very small Island [where] in a lot of neighbourhoods Mr. Speaker, I now invite Honourable Mem- we are kind of jam-packed up next to one another. bers to give consideration to this Order and I move Bermuda is one of the most dense countries in the that the . . . I am sorry. world in terms of residential density. So, whenever there is a planning application made or a change in The Speaker: That is okay. zoning, it is inevitable that there are certain feathers that are going to get ruffled. And that is what has hap- Hon. Walter H. Roban: I move that the Order be con- pened with this SDO. sidered by Members of the Legislature. Now, my personal view is my personal view. And I am going to give that today. And my parliamen- The Speaker: Exactly. Just so the other Members can tary colleagues, they will come behind me and they [consider]. will speak on some of the concerns that they may Are there any other Members who wish to have regarding this SDO. speak to this? Now, the positive things that I see about this project are that it is going to take a very large piece of Mr. Sylvan D. Richards, Jr.: Yes, Mr. Speaker, Syl- land that, before this, was used as a golf course and, van Richards here. as the Minister alluded in his comments, has a very chequered past with certain segments of Bermuda not The Speaker: I recognise the Honourable Member being allowed to enter that property or, if you were not Mr. Richards. a member of the golf club there, you could not play on You have the floor. that property. So, we all know the history of Riddell’s Bay. It is well enshrined in our cultural history. So, I Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speak- am not going to belabour that point. We all know that. er. Now, this land, that is private property now, Mr. Speaker, before I start with my remarks was purchased in . . . well, Riddell’s Bay went into on this, I would like to thank the Minister and his tech- receivership in 2016, and was later purchased by the Bermuda House of Assembly Official Hansard Report 17 July 2020 4451

developers. And the developers took a risk. They to the stock that we already have. And the Bermudian raised the capital to buy that property. And there was public, according to the developer, will be allowed ac- no guarantee that they were going to be able to get cess to that land. Some of it will be during certain that property re-zoned from recreational to where it is times, such as the Nature Reserve aspect of the land, today. So, they took a risk and the risk is paying off. which is understandable, because you do not want Make no mistake about it. There is an altruistic aspect people trampling all over national reserves 24 hours a to this development, but the developers stand to make day. And the Minister mentioned in his remarks that quite a bit of money off of this development. I do not he has a letter of commitment from the developer en- begrudge them of that. suring that the public land will be open to the public. So, basically what we have is 64 acres of Now, on a personal level, this is causing me conservation land which is being created by what we some concern. And I expressed this to the Minister are doing here today. Part of that land—those 64 during our meetings. That public access to the land acres—will be Natural Reserve, another portion will be should be enshrined in the SDO. And it does not ap- open space. Another portion will be woodland. And pear that it is enshrined in the SDO. The Minister has then a certain amount will remain recreation land. And a letter of commitment. of that development, it is the 23 acres that will be Now, my fear is that as time passes, and this zoned vacant residential property and, of those 23 SDO fades into ancient memory and, you know, dif- acres, it will be divided into 18 lots, which will be sold ferent people come into play on the parts of the de- as residential lots. velopers and the owners, someone in the future may Now, it is interesting that there may not end say one day, You know, I don’t want the public having up being 18 homes built on that property, because I access to this land, for whatever reason. Who knows? have been made aware that the developer is encour- I cannot see into the future. But I do know human na- aging potential buyers to buy more than one lot so ture. And my fear is that because the public access that they can have a home and a nice big yard that aspect is not enshrined in the SDO, this may be prob- goes with it. So, even though there are 18 lots, there lematic at some point in the future. is no guarantee that there will be 18 homes built on One thing about SDOs, once we get out a that property. certain number of years from the SDO, then we really Now, with any development of this type when see whether it was a good decision or a bad decision. it is made public there will inevitably be objectors to And the same will be the case for this particular order. the project. And that is the case here. There were 39 Another aspect of this process that is prob- written objections to the development. And the most lematic for me is that the Development Applications common objections were actually related to the zoning Board, which basically opines and makes rulings on changes. So, the change of zone from recreation to planning applications in the Island, was legally pre- what we are doing here today resulted in 39 written vented from making a decision regarding this SDO objections being submitted to the Department of Plan- because it involved rezoning land. That needs to be ning. In addition to the 39 written objections, there remedied. I believe if we are going to have a Devel- was a “www.change.org ” petition that was started and opment Applications Board, then they should be given apparently it was started before the project . . . well, it jurisdiction on all things relating to development in was started in the early days of the project. And this Bermuda. petition was signed by approximately 3,000 people. Well, the Minister did say in his remarks that And I think a lot of us listening and who are here today an SDO is a form of planning permission. Now, I think will be aware of www.change.org. It is a very popular that can be debated. My view is that the DAB should method to make your opinion and voice known. be given authority and oversight over these types of Now, what is interesting is that the decisions, and I would encourage the Minister to bring www.change.org petition was signed . . . the 3,000 forth legislation to remedy this. I think it is a quirk. I that signed it (approximately) were both locals and had never heard of it before this particular SDO, and it non-locals. So, it was not entirely Bermudians who is causing me some discomfort and it needs to be ad- signed that petition. The non-locals, some were prob- dressed. ably foreign members of the old Riddell’s Bay Golf The positives for this development are that we Club who felt that they did not want to see that land find ourselves in an economy which is struggling at changed or rezoned into anything but a golf course, the moment and we are going to need investment— which is understandable. inward forward investment. Hopefully this project will Now, the Minister in his remarks mentioned do that. There have been several numbers bandied something that came up during our meetings with him about as to how this development will benefit Bermu- before this sitting today, and that was that the devel- da. I have heard numbers from $45 million to $75 mil- oper has committed that public access would be lion. That will remain to be seen. But the Island finds granted to the 64 acres of conservation land. So, that itself in a situation where we need inward forward in- is a very good . . . that is a very positive thing for Ber- vestment, we need construction that is going to result muda. It is going to be new conservation land added Bermuda House of Assembly 4452 17 July 2020 Official Hansard Report in jobs for Bermudians, so that is a definite benefit that members had been brought in—Black members— we will get as a result of this development. more affluent Black members had been brought into Another benefit is that a large, as I mentioned the membership of Riddell’s Bay and, therefore, I be- previously, 64-acre lot of conservation land will be lieve that the board at that time may have believed created. And as I mentioned, Bermuda is densely that they thought that their attitude and their satisfying packed, so anything that adds to our nature reserves of a cross-cultural experience had been manifested as is appreciated and will benefit Bermuda in the long a result of the embracing into membership of those term. people who were not previously members. The Minister mentioned that conservation Here is what is interesting, Mr. Speaker. This groups in Bermuda were consulted. That is a positive. development, notwithstanding this SDO, notwithstand- So, I am glad that they were brought into the process. ing all the positive attributes to which the Minister has And to their credit, the developers listened to the rec- spoken, was sold when Riddell’s Bay went into re- ommendations that they were given. ceivership. It was sold to the highest bidder. And the So, I will keep my comments short and sweet. highest bidders were effectively of the same melanin That is where we are at. I do believe that this devel- as were those people who owned Riddell’s Bay from opment has the potential to benefit Bermuda in a the beginning. So, I am not sure that the Minister, in number of different ways. There are some concerns making the reference to how different the ownership that I have and I have outlined them in my remarks, looked in the early 1900s, has actually given thought and I am fairly certain that my parliamentary col- to the fact that the people who are now coming for leagues will come behind me and express their views permission for this SDO are actually in the same cat- on this. egory, the same demographic. So, with that, Mr. Speaker, I will sign off. And I am not saying there is anything wrong with it, Mr. Speaker. You will very rarely, if ever, hear The Speaker: Thank you, Honourable Member. me speak of the segregation of the races and the per- Does any other Honourable Member wish to petuation thereof in terms of the decisions that we speak to this? make in this Honourable House, because it is my fer- vent belief that any decision that we make here has Hon. Patricia J. Gordon-Pamplin: Yes, Mr. Speaker, got to be made for the better good of the entire coun- it is MP Gordon-Pamplin. try. So, I am not holding it against the existing owners, who were the highest bidders, who were the success- The Speaker: Yes, MP, go right ahead. ful acquirers of this property. I am not holding it against them—what they look like. But I just wanted to Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. point out the dichotomy of the Minister’s statement Speaker. talking about the people who started it and now the Mr. Speaker, I, too, wish to add my vote of people who are coming to him for special develop- thanks to the Minister for enabling a consultation pro- ment. There is no difference. cess to occur between his technical officers and us in And, yes, we acknowledged and recognised, the Opposition so that we had a better understanding as my colleague has indicated, the history behind the of the underlying challenges in respect of this particu- exclusivity of who could and could not go to Riddell’s lar development, the steps that have been taken, and Bay way back when. However, this SDO has with it a the purpose for which the Minister has seen fit to be commitment that there would be public access, public able to make an approval or to make a recommenda- meaning that anybody would be able to, within certain tion for the special development order in respect of constraints, because we recognise, certainly, that with this property. areas such as nature reserves and such there is an I want to also go back, Mr. Speaker, to the ecological balance that has to be struck. And, clearly, Minister’s opening salvo in which he spoke about the we do not want to upset that ecological balance by history of the property. And my comments are actually determining that anybody can go anywhere irrespec- going to mirror those of my colleague, so I do apolo- tive of the zoning of that particular area. However, the gise if it appears to be duplication. But I believe there Minister indicated that there is, and my colleague re- are some things that need to be said more than once ferred to this, a letter of commitment by the develop- in order for them to make sense. ers. So, in the early 1900s when the Act was put in And I am going to underscore and reiterate place for the development and the creation of Rid- that this is a cause of concern. The cause for concern, dell’s Bay, the Minister has indicated that it was as has been articulated, is exactly the fact that a letter closed to the majority of Bermudians. And it was ac- of commitment is not a contractual obligation. And cessible through membership and exclusivity by peo- while this property is privately-owned property and ple, for the most part, who did not look like most of us there may be certain legalities (I am not a lawyer) sur- sitting in front of these cameras today. There had rounding what the Government can or cannot de- been, towards the late 1990s, if not early 2000, some mand, the fact that this property was acquired as rec- Bermuda House of Assembly Official Hansard Report 17 July 2020 4453

reational space with no promise of it being developed mitment that they put in their letter in terms of access or developable in whole in terms of residential struc- to the public. ture . . . and I am not sure that I understand that if the I realise that at the moment, as we speak, developers are coming to the Government to ask for a parts of that property have been closed off, and it is special dispensation, that the Government cannot now not accessible to the public in certain areas. So, I demand of them to ensure that it is enshrined in the am not going to . . . and I understand that because at legislation in respect of the public access. Because the moment this is privately-held property, and if what we do not want . . . we can be assured that with somebody who owns a privately-held property choos- the 18 lots that are there for construction that we may es to chain off their access point, it is their decision be challenged to find a complete or a representative and their discretion so to do, in my opinion. However, demographic mix, as we have in Bermuda as a whole. to come to the Government to ask for a special dis- So, I do not want to sugar-coat that aspect of pensation, I believe that those railings and those it, Mr. Speaker. I think it is important that we realise fences perhaps need to come down, and that there is that a letter of commitment is today’s commitment by something that is enshrined so that somebody some- today’s people. And what is going to happen when where down the road does not change their mind. today’s people move on and tomorrow’s people, who Now, the Minister also, in giving the history of are the beneficiaries of today’s people who now own this project, Mr. Speaker, indicated that under a previ- this property, step in and make the determination, ous administration when this matter was brought to a Well, you know what? This is our property, we have previous Minister, that previous Minister sought to ap- the title deeds and we also have the developer’s . . . prove a development of sorts or looking at this . . . I do the people who have developed the property have got not know the exact determination that was made at their money, so it has been sold off. They have the that point in terms of how far down the path [this] was deeds to the plots which they have purchased. So, the travelled. But the Minister suggested that the former whole thing fades into oblivion from the perspective of Minister was going to approve whatever he was going what today’s letter of commitment says. Because to approve, solely as the Minister, as opposed to go- when you now sell off these lots, who is to say that the ing through the process of a special development or- purchasers of these lots are not going to change their der. minds about who they want wandering around in their We recognised that the Development Applica- front yards, in terms of the area that is going to be tions Board did not have the authority and, in the lack publicly accessible? of their authority would have shown that something is Looking at the plot plan, as has been shared deficient in the DAB. And my honourable colleague with us, Mr. Speaker, there is conservation area, a spoke to it most eloquently by saying we have got to Nature Reserve, recreation and woodland areas. But fix that aspect of it as opposed to bringing something the properties that will be developed are along the in front of a Minister to consider an SDO, bring it to fringes, along the perimeter of those protected areas Parliament for its scrutiny, when the technical officers or rezoned areas in the middle. And it is not going to are the ones who have all the expertise. be long, I would hazard a guess, that somebody is So, I fully accept and expect that we are going going to make the determination that, I don’t want this to have some kind of change to the legislation in re- person setting up their picnic table on the public as- spect of enhancing and clarifying the powers of the pect of the land because it just happens to be outside DAB so that they are not put in a situation going for- of my house. ward of having to make a decision that maybe they And that is not an uncommon experience that would have agreed with 100 per cent, but found that we have had with people who have certain privileges their hands were tied with making the decision. And or take certain liberties because they believe that they by not being able to make the decision, it fell to the can have these privileges, Mr. Speaker. purview of the technical officers, who have done a So, I am extremely concerned—and we did sterling job in this. I have to applaud the work that bring this up with the Minister, so we are not blind- they have done. siding him with this comment or observation or con- You know, as we spoke with those technical cern—that the public accessibility ought to be en- officers I realised, Mr. Speaker, that those technical shrined in the SDO. The purchasers knew that they officers have a passion about this project because had something that they were not able to develop at they believe in the ultimate outcome. They believe the outset and they are now receiving special dispen- that the idea of protected areas, such as woodland sation to be able to develop. reserves and open spaces and recreational spaces So, if they know that they are going to get and nature reserves, is in the better interest of the something of this property that they did not have, did country. not know was possible, and did not think that they Mr. Speaker, I am a lot of things. Hypocritical would get at the outset, then I think that they should, is not one of them. So, in this instance, when we are at the very least, agree to the Minister enshrining in talking about allowing the ability to have construction the SDO the restriction when it comes . . . the com- done, we recognise . . . and in a way I am almost sor- Bermuda House of Assembly 4454 17 July 2020 Official Hansard Report ry for the Government because, up until this point, across to me . . . I am not saying that the Minister had there has been such a [causality] of ideas by the Gov- that intent. I am just telling you it came across to me ernment in trying to find something that would assist that something untoward might have occurred under the economic stimulation for the economy. So, I am . . . when the previous Minister was looking at this— not, on the one hand, going to criticise Government for having no ideas for economic stimulation and then Hon. Walter H. Roban: Point of order, Mr. Speaker. try to knock them down on the other side by saying Point of order. that I am not going to agree with what they are doing, because that would be hypocritical, Mr. Speaker. And, Hon. Patricia J. Gordon-Pamplin: It came across as I said, hypocritical is not one of the things that you that way— would append to me. However, Mr. Speaker, I think that what is im- Hon. Walter H. Roban: Point of order, Mr. Speaker. portant is that when the Minister found himself in the situation of having to look at an SDO and that, when The Speaker: I will take your point of order. he . . . the fact that he felt the necessity to bring in the vehicle that was available to a previous Minister . . . I POINT OF ORDER have to say that I sat in Cabinet for the entire time of [Misleading] the previous administration when this deal all went through, and I do not remember any specifics about Hon. Walter H. Roban: I believe, Mr. Speaker, that this. So, clearly, whatever happened with it may not there is a bit of misleading the House going on here. I have reached the stage of advancement to the point am stating what is public record. I am not stating that it became something for us to consider. So, the something clandestine. This is a matter of public rec- development of it was kind of new in terms of where ord. That is why we are aware of it; it is a part of the we are at the moment. But the Minister made it ap- record of the transactions around this property pre- pear . . . and he may not have intended so, but the ceding myself. way it came across was that there was some clandes- tine motivation on behalf of the Minister of the day in Hon. Patricia J. Gordon-Pamplin: Mr. Speaker— terms of being able to look at this project and— The Speaker: Thank you, Minister. Hon. Walter H. Roban: Point of order, Mr. Speaker. Point of order. Hon. Patricia J. Gordon-Pamplin: I accept that, and I will move on because there certainly is no intent to The Speaker: I will take your point of order. malign the Minister or to suggest anything negative in terms of his comments, which he says are public rec- POINT OF ORDER ord. I just found it interesting, his necessity to under- [Misleading] score that bit, that he was going to do it—the previous Minister—all by himself without utilising the vehicle Hon. Walter H. Roban: Mr. Speaker, the Honourable that is available through the Planning discipline to be Member . . . and I do not believe necessarily that the able to bring this via SDO to the House. That was my Honourable Member is doing this purposely, but she only reason for making that comparison. So, I think it is [not only] unintentionally misleading the House, but is important. also implying improper motive of myself, as if I am The other thing that I was concerned about, trying to do something clandestinely. And I do not be- Mr. Speaker, is that, apart from the objectors who lieve that is in the spirit with which I have given this submitted their objections, we had the opportunity to presentation and I think it is unfair for the Member to speak with the Minister and to ask whether he had the suggest that. opportunity to meet with any of the objectors personal- It is definitely misleading the House, Mr. ly. At the time that we met, the early part of this week, Speaker. he had not met with any of the objectors. And so, I said to him, Does that mean that, notwithstanding that Hon. Patricia J. Gordon-Pamplin: I accept— there were objections . . . and I just want to make this clear in terms of the process, that notwithstanding that The Speaker: Honourable Member, at this point I there were objections, the Minister did not meet with think the comments on both sides—your previous col- those objectors. The Minister very clearly advised that league and the Minister—have been pretty favourable. he has looked at the objections as they were proffered to the department and it is based on those, he evalu- Hon. Patricia J. Gordon-Pamplin: And Mr. Speaker, ated the objections . . . and this is just being positive I am also very favourable. I am just saying that when to the Minister, to say that he is taking it step by step. the Minister gave his remarks he was . . . careful to I do not want to think that anything . . . there is note the history. And I am just saying that it came no “but” coming behind this statement, Minister. I just Bermuda House of Assembly Official Hansard Report 17 July 2020 4455 wanted to say that this was a concern of mine, wheth- So, Mr. Speaker, as my colleague has indi- er he met with the objectors. And in not meeting with cated that he has given his observations and his the objectors, up to the point in time at which we comments in respect of this. We actually had the op- spoke . . . I am not certain what has happened subse- portunity to meet with the developers as well, with the quent to that because that meeting with us was may- owners of the property as well. It is always important be Monday or Tuesday, and a week is a long time, to us that we hear both sides of the argument. So, to especially a long time in politics. But I did want it to be be able to meet with the owners and to understand known for the record that we did ask the question. the history from their perspective, to meet with the Because it was important for us to fully understand the objectors to understand the objections from their per- process— spective, and to meet with the Minister and his tech- nical people to understand the work and the process [Inaudible interjection] that they have undertaken in respect of this process, then we certainly feel that it has been fully considered Hon. Patricia J. Gordon-Pamplin: —the means to let at this point in time. us know. Whether, in the final analysis, we will end up Mr. Commissiong, your microphone needs to with exactly what we are hoping for, remains to be be muted please, sir. seen. Nothing is certain. But I have always been In the meeting the Minister did let us know made aware that if you do today what others don’t, that he was very careful to take into consideration the you will have tomorrow what others won’t. And if you content of the objectors, whether he met them face to do the same thing today that you did yesterday, then face or not. That was his prerogative so to do and he your tomorrow is going to look exactly like today. And chose to do that. I do not even know whether any of I think, Mr. Speaker, that what we have seen for the the objectors requested to meet with him. I do not last three years of this administration is that they have know that. But it just seemed to me that a natural step done daily what they did the day before, so there has would have been that those meetings would have oc- been no measurable progress for the people of Ber- curred. I think the technical officers certainly have the muda. capability of evaluating and maybe putting into certain So, if this is the first step in that direction, then types of objections, whether the objection was the I believe as an Opposition we have to be able to sup- development, whether the objection was the fact that port it. However, the evaluation of the amount of it was going to be private, or part of it was going to be benefit that will go into the economy . . . the Minister . . . I do not know what the objections all were. We indicated $75 million, or about that, hoping that there have not seen all the objections. I have not seen all would be about $75 million of contribution to the the objections, but I certainly understand that the Min- economy as a result of this. My Shadow Minister has ister has indicated that he has carefully evaluated heard numbers between $45 [million] and $75 million, those objections. as you have heard. Then I just think that the number Let me also say, Mr. Speaker, that the injec- remains to be seen. But the only concern at the out- tion into the economy, the Minister indicated a number set, of that number, looking at the real estate aspect of about $75 million through construction, landscape, of it . . . I guess I do not want us to be overly optimis- real estate and other sort of auxiliary services sur- tic. I do not want us to be overly optimistic of realising rounding the actual development. And we have been what we look at now as being the possible economic screaming for inward foreign investment. So, as I said, input into our community. I could not, on the one hand be asking for something And I say that because you will know that real and then, on the other hand criticising if it does hap- estate, at the moment, without the effective change to pen, because we need construction jobs, we need our immigration, it is going to be a problem. And I do not people to be working, we need something that is go- like to sound like a broken record in that respect, but ing to give a boost and give a shot in the arm of our there is virtually little that we do that does not link in economy, which for the past three years—COVID together. And we have a significant number of hous- aside—was in freefall prior to the challenges that we es, even high-end houses, that are on the market. I have had with COVID and the additional money that understand that this market is just beginning to show we have had to expend in that regard. some green shoots, but it is not robust at the moment, As it was told to me, Mr. Speaker, our country it is not galloping. It is just very gently trudging along. is on the second swirl down the toilet. And you know, So, to put more lots [on the market] on which when we get to that stage—that second swirl—there luxury homes are likely to be built . . . and whether it is is not much left to hold on to. So, that is the light in going to be one per lot or whether they are going to which we were seen as a country, we were effectively purchase two lots, and whether we end up with 18 holding on for dear life. So, it is important that there is new construction developments or whether we end up something that helps to boost us as a country and to with 10 or any combination thereof, there certainly will shore us up so that we do not go down with the third be jobs in terms of the agricultural section. Because swirl. the landscaping that is going to be required to ensure Bermuda House of Assembly 4456 17 July 2020 Official Hansard Report that this real estate, whether developed or undevel- As was said by my colleagues, yes, we do oped, and the property . . . the conservation areas and have to review the process of DAB approvals when it the areas that we are now creating, both in terms of comes to these types of projects. And— Nature Reserve, recreation, woodland and the likes will have to be maintained and they will not be kept in Hon. Walter H. Roban: Point of order, Mr. Speaker. a pristine condition. Point of order. The only thing else that I wanted to mention, Mr. Speaker, in that respect, is with the 23 acres of The Speaker: Yes? residential. Understandably, they are perched on the best part of the property, obviously to maximise the Mr. N. H. Cole Simons: What is the point of order, value of the site itself. I think the Minister indicated . . . Mr. Speaker? I just said I suggest that we review the I just have to go back to the SDO, that there is a 10- process. I am not making any allegation— year period of time within which the development would have to be completed. I believe that is what the Hon. Walter H. Roban: Mr. Speaker, it is my point of Minister said. He can correct me when he comes order, it is not Mr. Simon’s. back, if I am incorrect. But I think that given what we are seeing with this development, given the process The Speaker: Yes, Minister, make your point of order. that has been gone through, given all of the steps, one by one by one, the only thing that I could say is POINT OF ORDER that when we look at the Morgan’s Points of this [Misleading] world, when we look at the other developments that have been had that have not been able to continue to Hon. Walter H. Roban: Mr. Simon is misleading the drive the economy in any way, shape or form in terms House. of how the real estate market is doing, I just shudder a little bit and caution a little bit that we not be overly Mr. N. H. Cole Simons: I am not misleading— optimistic of the amount of economic activity that will come from this into the economy. The Speaker: Let him make his point of order, please. That said, Mr. Speaker, I believe that my comments have been exhausted. I thank the Minister, [Crosstalk] again, and the technical officers for their work that they have put into this. But it is vital, Mr. Speaker, that Hon. Walter H. Roban: [INAUDIBLE] my point of or- we go back to the requirement to have this private . . . der. I am sorry, this public access enshrined in the SDO The DAB process around all applications is and not left to somebody giving a letter of commit- clear and transparent and supports proper develop- ment. And I do not, for one second, question the intent ment. This is the same process that would have been of the developers today. That is not my concern. It is afforded to him, as Environment Minister, and every what happens when they ride off into the sunset and Environment Minister under the previous administra- somebody else may have a different thought. tion. Certainly, if there was a review process needed, So, with those few comments . . . maybe not he himself and other previous Environment Ministers so few, but with those comments, Mr. Speaker, I will would have instituted it. permit others to contribute to this debate. I reject that this process needs to be re- Thank you, sir. viewed, Mr. Speaker. That is misleading the public as to the integrity of the process. The Speaker: Thank you, Honourable Member. The Speaker: Thank you. Mr. N. H. Cole Simons: I would like to speak, please. MP Simons?

The Speaker: That sounds like Mr. Simons. Mr. N. H. Cole Simons: Yes, Mr. Speaker, I would MP Simons? like to continue.

Mr. N. H. Cole Simons: Yes, it is me. The Speaker: Yes.

The Speaker: You have the floor. Mr. N. H. Cole Simons: There has also been talk about the letter of intent and why it was not embedded Mr. N. H. Cole Simons: First of all, I want to make it in the SDO. Let me make it clear that the people be- abundantly clear that I support this SDO, but I do have hind this project are in the well and I asked them reservations. I have reservations. But before I get to about this letter of intent and as far as they were con- my concern I would like to make some clarification. cerned they were doing as what was asked of them. They wanted the letter of intent to be a part of the Bermuda House of Assembly Official Hansard Report 17 July 2020 4457

SDO, or it can be included in the SDO proper. In fact, cess to this Nature Reserve and park is a benefit to I understand they have sent a letter to confirm their this country. It is a health benefit, it is a social benefit, agreement to be in the SDO because they bought a and it is a place whereby recreational activities will be piece of property also as a commitment to provide able to take place. And if a family wants to take the access to open spaces. walking trails and walk over the 83 acres, they proba- And so, I am not that concerned. I do not think bly can. we want to question or doubt the integrity and what Mr. Speaker, I had a tour up there two weeks the intent was for the owners, Mr. Speaker. ago and, as far as the conservation management plan Mr. Speaker, as I said, they have indicated to is concerned, they have a robust one. They are work- me they thought that the public access was going to ing with David Wingate. David Wingate is involved be in the SDO. But it is not. They were just following with the Nature Reserve and the preservation of the what they knew because they are not experts in this flora and fauna. You have a number of mangroves up field. But as I said—the letter of intent—they have there and he is helping the developers with that. He is asked that it be part of the SDO. So, that is just some- also working with local landscape designer David Cox. thing that the Government can consider, because they And so, to me, this is a truly, truly, Bermudian initia- purchased it as a gift to Bermuda, as far as access is tive. We do not have expatriates coming in to work concerned. this project. This is a Bermudian project with a few So, I just wanted to clarify that, because I foreign investors to begin with. have recently spoken to the developers on this matter Mr. Speaker, the developers are Bermudian. to get some clarity because it just did not seem right They are committed to Bermuda. They have young knowing the players, Mr. Speaker. So, I would like to children. And to show how committed they are in re- have cleared that up for the House of Assembly in that gard to this project, when the 18 lots of land are sold way. and the buildings are built, the residents of the estates Now, Mr. Speaker, we spoke about the histo- will pay a management maintenance fee. And part of ry. When I first heard about this project, I, too, was that management maintenance fee will go into a $3 intrigued and reflected on the chequered history of million trust that will be used to provide the resources Riddell’s Bay. to manage the conservation spaces going forward. Mr. Speaker, I would ask, like many Black They are serious about preserving the open spaces Bermudians, why should I feel guilty if I am going to and the conservation lands for the next few genera- walk or drive through Riddell’s Bay? No one is stop- tions. They have an irrevocable trust, as I said, that ping me. But because of the legacy, I feel like I am will provide the resources to sustain and manage the trespassing on somebody’s property. When you go open spaces, manage the reserves, and manage the down to Tucker’s Town, they still have the barricades other conservation features that are attached to this up—part of Bermuda. You still can’t go through there project. in 2020. To me, those vestiges of separatism should So, I have no doubt that the intent of the de- be addressed, Mr. Speaker. velopers is twofold, yes, to make some money (and Mr. Speaker, it is called “chequered institu- you cannot knock that). I mean, at the end of the day, tional racism.” And so I do not believe that in 2020 I there is approximately 93 acres there, of which 25 per should feel guilty when I take my grandson or my wife cent is going to 18 lots and, as my colleague, Mr. and family out to an open space because it was pri- Richards said, there may be only 13 developments vately owned and because it was segregated in the because they are encouraging possible investors to past and because I have a sense . . . I am not saying invest in two lots. So, you might get 13 new houses on that it is, I have a sense—that I do not belong out 93 acres and 75 per cent of the development is for there. conservation purposes. So, when I heard that the developers were Mr. Speaker, to me, this is truly a gift to the purchasing this from the liquidators and their first pri- people of Bermuda. It is a gift from private landowners ority was preserving conservation spaces, I said, You who have made a commitment to Bermuda and a have me on board. Because, as you all know in this commitment to sharing this pristine property with the House, and I think most people know, I am very com- people of Bermuda. And they are committed to having mitted to the environment and conservation. their commitment to maintain access to the people of Mr. Speaker, as I said, this is a gift. And if we Bermuda in the SDO. It is not their issue that the ac- compare the size of the lot to other National Parks cess to this property was not included in the SDO be- and other Nature Reserves, you will be astounded to cause the access, in their mind, could be included in see how big this is. And I will start from one of the the SDO with no objection from them. smaller ones. The Arboretum, Mr. Speaker, is 22 There are a few other things that I would like acres . . . that is part of a Nature Reserve. The Paget to speak to, and I am just going to go through my Marsh is 25 acres. The Botanical Gardens is 36 acres. notes, if you will allow me a second, Mr. Speaker. Southlands is 37 acres. Spittal Pond is 64 acres. Mr. I have heard a lot about the objectors and, Speaker, Riddell’s Bay is 66 acres. So, to have ac- you know, when we have SDOs, we do have objec- Bermuda House of Assembly 4458 17 July 2020 Official Hansard Report tors. And we have an objection process, as the Minis- Hon. Zane J. S. De Silva: Yes, I did. ter said, and you go through the objection process. The other issue is you cannot halt the devel- Mr. N. H. Cole Simons: He said he was going to par- opers from developing and investing in this property ticipate. as a commercial interest, because they purchased it from the liquidators of Riddell’s Bay. The liquidators of The Speaker: He indicated that he was involved in Riddell’s Bay, through an open tender process, invited the process. other investors to buy the property. I do not know what happened, but it was an open process and they were Mr. N. H. Cole Simons: Okay, I accept that. the highest bidders and they took title of that property legitimately. If there were people who felt— The Speaker: And without having evidence in front of us on either way. I am just going to say be mindful of Hon. Zane J. S. De Silva: Point of order, Mr. Speak- your comment in that, if he did participate in it and you er. and I did not, he would at least know the terms under which he was participating. Mr. N. H. Cole Simons: Continue . . . point of order. Mr. N. H. Cole Simons: I accept that. The Speaker: Continue your point of order, yes. The Speaker: And I cannot speak to that. POINT OF ORDER [Misleading] Mr. N. H. Cole Simons: I accept that. But I will go on to say that was just part of my Hon. Zane J. S. De Silva: The Honourable Member, I comment. So I will go on to say, if they had thousands do not know if intentionally or not, may be misleading of objectors, then those thousands of objectors could the House. That was not put out to open tender. have gotten together and purchased the property from the receiver. That is my point. The Speaker: Thank you. Member? The Speaker: Mm-hmm. Okay.

Mr. N. H. Cole Simons: I am not retracting, I have Mr. N. H. Cole Simons: They could have purchased it heard what he said and I will continue, Mr. Speaker. from the receiver, but they chose not to, for whatever So, Mr. Speaker, in addition— reason. And so, these Bermudians put together a pro- Hon. Zane J. S. De Silva: A point of order, Mr. posal and gathered other Bermudian investors to buy Speaker. Point of order. this property for a business proposition and, also, to provide a gift of conservation land to Bermuda—a gift The Speaker: Point of order. of access to conservation land to Bermuda. There was also concern, Mr. Speaker, about Mr. N. H. Cole Simons: Can he— closing the reserve. The reserve is sensitive. There are flora and fauna that are protected, that are on the POINT OF ORDER endangered species list, and that area will be closed off on an intermittent basis depending on the breeding Hon. Zane J. S. De Silva: The Honourable Member season, depending on the growth of the mangroves must retract that because it was not an open tender and the ecosystems therein. So, yes, because it is a bid. It was not. “reserve” they reserve that option for the benefit of protecting the Nature Reserve and the flora and fauna Mr. N. H. Cole Simons: Can you— that are found in that ecosystem. But like I said, you still can go in there, schools can go in there, students Hon. Zane J. S. De Silva: And I am saying that from can go in there, the environmentalists can go in there, personal experience. As one of the possible purchas- to have a look around when it is appropriate in a time- ers for it I can tell you it was not an open tender. ly fashion. Mr. Speaker, I think those were my main is- Mr. N. H. Cole Simons: Present the evidence, Mr. sues. As was said, you know, I take my colleague’s Zane DeSilva. comments about will they be able to sell the 18 lots. That is yet to be seen. But, as was said by the Hon- The Speaker: Okay. We do not have in front of us ourable Patricia Gordon-Pamplin, if this is the first any documents to support or deny that, other than the step of the PLP Government’s initiative to infuse new fact that the Honourable Member said that he did par- capital in this country, then I support it. Because, at ticipate in the bid process. this point in time, there is nothing else coming down Bermuda House of Assembly Official Hansard Report 17 July 2020 4459

the pipe as far as new inward investment. And so, I father as a police officer would drop me off at about know these developers have access to investors be- 7:30 on his way to make the eight o’clock shift in cause of the nature of the businesses that they own Hamilton. And I would walk up to Belmont. And if I did and so, if we can get some of their investors to Ber- not get a rip with the hotel guests at Belmont, I would muda because they are all in the high net worth walk up to Riddell’s Bay at about 11:30 and I would space, then it would enure to the benefit of this coun- get a rip, I would get a caddy in the afternoon at Rid- try from a social/economic point of view. dell’s Bay. This would be about 1972 or thereabouts— There will be jobs. There will be jobs at Rid- 1971 or 1972. dell’s Bay in regard to property maintenance, to open Mr. Speaker, little did I know at that time that spaces, the Audubon issues, the coastal protection my path would be intertwined with golf and that I issues, the Planning issues, the construction compa- would be in my 60s carrying the message of those nies and so forth. So, this would be a boost to our who were denied the opportunity to play Riddell’s Bay economy. I mean, in the past one would have said, and other courses in Bermuda because they were okay, well, if the economy was doing well, then we Black. I found it interesting that no less than three may not have looked as favourably from an economic speakers . . . and the last speaker coined a new term point of view. But at this point, there are no other ma- “chequered racism.” Well, I was going to look up the jor players coming down the road that are going to definition to see if I was missing something. Riddell’s provide that type of capital between $75 [million] to Bay did not practice chequered racism, they, in the $20 million as an infusion to our economy. words of Ira Phillip (who used to write for the Bermuda So, Mr. Speaker, I am supportive of this pro- Recorder) . . . and he knew many of the stories of my ject and I want to also make sure that it is clear that Uncle Herman “Santucci” Bascome, “Tucci” they the developers are committed and have put in an in- called him, the greatest golfer to ever play Riddell’s frastructure to ensure that access to the community is Bay, they practiced “rigid racism.” It was a rigidly seg- preserved for generations to come. It is not their fault regated society who, when the Minister opened, refer- that the access was not included in the SDO because encing the Act of 1925 in which Riddell’s Bay was af- they thought it was going to be included in the SDO. forded public money, they were so blatant in those So, with those brief comments, I would like to days that they could come to this House and get pub- reiterate my point. I support this endeavour and I will lic funds—and the Acts are there, the statute books be voting in favour. are available today. And then outwardly and openly Thank you, Mr. Speaker. deny persons from expressing their talents because of the colour of their skin, because they were Black in The Speaker: Thank you, Honourable Member. Bermuda. Are there any other Honourable Members And I am looking, Mr. Speaker, at a picture of who may wish to speak? my late Uncle Herman Bascome, Herman “Tucci” Bascome, and that picture I share with you, Mr. Mr. Hubert (Kim) Swan: Yes, Mr. Speaker. Speaker, is the taller gentleman, Herman “Tucci” Bas- come. In the background are the tennis courts at Rid- The Speaker: Yes, Honourable Member, you have dell’s Bay where the putting green is today. The young the floor. man in the picture is the late Mr. “Grapes” Raynor, Mr. Raymond Raynor from Raynor’s Garage. Mr. Hubert (Kim) Swan: Good afternoon, Mr. Speak- His children, one or two of them, may even be er. listening because his brother is Eldon Raynor, the great cricketer. All of them . . . all of those young Ray- The Speaker: Good afternoon. Mr. Swan, just a re- nors used to come caddy as well. My Uncle Herman minder, if you can, use the video. was a revered golf player in Bermuda along with the late Bill Pitt, Sr., along with the late Earl Lowe and Mr. Hubert (Kim) Swan: Is it on? George Lowe (the father of our late Speaker Stanley Lowe). They were Riddell’s Bay players, accom- The Speaker: Yes, it is. Now it is on. plished players. Their history connects with the leg- Actually, you need one of these—yes? endary Joe Louis. There is a photo of them together, Mr. Speaker, with Joe Louis and the likes that I feel Mr. Hubert (Kim) Swan: Thank you, Mr. Speaker, duty-bound to share, Mr. Speaker, because this photo blue and blue all day. has those very Riddell’s Bay golfers right here, Mr. Mr. Speaker, I am duty-bound to speak to this. Speaker. There they are, those Riddell’s Bay golfers And I will start off by providing a bit of historical per- with the heavy weight champion of the world, and to spective. Because, for me, when we talk about Rid- his immediate right is Bill Pitt, Sr., the one at the very dell’s Bay it is very personal. And I declare my inter- end is the big Herman “Tucci” Bascome (bigger than est. I declare my interest that as a young boy I cad- Joe Louis), to his other side are the two Lowe broth- died at Riddell’s Bay. I would go to Belmont first, my Bermuda House of Assembly 4460 17 July 2020 Official Hansard Report ers, and on the end is the legendary Louis Rafael ber gave a point of order on Mr. Simons, but there is Corbin from St. George. an article in the Royal Gazette, if he cares to go back And Bermuda golfers were celebrated; they to that, that speaks to Mr. Zane De Silva, the Honour- were talented. And, you know, when you talk about able Member from Southampton East, the same con- golf, that period in 1925 was the period when Bermu- stituency across the way from Riddell’s Bay where da was going through a renaissance of a new birth, most of those persons who were coming there to vote but Blacks were not included in that new birth. When for him are descendants of the very people who were you talk about property and the Opposition talks about denied the opportunity to ply their trade and their tal- a chequered past, I am calling it an overtly racist past, ents internationally. Because internationally, at that because golf courses became the product which time, there was a Caucasian-only rule in effect for the upped people’s values. And I wish I had the resources top golfers in the professional ranks in Bermuda, and to be able to tell you who actually owned all that prop- it coincided with the existence of racist practice in erty at Riddell’s Bay before it became the golf course. Bermuda. Now, personally, Mr. Speaker, as you know, I And that is certainly, certainly, something that declare my trade as a professional golfer who has has its presence in modern-day society because as been a member of the PGA European Tour. I say that people in the Caribbean—our brothers and sisters and because there are people who will want to diminish family down in the Caribbean and around the world— that because, you know, the residual of that overt rac- are looking at reparations in a real way, what form ist past still lingers on today. We only have to look at does that take? Because, as we look at properties every statistic in this country as it relates to economics across Bermuda, and look at who may have had the and you would be able to see that its existence runs waterfront properties at one time and then were sys- very rampant in this country. And when we have per- tematically displaced into more congested areas of sons who are going to refer to it as a “chequered past” Bermuda, that contributes to the fact that in a country rather than call it what it is, it has the opportunity to where you could have as [much as] upward of 60 per live on, even though we may really want it to go away. cent of the population Black—and yes, upward of We cannot wish it away; we have to do things to make 60 per cent of the population Black, because when it go away. you do a census, you take every person who is actual- The Opposition today has said, Listen, maybe ly in Bermuda. But when you look at every Bermudian it needs to be written in the Order and the like. Let me in Bermuda, that number becomes greater, that per- tell you how I personally feel. The way I feel about centage becomes far greater. Riddell’s Bay, I feel that some monument honouring And that institutional economic side of racism, Herman, honouring George Lowe, honouring Earl which was born out of white supremacy . . . that is the Lowe, honouring . . . well, Leonard Jones and Earl truth. That is what it is. That is what we have to grap- Anderson were Belmont golfers, that is a story for an- ple with. That has been passed on to generations. So, other day. But these Riddell’s Bay players—Mr. the Kumbayas of the world as it relates to how we Crofton, the father of Alex Crofton—the Riddell’s Bay tackle this is causing us more harm than good, I would golfers that were openly denied, we need to have respectfully submit. something there, within those confines, that could I would take that suggestion, Mr. Speaker, honour their legacy. and I will talk to my colleague about it, because, in my That very picture I showed you, we could start heart I know that I celebrate the Minister of Culture with those pictures that are there, because at that time and how she is working hard to capture that forgotten when Bermuda was building Riddell’s Bay and simul- history. But there are many heroes and she-roes up taneously developing Mid-Ocean, they were displac- and down this country that we need to celebrate as ing the Black community who had properties for farm- well. And this presents an opportunity . . . this pre- land. And let us not forget Salt Kettle. Herman was sents an opportunity for us in Bermuda, as we are taught by Earl Anderson. Earl Anderson was my looking at this redevelopment opportunity at Riddell’s grandfather’s first cousin. The Andersons came from Bay. Salt Kettle. Oh, but they must not stay. There was But I must underscore that the Honourable displacement in prime properties across this country Zane De Silva . . . when he put his bid forward, I re- and there is a commission looking at that. And there member some of the utterances that were taking are people that do not want that looked at, even peo- place on the blogs and some of the whisperings that ple that look like me, as well, [who] do not really get he was . . . it was even happening at the golf course. as passionate about those wrongdoings as I do. But I Oh, he’ll develop it all. I know one thing. He loves golf. hold within my heart a responsibility to those persons We would not have the Bermuda Championship if it who taught me and made it so that they shared their was not for the Honourable Zane De Silva and my hurt and pain. good friend and his good friend Patrick P. H. Horgan And Mr. Speaker, as we talk about the Rid- III (whose parents honeymooned in Bermuda in the dell’s Bay, Riddell’s Bay had the opportunity to remain 1950s). We would not have that love that they had for an 18-hole golf course today. The Honourable Mem- golf. Bermuda House of Assembly Official Hansard Report 17 July 2020 4461

So, Riddell’s Bay was developed and de- this country in the 1960s and 1970s and told people, signed by one of the greatest golf course architects of Well, I wasn’t a part of that. I came here from Eng- all time. And that was Mr. Devereaux Emmet. And he land, you’d have to look at somebody else’s family. was connected, Mr. Speaker, with Charles Blair Mac- What they did is they saw a system that would benefit donald who developed Mid-Ocean Club. And if you them if they turned a blind eye, no matter if they were look through that same statute book you would see labelled when they got off the plane, they were not that at Mid-Ocean Club Charles Blair Macdonald had labelled when they stayed in Bermuda for over a year. a property that we had to pass a statute for after he And I have lived long enough to see that and experi- died, a Bill to be able to allow his non-Bermudian and ence that. And I can name people that became that, non-British offspring to inherit. That is the type of thing and it is a shame. That is the challenge to our humani- that went on. I am half interested as to whether or not ty that we must delve into. That is why a shrine hon- that same property, in the context of that, was one of ouring Herman “Tucci” Bascome and Earl Lowe and the homes that was owned previously by Black Ber- George Lowe (I am calling the Riddell’s Bay boys’ mudians—a Lambert, or a Burgess, or a Talbot or a names first) Lew DeRosa (I am calling their names Smith—who were moved out of Tucker’s Town. first), Mr. Crofton, Alex Crofton’s father, those are the So, Riddell’s Bay would have been celebrat- people that we need to honour in that shrine in some- ing their centenary in 1922 and, as one who appreci- where that is going to be there because their spirits ates golf history and appreciated the design are there and their spirits will always be there. Devereaux Emmet, it was a very clever design on a As I said when I started, Mr. Speaker, I wish I short seaside windy golf course and had very many knew the history of Riddell’s Bay before 1922, be- hidden gems of areas there. I was very saddened that cause I know enough about it since 1922. Out on the this was lost. But any person who owns property end it is called Burgess Point. You have Perot’s Island around there today knows that when Mr. Zane De Sil- just not too far from there. And we know the families. va put his application in, he was looked at more [as] We know the Darrell family across the way. Mr. Darrell Zane De Silva, PLP. So, you could say that, oh, well, went to his grave, you know, carrying the same type you know, it was two people of like that were looking of spirit that I am carrying on behalf of Herman and at it or the like. But the truth is that when you become Earl Lowe and Earl Anderson and George Lowe and Zane De Silva, PLP, it is a lot different than someone Bill Pitt, Sr. and Louis Rafael Corbin. else who may not be associated with the Progressive So, we have an opportunity. We have an op- Labour Party. portunity, because we do not know the truth, and peo- History is important. And when we do not em- ple are afraid. People that have those properties, they brace it and truly take the opportunity to delve into it, are afraid that people are going to uncover what I am we could end up making the same mistakes. This Or- asking today—who owned it before 1922? Why was it der before us today is a teachable moment. It is a so that they needed to go to the Government at that moment when my Uncle Herman Bascome, at least, time? All those types of questions are questions that will get his name and his picture mentioned in Parlia- inquiring minds need to know when it comes to this ment and tabled in Parliament. Because someone felt particular area and era. it not robbery, Mr. Speaker, someone in this country But for those who love golf like me, who are . . . many people in this country felt it not robbery to crying because the 1922 Riddell’s Bay cannot be cel- make laws that prevented him, both in Bermuda and ebrated because there is no golf course, need to ask in America, Mr. Speaker, [caused] him to be denied themselves what went through their minds when Zane the opportunity to do what I was allowed to do. And I De Silva, PLP, developer, successful businessman in tell people, when I was doing it, I was far more . . . he this country, put his name forward to own that proper- was far more talented than me! I can look up to him in ty and develop it. Because those same persons did many ways. That is the reason why I can carry his not lose sight that they would like a golf course. They spirit here today. And he was taught by someone else, just did not want that golf course to be associated in a man who gave his name up to go into the church, any way . . . why? Associated any way without the Earl Anderson. And they used to play Riddell’s Bay, type of construct that they had become accustomed Mr. Speaker, at the crack of dawn on Sunday. to. And that is where white privilege comes into play in And my Uncle Herman Bascome had the op- this country. portunity to shoot a 59 at Riddell’s Bay on the 15th It runs rampant in this country. They are per- hole. Calvin “Rocky” Hendrickson, Sr. can tell you this sons just like me because they call a spade a spade, story better than I. And two gentlemen by the names but I have always done that. And anybody that knows of Beezy and Young stood on the green that day me, knows me, knows that this speech that I am giv- when word got out, that bye Tucci is on a roll, and ing I have given many times over the last 45, 50 years they picked that ball up and threw it to him. That is not of my life. a chequered past. But Mr. Speaker, today I am calling on behalf And when people came to this country in the of George Lowe, the father of our late Speaker Stan- 1960s and 1970s, Mr. Speaker, when they came to ley Lowe; and Earl Lowe, his brother, the uncle of the Bermuda House of Assembly 4462 17 July 2020 Official Hansard Report former Premier Alex Scott and the Honourable Mem- where that name came from, and there is another ar- ber Scott; and Lew DeRosa, the cousin of former ea that might be named after the Frith’s or something Southampton East End MP Reginald Burrows; and like that. Earl Anderson, my grandfather’s first cousin, Her- You know, we owe it to ourselves to find these man’s teacher; and Herman, my beloved uncle, who things out. Because from generation to generation, if taught me the game of golf and allowed me to be here your family had a connection with Salt Kettle, like today with some knowledge and understanding—just mine, or your great-grandmother owned the property a country boy who grew up around Southampton and where the Southampton Princess is today, like mine, Warwick playing golf. generations talk about the compulsory acquisitions. I On behalf of people like Calvin “Rocky” Hen- was lucky enough to get the story from the late Dame drickson who carries that same spirit in his heart, I am Lois Browne-Evans about my granny’s property at . . . here to tell you that some type of memorial in those just up the hill where the Fairmont is today, the Halls, lands to lay to rest their spirits is necessary. Because and she was a Burrows before she was a Hall. Agnes the mind-set that did that in 1922 and 1925, as they Burrows’ sister from Jew’s Bay. That is my family, all developed that and practiced that Caucasian-only rule the way from the water up the hill. Yes, this is what we in Bermuda, is the same mind-set that would, on are talking about. Paynter’s Road, build a luxury house on a church We are talking about an opportunity to ad- ground where people were moved from Harris Bay. dress some things while we are making some eco- We put a golf course through a graveyard in Tucker’s nomic stimulus available. And let us not [over]look Town long before any type of movement came about Black Bermudians who may have the opportunity to in more recent years to be able to uncover it so that buy over there as well so that they, when they . . . if people can clear it out and the likes. we—Black Bermudians—have the disposable income Yes, Mr. Speaker, the country needs the de- (I am not going to be one, but) so that our children velopment. But an Honourable Member from the other would feel welcome in that community. That is an im- side did say that it would be nice to able to walk portant part of that . . . that people are not looking at is through there and not feel inhibited, because that that if you keep it the way it is, you know, you can speaks to that other side of the railroad track. Do you move in the neighbourhood and not feel comfortable. know, Mr. Speaker, the most private golf course in the And those are all the types of things you have to look world, the most exclusive golf course in the world, you at when you are talking about a social dynamic that could stand 100 yards from it and not know it is there. needs reversing, needs changing, needs altering— It is called Pine Valley. And, symbolically, you could this construct in Bermuda, Mr. Speaker. be standing literally on one side of the railroad track I am just looking here at another screen that and the most exclusive neighbourhood in the world is says that North Carolina is looking at reparations. I right there. And when I drove up to the gate, because raised it earlier. I know that other countries, I know I knew when I went there it gave me that intimidating that CARICOM is looking and asking questions be- feeling when I drove up and the guard said, You can cause people would have us say, Look, the Finance go no farther. Minister has just come and upped the debt ceiling to I said, I know, I just wanted to be able to see $2-plus billion now, $3-plus billion. Do you know the it. I looked on Google maps on my iPhone and I just money paid to white slave owners in places like Bristol wanted to. was just paid off, the amortisation was just paid off And he said, You can go turn around. There is more recently? So, the people who were enslaved a putting green right there and there is one of the first ended up paying for the people who were enslaving tees right there, you can drive around and go. But do them. And in Bermuda we have to put it right, we have you know that within a mile of us nobody knows that to hold hands together and address this. we are here? Thank you, Mr. Speaker. Yes, that is the other side of the railroad track that I understand because I have been trained in that The Speaker: Thank you, Honourable Member. environment, I understand it—and it is wrong! Does any other Honourable Member wish to And this is an opportunity in this recreational speak? and different categories of zoning to make sure that it is accessible and to honour those and to look back Mr. Dennis Lister III: Good afternoon, Mr. Speaker. beyond 1922 just to make sure that it was not the Tucker’s Town that we just did not realise took place. Hon. Michael J. Scott: Yes, Mr. Speaker. It does not hurt to be sure. I am sure a few convey- ancing people could look and say, You know, you The Speaker: Yes, it sounds like MP Scott. raised a good point, but it is so . . . Burgess Point was named after the Burgesses that were there and they Hon. Michael J. Scott: MP Scott— were not the Burgesses that look like you. They were the Burgesses that look like somebody else. That is The Speaker: MP Scott, you have the floor. Bermuda House of Assembly Official Hansard Report 17 July 2020 4463

Hon. Michael J. Scott: —and I see your family mem- reation land—64 acres is a lot of land. This will make ber is wishing to get in, and if he does . . . this the largest National Park in Bermuda. And that sits in my constituency. I am happy to hear that, Mr. Mr. Dennis Lister III: Yes. Speaker. And the total amount of land in this property is, I believe, up to 90-something acres. Sixty-four Hon. Michael J. Scott: Honourable Member, I can acres will be turned into different zoning and will be defer to you or you can let me go. used to the benefit of the public, which has been stat- ed. Schools can come and visit, there can be studies Mr. Dennis Lister III: I can go ahead Mike, and you done or projects where people come and use this can come behind me. land, utilise it for those reasons, Mr. Speaker. To the lands that are outside of the . . . what Hon. Michael J. Scott: All right, fair enough. will be deemed the National Park land, there is esti- mated to the west and to the east 11-point-give-a-few The Speaker: MP from constituency 28, MP Lister, acres of land to the west, which is on the shoreline you have the floor. and 17-point-odd acres to the east, which is bordering the properties which will be along Burnt House Hill Mr. Dennis Lister III: Good afternoon, Mr. Speaker. and those areas. Good afternoon to the listening audience, again to my So, with this development, Mr. Speaker, there honourable colleagues. is being space for two sites, which will be the property Mr. Speaker, first off, I am going to declare my development, in which the owners and those that are interest as the representative for the constituency in building the buildings—their homes—and I think will which Riddell’s Bay is located—Warwick West, con- provide, that they will have their space, their privacy, stituency 28. I just want to declare my interest before I Mr. Speaker, which will not be encroached on by the begin to speak. National Park or Nature Reserve, which it is rezoned Mr. Speaker, I support this Riddell’s Bay Spe- to, Mr. Speaker. cial Development Order 2020, which is being brought So, again, I support this for those reasons— by the Minister and his team. I support this for two the economic impetus that this will bring to our econ- reasons, Mr. Speaker. A lot has already been said on omy, and also that it will create one, which will be our this by Members before me, but I just have two points largest park in Bermuda for public access, which I that I just wanted to reiterate so that my comments hope, again, like I said, that provisions will be made can be noted, Mr. Speaker. for that to be included in this going forward so that we This project, which is estimated to bring in . . . do not lose that public access, Mr. Speaker. and definitely during this time we are looking for eco- And, as I said, I just had just a few brief com- nomic rejuvenation to get our economy back up, this ments so that my comments could be noted as I am project is anticipated and estimated to bring in $75 the MP for the area. And those are my comments, Mr. million to our economy, Mr. Speaker. That is some- Speaker, and with that I will close my comments. thing that cannot be overstated as we are looking to building the economy back, Mr. Speaker. And this, The Speaker: Thank you, MP. You worried me in the along with the economic impetus, will bring and create beginning. You started saying you wanted to declare 150 to 200 jobs. And during this time this is definitely your interest. I thought you had a . . . I was wondering something that we are looking for as we know that a what interest you had up there; they had not named lot of Bermudians have either been misplaced from the owners yet. jobs, had jobs reduced, so this is something that we are definitely looking forward to get Bermudians back Mr. Dennis Lister III: Yes . . . no, I am not— to work, Mr. Speaker. Also, Mr. Speaker, I do want to note MP Rich- The Speaker: Does another Member wish to speak? ards and his concern, which has also been raised by other Members, with regard to public access to these Mr. Dennis Lister III: I am not a golfer like the previ- lands. I also want to say that I support this Bill, but I ous Member before me. just want to make note that their reservations or provi- sions will hopefully be included so that there will be The Speaker: MP Scott, would you like to speak stated access for the public to these lands going for- now? ward in the future. Our Members did note that at pre- sent the owners . . . this is their intent. However, going Hon. Michael J. Scott: Thanks, Mr. Speaker. We forward, we do not want to lose sight of that, that the have a list and I have to and will defer to Mr. Commis- public does have access to these lands, Mr. Speaker. siong. I have consulted our internal list. And with that, these lands, which there are 64 Thanks, Mr. Speaker. acres which will be turned over for National Park and other zoning—natural reserve, national park and rec- Bermuda House of Assembly 4464 17 July 2020 Official Hansard Report

The Speaker: No problem. Mr. Commissiong, would luxury yachting boats is reflected in the kind of inward you like to speak now? movement of residential purchasers of the 18 units over in Riddell’s Bay. Hon. Michael J. Scott: I do not know what has hap- I cannot help but emphasise the positivity as- pened to Mr. Commissiong. I will go in his stead— pects about this. Unlike other developments that have not worked out so well, the one in Morgan’s Point that The Speaker: I suggest you go ahead, Mr. Scott. just simply is . . . it is not working. And then there is the Cross Island example of the OBA’s experiment in Hon. Michael J. Scott: All right. Thank you, Mr. stimulus workings. Riddell’s Bay, notwithstanding the Speaker. closure of the golf club, represents a mature residen- Well, Mr. Speaker, I know you were asking tial luxury environment. I know, therefore, that is a Dennis Lister III whether his declared interest was a sensible, predictable magnet for success of new resi- piece of real estate, luxury real estate, which you dents moving into that area because it is settled, it is could come and visit him in. mature; it has residents in it of a certain wealth class. These are the types of things that make neighbour- [Laughter] hoods work for these kinds of wealthy confines. And I am spending time on this and I am deal- The Speaker: I thought he had done . . . something ing with these elements as bluntly and as truthfully as went wrong. I can, not forgetting, of course, Mr. Speaker, that as a Black public official who has watched the history of Hon. Michael J. Scott: Yes, yes, he did not discuss Riddell’s Bay and of Tucker’s Town and/or Fairylands, with you—some secrets. these are Bermuda realities. They do find a place in But Mr. Speaker, everything about this real our economy. And for our purposes and for the pur- estate order is positive and carries positivity to it and I poses of 18, at least, new entrants, it will be positive want to commend the Deputy Premier and Minister for all Bermudians—Black and white—because it is with responsibility for SDOs and Planning, Minister going to create jobs for carpenters and masons and Roban, for bringing it to the House, and by bringing it interior designers and decorators and landscapers. to the House bringing it to the country. And one day, hopefully in this project, there The project represents scalability and a ratio will be Black purchasers of these residences, more of of 18 luxury homes in a setting of some 64 acres of us who are able, because we reimagine ourselves as green, mature, grounds with existing luxury homes, we come out of COVID-19 and we reimagine our- Mr. Speaker. That bodes well for the project. It is an selves, as we have been urged to do, Mr. Speaker, in insertion of more development—18 more excellent the environment of Black Lives Matter. We find new developments—which will attract, we hope and pray, ways to create deeper equalities of wealth and happi- new residents, inward investors of a high income net ness amongst both the Black population—the majority worth bracket who will, we hope, ensure that the Black population—and the white population. dwellings go from foundation to roof plate and to oc- So, Mr. Speaker, high commendation to the cupation. All reflecting, as the Honourable Member, Deputy with responsibility for Planning matters in our my colleague, Mr. Dennis Lister III indicated, is gener- country. So, Mr. Speaker, may I now turn to the emi- ative of jobs, generative of a stimulus to our economy, nently powerful comments and remarks of the Mem- as has been stated, of some $75 million with continu- ber for constituency 2 who calls for a sensible and ing progressive GDP impact over 2021 through to significant representation of a presence to reflect 2023. Black history, Black segregation . . . white segregation So, Minister and Deputy, an excellent project, of this area, of Riddell’s Bay so that . . . and this was an important project, for jobs, for development, for a the point taken up by the Honourable Member Cole timely project at a time as we reimagine and reinvent Simons, so that Black folks feel a native connection ourselves coming out of COVID-19. with Riddell’s Bay at last—at last—because historical- And, Mr. Speaker, there is a metaphor that is ly we have not. And a way to achieve it would be to taking place already on the . . . and whilst I am con- involve Black historians, Black artists, constructing a gratulating Minister Roban, I want to congratulate the visible significant monument there in Riddell’s Bay so Honourable Zane De Silva, former Minister of Tour- that we have a warm feeling about the area. So that ism, for his initiative at attracting luxury yachts. There there is not a sense of we’re not welcome that contin- are three of them now drifting and moored in our Ber- ues to exist. muda waters. They are safe, COVID-19 safe waters, To the developers, I want to commend and and they are luxuriating themselves and disporting thank them for their generosity of offering the public themselves—the occupants of these three luxury space at Riddell’s Bay on these 65 acres. In the doc- yachts—because of the policy that former Minister De ument that I have possession of, there were the help- Silva went into Europe and promoted and elsewhere ful notes that were provided by the Deputy Premier. At in the world. And I am hoping that this matter for three point 6, the site will be open to the public. The devel- Bermuda House of Assembly Official Hansard Report 17 July 2020 4465

oper has given written assurances. He has got two level of attractors engaging in the build out of such a lines of commitment to the public element of this pro- major development. ject, of this important project. And so, not to lose sight, I do not want to But Mr. Speaker, I want to thank the develop- gloss over it, I believe that placing a memorial to Black er and encourage the developer to give high promi- Lives Matter, to the lives that do matter, to some of nence to the opportunity for this element, this sixth the personages that the Honourable Member Mr. Kim element in this development order, of having this Swan called upon. place accessed, having Riddell’s Bay be accessible, Now, I am not predicating that it be the Hon- by all of us; to be sensitive and do things in the public ourable Member, my colleague, Mr. Swan’s idea, but element and in the public development that make us some suitable facsimile representation would be the feel—and it is easy to do—make us all feel comforta- kind of representation of a presence to reflect that we ble and welcome. And I see that, so far, Mr. Wingate have moved away from the segregation of Riddell’s and Mr. Hayward (and others are getting involved) in Bay to a place in 2020 and 2021 of a more inclusive shaping some of the ergonomic environmental as- Riddell’s Bay. It is past time that we break away from pects of the site. But I would like to see Black histori- these dreadful systemic parts of our history and walk ans making a contribution, as was suggested by the forward and walk for it boldly with these kinds of rep- Honourable Member Mr. Swan. You will not have a resentations. Black comfort feeling without Black involvement in the And so, I wish the project Godspeed. I wish structuring of the development of the public space, the and commend Minister Roban for bringing the Rid- area into which the whole public will have access. dell’s Bay SDO to the House, kicking off a most nec- So, we do not want to commit the error and essary development, stimulus project, at a time when the mistake of just making this developed and man- it is sorely needed. aged by white ergonomic experts and environmental Thank you, Mr. Speaker. I hope Mr. Commis- experts. Let’s have all of us taking part so that, having siong has found himself. taken part, we have a stake in the matter of the public space and we will take our children and grandchildren The Speaker: Thank you, MP Scott. there and it will be a happier arrangement. Does any other Member wish to speak? These are the things, Mr. Speaker, that are going on, this is the debate that is going on across the Mr. Rolfe Commissiong: Mr. Speaker, I will join the globe as confederate statues are removed because of debate. the stench that they create in the psyche of onlookers; in Bristol, England, where colonialist’s and slave own- The Speaker: MP Commissiong, how are you today? er’s statues are being removed. So, we have an op- portunity to do in Riddell’s Bay, an equivalent kind of Mr. Rolfe Commissiong: I am fine. How are you? music that will make us a more harmonious nation. Even though this is iconology and this is im- The Speaker: Not bad at all. agery they do make a difference. So, participation by You have the floor, sir. Blacks and whites on the public space is something that I join the Honourable Dennis Lister III in calling Mr. Rolfe Commissiong: Thank you, Mr. Speaker. for. I hear what the Honourable Shadow Environment Certainly, Kim Swan did give us an overdue Minister Mr. Richards is calling for. I am calling for, history lesson. And his invocation calls for a historical and I think all Bermudians would welcome this kind of reckoning, which is also overdue. Mr. Swan said, and balanced involvement and participation on the struc- I quote, “Do something to make it go away.” He talked turing and configuration of some 64 acres. That is a about the erection of some sort of tribute on the site, I lot of land, it is almost . . . such public domain should guess, to those classic and inestimable Black Bermu- not be exclusive, even in our reshaping of it. It should dian golfers, particularly of the post-World War II era, be inclusive. And I look forward to that particular up in that area in Riddell’s Bay. place, Mr. Speaker. I myself was thinking, as he said that, that we I have mentioned the point about how Rid- perhaps could be looking at a representational statue dell’s Bay, because of all of its features, its settled, of a Black golfer in that peaceful area, that would be mature, residential nature makes it so distinct from wooded amidst the gardens, which would have a Cross Island. Clearly, it is distinct from Morgan’s plaque that talked about those giants of that era as Point. And the Minister and Deputy Premier have Mr. Swan did. And he did an admirable job today. In been extremely fortunate and lucky in landing this pro- fact, it is one of the best presentations I have heard ject to the side of the boat. It has all of the elements of from Mr. Swan in a long, long, time. And he has had being a successful magnet to attract investors, resi- some very good presentations since he has been with dential clients and residents and, when it does so, we us over the last few years. But he gave great honour all know how that impacts the economy in our super- to those men, some of whom were his relatives, that markets, in our clothing stores, in our schools at the he looked up to as a young boy. Bermuda House of Assembly 4466 17 July 2020 Official Hansard Report

Now, as a former Riddell’s Bay caddy myself, probably been said before and I may have said it my- I can remember Mr. Swan caddying there. I was not self, flying out and flying in, you wonder what is left of caddying there for too long, but with the Stoneham Bermuda to develop. And that is . . . most of that will boys and the great Edgar Smith (I will not mention his be a conversation for another time. nickname, I am tempted, though), we used to caddy But 66 acres is nothing to sneeze at, being there every now and then. I think we even sort of reserved for, I guess what you would call, a sort of stopped going as much when some of us got jobs at woodland reserve or park, open to all Bermudians. White & Sons. And the return on our investment of The actual development itself, I believe, is the 18 time at White & Sons, I have got to be honest with houses which are slated to represent only 25 per cent you, was far better than caddying at Riddell’s Bay. of the total footprint there. And so I think it must get a But I always remembered the Riddell’s Bay guarded, qualified, thumbs up. I have no reservations golf course as an idyllic patch of Bermuda. I cannot in saying that. name the holes, but when you are going up on that But in getting back to MP Swan’s comment hill—and Mr. Swan would know what I am talking about, Do something to make it go away, we need to about. On the eastern boundary of that course when teach the history, and so I have given you my idea as you make that hill and then you start going back to how that can be done, by way of a walking tour around to catch those sea views of that border of that through that area once it is put in place as a woodland golf course, as a little 12, 13, 14-year-old, it was mag- reserve. But I think of all the tangible things that could ical to me. Magical. And I will always remember that have been done . . . and I mean this as no ongoing course. I thought it was one of the prettiest patches of criticism of the Minister, nor my Government, but I land in Bermuda that I had ever seen. So, I do have firmly believe that in return for things, as we move some memories about that. My family, my mother and forward, like the SDO for the various licences and I were living up in that area, the Camp Road area dur- permits, I believe that these types of developers will ing that time. I built some great friendships, and as a be more than willing to sign on to achieve racial equity caddy got the occasional swimming at Riddell’s Bay at goals and objectives. the dock itself, a wonderful area. So, conceivably, why could we not have them So, yes, a statue that represents the archetyp- make a pledge to ensure that 50 per cent of their em- ical Black golfer of that period and, like I said, a ployees are going to be Black Bermudian? That plaque that will contain all those names and give a 45 [per cent] or 50 per cent of the subcontractors, in brief history, including the history of exclusion and turn, will be Black Bermudian-owned businesses? And racism that played such a key and fundamental fea- I did not say Black Bermudians who are affiliated with ture at that course, and courses around Bermuda—let the PLP. I think it has to be done in a way where this us be very frank—throughout Bermudian society at is codified under law, it has established, rigorous crite- that time that sort of epitomised, as he mentioned, ria. And so it would not matter who you vote for, only white privilege. that you are a Black Bermudian. That would be the There are, in a quick run-through of the num- fundamental criteria as defined under law. And you bers, $75 million investment over a few years, I be- own or you and a group of Black Bermudians own that lieve over five years. I can be corrected. It is a modest company and will be able to participate in projects investment. It is nothing that by today’s standards we such as this. are going to shout Hallelujah! I do not think we are at Because if we are going to redeem the past, if that point now. In contrast, we know that the airport you will, to repair the damage that has been done, the was a $300 million investment, despite the blighted damage that left Black Bermudians, despite being a nature of the deal in question. numerical majority (I heard this once said), described But it is welcomed. It is welcomed. And I want as a . . . who have now become a sociological minori- to commend the Minister for seeing it through—150 to ty, because there is still a significant degree of racial 200 jobs; an increase in tax revenues, which are des- inequality in this country, which in many cases hides perately needed. If you heard our Finance Minister, in plain sight, then these are the sort of things we are who, against the odds (and the odds are increasing going to have to do. We are going to have to make the every day, I might add) is doing a fairly good job, and I hard decisions. And we are going to need white Ber- think he is managing to maintain the confidence of mudians, at least the well-meaning white Bermudians, Bermuda’s people and investors on side with Bermu- who want to put an end to this chapter that my col- da during this very, very, powerless crisis. league spoke so eloquently of, despite the personal I am very happy about the establishment and I pain and hurt that generations of Black Bermudians, think of one of the Members from the other side, I not only in that area—that Southampton East and think it was Mr. Cole Simons, who has a deep and Riddell’s Bay area—but throughout Bermuda felt, then authentic love for us maintaining Bermuda’s natural these are some of the very real things that we are go- heritage as much as possible and, like me, not want- ing to have to do. ing to see every bit of land go to development. I think So, you can call it, you know, racial equity anybody who gets on a plane today . . . and it has programmes, you can call it affirmative action pro- Bermuda House of Assembly Official Hansard Report 17 July 2020 4467 grammes, but these compensatory programmes are MP you have the floor. going to be needed if we are really serious about go- ing a long way in closing this historical chapter and Hon. Michael H. Dunkley: Thank you, Mr. Speaker. truly building a new Bermuda. Mr. Speaker, I start on a lighter note to the So, I commend MP Swan today. And I know Honourable Member who just spoke before me, and that there are Members on the other side who are not now I know why he went to work at White’s grocery necessarily opposed to what I am proposing here, and store, because if he cannot remember the layout of I am hoping that we can see some common ground the land as a caddy, then I am sure that that was not and support for these types of initiatives. Because this his calling and he saw better days ahead when he is going to be healthy for all of Bermuda, including went to the grocery store. But I certainly agreed with white Bermudians, that we can move forward without some of the points that he made, and I will come to rancour, without excessive divisiveness, in ensuring them through my presentation here today. that in Bermuda we have made a tangible effort to Mr. Speaker, it has been an interesting de- produce more racial equality in ways that we have not bate. And I, for one, am quite surprised that the Pro- seen in decades. gressive Labour Party, as a Government, has not tak- It is almost like, Mr. Speaker, since the 1980s en this opportunity to use this SDO to enshrine in we have been asleep. Some of us went into a sort of there some requirements to allow that our history is colour-blind bubble, some went into their own individ- remembered. Because I have to say, and I can only ual aggrandisement, they are going to get theirs no speak for myself, but I am sure that many colleagues matter what. We come out of that now and we look in the House would support the call by the Member around, many of us, wondering if much progress on from constituency 2, Kim Swan, in enshrining some this front has been achieved. I remember a relative of reflection on our history in the work that is done going mine who spoke about how far we have regressed as forward up at the Riddell’s Bay gardens and Nature Black Bermudians and, in turn, as Bermudians, only a Reserve. few years before she died. And this was a woman Now, as Members have referred to, Mr. who was at the forefront of our civil rights struggle, our Speaker, I believe that the land will be subdivided into racial justice struggle, a generation coming out of a Nature Reserve, an open space and woodland, World War II who came of age in the 1950s and open space and recreation area. And, certainly, the 1960s and 1970s, who gave birth to MP Swan and my recreation area, Mr. Speaker, I think, is the ideal area generation. But that was very poignant. to let us always encapsulate our history so that it is Like I said, I would have liked to have seen not forgotten. Because it would appear that with this this SDO and the other permits and the licences and very large area of land that is going to be further pro- approvals that these developers have gotten to have tected . . . and I think Members have reflected on the been this first example of what I am talking about. Be- size of it as well. I do not believe it is the largest area cause we all know, deeply inside of ourselves, that it that is protected in Bermuda. I think Cooper’s Island is is wholly necessary. bigger than this, but it certainly is a very significant So, Mr. Speaker, I will leave it at that. Again, size and one of the largest here. notwithstanding what I just said, I commend the Minis- But certainly, with the large recreation area ter for his work on this project and I look forward to that is going to be open for the public(and I think it is this project not disappointing us and that this project 22 acres in looking at the notes that I have here) it will actually approve some real, tangible, benefit, not would seem, to me, that this would be an ideal place only in terms of the profits and the success economi- amongst the walking trails and the areas to relax and cally that will accrue to the developers, but to all of reflect, to recount our history. Bermuda. And I certainly am well aware of the history at Thank you, Mr. Speaker. Riddell’s Bay. I appreciated the comments from MP Kim Swan on some of the people who have their lives The Speaker: Thank you, Honourable Member. entwined in the history at Riddell’s Bay. I certainly Is there any other Honourable Member who have some fond memories of the beautiful layout of may wish to speak? that course, because I was blessed to be able to play it a number of times. It is an excellent design. There Hon. Michael H. Dunkley: Mr. Speaker, I would like are spectacular vantage points all throughout the to speak. course. And it was fun to play. I, for one, am disap- pointed that it does not remain a golf course, Mr. The Speaker: It sounds like MP Dunkley. Speaker, and I will get to that in just a few moments. But I think now is the time—here today, Mr. Speak- Hon. Michael H. Dunkley: Yes, good afternoon, Mr. er—while we debate the Riddell’s Bay Special Devel- Speaker, that is correct. opment Order 2020, that we enshrine in that Order things that must take place. And if we are so con- The Speaker: Good afternoon. cerned, as we are about our history and the progress Bermuda House of Assembly 4468 17 July 2020 Official Hansard Report that we have made away from a segregated society to ted today that he and the group that he was with put in a more equitable and just society, we should enshrine an offer for it. history right here today, here and now, because we But the liquidators chose Castile Holdings at have the opportunity to do it and not let it get away. the time. For whatever reason, they were chosen. And And I think if this happens today without put- at that time Castile Holdings, like any other person ting something in there to make sure our history is who put in a bid, was taking a significant risk. Be- remembered, the PLP will find that they have wasted cause if you put in a bid to maintain it as a golf course a perfect opportunity to do something that will be and develop what you could around Riddell’s Bay at etched in the murals of time. And I think people would the time . . . and I understand that there was the ability appreciate it, Mr. Speaker. to develop some lots on the harbour side of the prop- So, Mr. Speaker, there has been a good de- erty and maybe in a couple other areas as well. So, if bate here today from colleagues on both sides of the you were going to develop those lots and you were floor. And I was one, along with my colleagues Pat going to maintain it as a golf course, that would have Gordon-Pamplin and Sylvan Richards, to have the been one business approach to take. opportunity to be on a call with the Minister and tech- But the current owners of the property took nical officers. I also had the opportunity, with the two the risk that they were going to take it and they were of them, to be in a meeting with the owners of the not going to open it as a golf course. So, when they property. I will not call them developers because I do purchased it, they basically had three options: they not think they are developers, I think they are owners could have kept it as a golf course and developed it as and they will sell off the lots. And I also had the oppor- they saw fit; they could have purchased the property tunity to be on a call with the objectors. and turned the entire area—Mr. Speaker, let me be So, I took the time to look at all three parts of very clear, the entire area—into a nature reserve, the equation here today because I am torn by this, Mr. woodland reserve, open space or recreation area; or Speaker. I am torn by this because I hear what Gov- they could appeal to the Government and ask for an ernment has said, I hear clearly that this is an ecologi- SDO and make a significant return on their invest- cal and social gain. Those were the words that the ment. Honourable Deputy Premier and the Minister of Home And so, when I hear colleagues say that this Affairs have used. I have heard the Minister say that is a gift to Bermuda . . . well, in one way you can look this will be a stimulus for Bermuda, it will be good for at it like that, Mr. Speaker. But in my view, and I am a our economy. I have heard Members of the Govern- capitalist, I am a business person, I believe in doing ment say those same types of things. Only time will what you can to create opportunity, and with that op- tell on that, Mr. Speaker. portunity you should get a return on your investment. But I also reflect back, Mr. Speaker, because This might be a gift to Bermuda; but this gift to Ber- when the developers bought this property . . . and be- muda comes at a significant reward to the owners of fore I go there I just want to reflect. The Honourable the property. While this gift to Bermuda, Mr. Speak- Deputy Premier, when he presented, he said this was er—the Government has talked about $75 million be- started under the former administration and the rec- ing invested into the community; 150, 200 jobs, what- ords will show the discussions that took place. I am ever it might be, over what time frame we do not well aware of that, Mr. Speaker. But what the records know—this gift to Bermuda also comes with a signifi- will not show is that, when I was the Premier, I was cant return on the investment to the owners of the never inclined to change the zoning of this property. property, and it should be recognised. Because if we are going to change the zoning of Because, as I said, they had three options: property, it has to be done under proper deliberations, They could have kept it as a golf course, they could and that is why the Minister at that time was given the have purchased the property and turned it all into a latitude to speak to the developers to see what was in nature reserve or something along that line, or they [their] minds. And the Cabinet never had the oppor- could have applied to the Government and asked for tunity to debate what the next steps were going to be rezoning, which they have done. And Government has on that. That is part of the record as well, Mr. Speak- decided to accept that. That is Government’s decision, er. Mr. Speaker. But here we are today and Government can Now, Mr. Speaker, I, for one, am a person decide what they want to do. They have all the ability who does not have any great affinity for SDOs. While to do that and they have done that. But when this it is a part of Planning life in Bermuda and SDOs have property was purchased back in 2016, I believe, the come and gone throughout the context of my time, my developers . . . sorry, the owners, took a risk. And it mature adult time in Bermuda, many of the SDOs that was not an open tender. It was the liquidators asking I am aware of have been fraught with controversy, for offers on the property. And there was speculation concern, and [have] not worked out well, Mr. Speaker. about who put offers in place. And one of the honour- I hope this one is not like that. And it could be, unless able colleagues in this House was one that has admit- we tidy up the document that we face here today.

Bermuda House of Assembly Official Hansard Report 17 July 2020 4469

But before I get to that, Mr. Speaker, we need There are a few other areas I would speak to to reflect that the SDO is something that is available as well, Mr. Speaker. My honourable colleagues have for a Minister and a Government to use. And I accept spoken about public access, and I support the com- that. But, certainly, it has created challenges through- ments from my honourable colleagues on this be- out our history. And I do congratulate the Minister for cause I think the public access should be enshrined in bringing this SDO to Parliament today so we can have this SDO. And I was very interested to see that the a conversation around it, so there can be the scrutiny owners have given them a letter of commitment to that around it. And I do thank the Minister for allowing us public access, but it is not included in the SDO. That to have the call with [the] technical officers to get is not good enough, Mr. Speaker, because if there is a some more background information so we can have a letter of commitment, and if we have an SDO, there is constructive debate here today. no reason why the Government cannot push it a little And on the back of those comments, Mr. further, get the agreement with the developers that Speaker, there is nothing that the Opposition can do that public access goes in there because, Mr. Speak- in regard to this SDO because we are 11 versus 25. er, generations change. But I think the debate in the people’s House is critical- The current owners seem to be very commu- ly important for better understanding all around for this nity-minded and want to preserve something for the project. community, open it up for the community. But Mr. Now, Mr. Speaker, the history of Riddell’s Bay Speaker, the people who have influence on that trust, . . . I am pleased to see that Members have taken an if it is a trust that is going to be set up, can change opportunity to reflect on it. I am also comforted, to over time. And they could change the documents some extent, Mr. Speaker, in knowing the history of which provide the framework on how the trust will op- Riddell’s Bay, that we have seen that property evolve erate to make it happen in a different way. into a much better place. And what do I mean when I So, if we are really concerned about public say that, Mr. Speaker? Well, through the years . . . access, we should make sure that it is enshrined in and the Honourable Member from constituency 2 re- there, Mr. Speaker. And when I heard the Minister say ferred to a number of prominent individuals that he the minimum of 50 hours a week, Mr. Speaker, a min- was aware of who were part of that course, and the imum of 50 hours a week is certainly not sufficient. I Honourable Member was somewhat shy in going on a think we should tighten up that a little bit more be- little bit further, but I believe his brother Darren, who is cause 50 hours a week can just limit it to four days of a golf pro, was also a golf pro at Mid-Ocean . . . sorry, the week during daylight hours, and that can get you at Riddell’s Bay during a few years back. your 50 hours a week. I think we need to be more I believe that there were other people that I specific about that because, remember, at the end of became very close with, played some golf with, such the day, an SDO is being given to develop the land, as Norman Minors, who had a long association with but the owners will still have the opportunity to do Riddell’s Bay through many years. And Norman was what they choose with the land as long as it conforms one of those very accomplished Black Bermudian with the development. And public access is important golfers who could hold a stick with anybody, Mr. in this regard and we definitely need to tighten that up. Speaker. Mr. Speaker, colleagues have also talked a bit But the history of Riddell’s Bay evolved from about who maintains the property going forward. Now, the very racist beginnings of it to . . . it turned at the obviously, when we are looking at an area of 98 acres end where, for example, individuals that we all know, and then when you sub out the 18 lots, you are down such as former Honourable Member of the House, to about 64 acres of property. That is a significant Reggie Burrows . . . that is where he spent a lot of his piece of land. And the developers, when we met with free time in his later years—at Riddell’s Bay. He was a them . . . and it has been referred to in the debate to- very keen golfer and he could be seen there as long day that they would set up an endowment of a couple as he could get there and his health allowed him to of million dollars and the owners of the lots that are get around that property and enjoy his time. sold would have to pay a maintenance fee. That is all So, thankfully, we have moved forward and very well and good, Mr. Speaker. But a couple of mil- we have managed to change some of the inequality lion dollars and a maintenance fee, which is not even and injustice of the past. But we should not miss an set yet, could disappear in a short period of time. And opportunity here today to make sure we never forget the last thing that we would like to see, as individuals it. Because, Mr. Speaker, we can have this debate who debated this SDO in Parliament, the last thing we here today, the property can get sold off, it can get would like to see is for that property to deteriorate into developed, and we will forget about this debate. We the condition of something along the lines of South- will forget about this debate unless we enshrine some- lands where there is no money in the budget to main- thing into an SDO that allows for our history to be tain it and it costs significant money to do so. commemorated. And there is a good story to tell Mr. Speaker, it will not be easy to maintain all there, Mr. Speaker. And so, I think we need to tough- of those areas. A Nature Reserve requires supervi- en up this SDO in that one area. sion, requires work in many different areas. Open Bermuda House of Assembly 4470 17 July 2020 Official Hansard Report space, certainly, requires maintenance as far as SDO is pretty loose on that framework. Remember, [landscape] manicuring and cutting. Woodland Re- we are looking at, at least four different— serve to a lesser extent, but it has still got to be dealt with during times of summer growth and storms. And Hon. Walter H. Roban: Point of order, Mr. Speaker. certainly, recreation requires even more maintenance. Point of order. So, that is going to be, in my view, Mr. Speaker, tens of thousands of dollars every year to maintain it in The Speaker: We will take your point of order. proper condition, to make sure that it is safe for the public’s access, to make sure that it is appealing for POINT OF ORDER what it is intended to be. Mr. Speaker, I am not making these com- Hon. Walter H. Roban: There is a conservation man- ments to say that the owners will not be diligent in do- agement plan associated with this process that is a ing what they have said they would do, but people part of the package, an environmental impact as- come and people move on, Mr. Speaker. This is a sessment. These are things that are a part of the very big piece of property and I do not want to be part package that underpin this SDO. An SDO that, again I of this debate here today to find out in 20 years’ time will say, is enforceable by law. It can only be changed that the place is overgrown, run down, there is no by the Legislature. money in the budget to fix it up, because the directors of the trust have gone in a different direction, Mr. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Speaker. So, I have a question for the Honourable Min- If we are keen to ensure that this works, if we ister, which he can answer [when] wrapping up. So, if are adamant about reflecting on our history, we need any aspect of the conservation management plan, or to make sure that people are held to account and we any other plan that they have in there, fails to meet need to tighten up on how this endowment fund is go- the standard that the Government expects at the time, ing to ensure that the property is maintained. what can Government do if there is no money in the Now, the Government knows, as well as any- endowment fund to make the proper changes that are body, the significant cost in maintaining our environ- required? That is where I am going, Mr. Speaker, be- mental areas. Governments get criticism from the cause it is one thing to say they have to follow these members of the public all the time, especially in the rules and regulations, but if there is no money in the heat of the summer and with sufficient rain, that the bank, as the Government knows as well as anybody properties become overgrown and are not able to be else, you cannot pay the piper, Mr. Speaker. used in the appropriate way. We do not want to see And that is the challenge that I have going this type of criticism about this area, because once the forward because generations are going to come and SDO is passed, we will have very little input on enforc- go here. We are doing this for eternity, Mr. Speaker, ing anything, other than what is in the SDO. until somebody else decides to overturn this SDO, if that ever happens. The owners of this property are Hon. Walter H. Roban: Point of order, please, Mr. going to sell the lots and, after that, they will be re- Speaker. sponsible, not so much for the lots because there will be new owners in them, but they will be responsible The Speaker: Just a minute. for 64 acres. We need to make sure that [for the] con- Deputy [Premier]. servation plans, [and] everything else that we have asked them to do, there is money in the kitty to make POINT OF ORDER those things happen, Mr. Speaker. Because if there is [Misleading] no money in the kitty, then what can happen, Mr. Speaker? That . . . that is the concern that I have. Hon. Walter H. Roban: Just to make sure that I ap- Now, Mr. Speaker, when we had the oppor- preciate the direction of the Honourable Member, but tunity to have a conversation with the Minister respon- [these are] slightly misleading comments. This SDO sible, I asked the question to the Honourable Minister has the force of law and its terms are enforceable. if this was setting a precedent. And the Honourable And that includes the commitment to conservation and Minister said (and these are my words, not his, and he preserving the land. The SDO speaks specifically to can deal with this in summation, if he wishes to) that the conservation areas and those are legally enforce- he did not believe it was setting a precedent. And I able. questioned that because anyone else in the future can make a similar case and it would be very difficult for a The Speaker: Thank you. Minister or Government to turn it down. Mr. Speaker, we know that our economy is Hon. Michael H. Dunkley: Mr. Speaker, I do accept struggling. We know that a big part of this decision that point of order, but in the context in which I was was because Government wanted to have economic referring, as far as maintenance of the property, the stimulus. And so, the environmental aspect of this Bermuda House of Assembly Official Hansard Report 17 July 2020 4471 thing was outweighed, to some extent, by the eco- And that was used as a political football, Mr. Speaker, nomic stimulus that was taking place. Because I but it was always in the Act to protect the beach. doubt, Mr. Speaker, that if Bermuda was booming, We need to do the same things in this SDO this SDO would ever see the light of day. because this property is fully owned by private indi- But does this set a precedent, Mr. Speaker? viduals. And once this SDO moves forward all we can Because I really am curious to see how it would not. do is enforce what is in it, nothing which is outside it, For the simple terms, Mr. Speaker, take a look at the Mr. Speaker. golf course that the Honourable Member Kim Swan And so, I understand the vision of the owners talked about where he would go for his first loop, if he of the property, Mr. Speaker, and they have been very could get it, and then come to Riddell’s Bay for a sec- smooth on it. They have got a detailed brochure out ond loop—Belmont. We know that there have been which has some great aerial pictures of the property. some challenges in that development over time. We They have been thinking of developing this for a long have seen owners change. We have seen member- period of time, Mr. Speaker, to sell the lots off and ship of that golf course struggle. We have seen in- move on from there. But I am disappointed that we vestment in the maintenance of that golf course be not see a process like this get pushed back with name up to the standard that many golfers would expect, calling. For example, Mr. Speaker, when they talk in Mr. Speaker. What happens if the owners of that the Royal Gazette today, a spokesman for Castile property come and say, you know, we have “X” acres Holdings, which owns the 87-acre site (I am not sure here at Belmont, we would like to keep 75 per cent of that that is correct) in Warwick, said the protestors those as a park and we will turn 25 per cent into build- against the proposal were wrong and that the devel- ing development? What can Government do to say opment would be a win-win. no, that is unacceptable, you cannot do it, you have No, Mr. Speaker, the protestors—the objec- got to keep it as a golf course? tors to the development—are not wrong; they just I think we are setting a precedent here, Mr. have a different viewpoint. And their viewpoint should Speaker, and the only reason why I bring it up is be- be listened to and respected so we can have a rea- cause I believe that we need to be able to ensure that, sonable debate about this going forward. We should going forward, we have an answer for people who not criticise their petition and 3,000 people, and some come with similar plans. of them are overseas people. We should not criticise Now, I know that the Planning Department that, Mr. Speaker. We should accept that they have a and the technical officers are very comfortable, in my valid opinion and we should listen to it because that is view, with the extra protections on this land, taking it their belief, Mr. Speaker. And yes, some of them are out of recreation and putting it into extra protection. residents out there. Now, would they not want to see They are very comfortable with that, Mr. Speaker. But how the area in which they live is going to be handled I would not be surprised to see requests for develop- going forward? And so, clearly, this situation has cre- ment along the way in regard to Belmont. If the eco- ated a great deal of friction over the past couple of nomic situation does not turn around, that golf course years about it, the Government has brought this SDO will be threatened. Less and less people playing golf, today and are very keen to have it passed. I want to less and less members at that golf course, no money ensure that because the Government has the votes to for the maintenance, the owners of it will look at it as make it happen this is the success that Government an investment and say How are we going to get out of expects it to be, because, Mr. Speaker, only time will this mess? And that is one opportunity. tell. Only time will tell. And I reflect on that, Mr. Speaker, when I go And the sad thing about this situation, Mr. back to . . . I want to go back to the St. George’s de- Speaker, is that we will forget about this SDO in 15- or velopment, because the Honourable Member Michael 20-years’ time and, if something happens, somebody Scott, who spoke earlier, referred to Morgan’s Point will reflect back and say, Well, remember that SDO? and Cross Island development. All of those matters They had a chance to correct it at the time. So, only had their germination under the PLP. And now we are time will tell. And I think we need to tighten up on this playing politics back and forth, trying to lay blame on SDO to make sure that the vision that we talked about who is responsible, Mr. Speaker. I do not think that here today actually takes place. The vision of reflect- that is the appropriate approach to take at this point in ing on our history when we use that property, the vi- time when we are trying to find solutions to get for- sion of making sure that there is public access, the ward. But I reflect on that to say that in St. George’s, vision to make sure that the property is maintained in when we were negotiating with St. Regis, with the cur- the appropriate fashion—all of those visions need to rent developers of property down there to put a St. be reflected in here, Mr. Speaker. Regis Hotel, we were very careful to enshrine in that And the last thing I will say, Mr. Speaker, is development Act protections of the coastline. We that during Question Period in the House when the pushed back on development of lots for building in Honourable Minister gave his Statement two weeks various areas. We pushed back to protect the golf ago, he was asked what the technical officers’ advice course. We even put in the Act to protect the beach. was. And he said it was privileged information. And I Bermuda House of Assembly 4472 17 July 2020 Official Hansard Report raise that, Mr. Speaker, because I sincerely doubt that of the environmentalists on the Island, given that there is the case. I am more informed now of what their ad- will also be some development involved on what has vice was by the call that we had. But certainly, privi- been open space in Bermuda. leged information in regard to technical officers’ ad- But, you know, as I am listening to the debate, vice on an SDO is not acceptable for us as Members I certainly can visualise the pristine beauty and the of Parliament to use. And if a Government Minister tranquillity of this open space, and certainly, the im- wants to say that, I am sure that the public access to portance of having some public access for the Island, information [PATI] will always allow that information to and in particular, our young people to be able to ex- come out. plore the nature and the fauna and the birds and all of Thank you, Mr. Speaker, for your time. the nature that this property will provide, especially given the fact, as mentioned, that we have such lim- The Speaker: Thank you, Member. You must have ited open space on the Island. And so, creating these your clock on, you were just a minute short on your partnerships, and I am not aware whether the owners time. have had conversations with the various environmen- Does any other Member wish to speak? tal groups on the Island to create a vision—

Ms. Susan E. Jackson: Mr. Speaker, it is Susan Hon. Walter H. Roban: Point of order, Mr. Speaker. Jackson, I would like to have a few words please. Point of order.

The Speaker: Madam Opposition Whip, you have the The Speaker: Point of order. floor. POINT OF ORDER Ms. Susan E. Jackson: Thank you, Mr. Speaker. [Misleading] I just wanted to share a few words, simply because I feel that the environmental side of this spe- Hon. Walter H. Roban: Very much outlined in my cial development order has not necessarily been ad- brief I presented . . . perhaps the Member was not dressed in the debate today. And, you know, I clearly listening. I mentioned BEST, Audubon Society and want it to be noted that it is so important for us, espe- Greenrock, all, and I quoted it substantially in my brief cially here in Bermuda where we have such limited and had extensive pre-consultation even before they space, that the owners of the property do consider, made the application with the proposed developers. and whether the SDO is also inclusive of a formal Thank you, Mr. Speaker. agreement around the environmental protection. The Speaker: Thank you. Hon. Walter H. Roban: Point of order, Mr. Speaker. Ms. Susan E. Jackson: Thank you, Minister, and The Speaker: Point of order. Point of order. yes, I know that the Minister said in his opening brief things like the Audubon Society, you know, did loath POINT OF ORDER the new development but looked forward to sort of the [Misleading] green space and the sizeable reserve. So, regardless of what may happen sort of Hon. Walter H. Roban: The Honourable Member is formally, the consultation, et cetera, I think moving misleading the House. There is substantial deference forward it is still going to be really important to contin- to environmental conditions in this SDO of which the ue to build those relationships with environmentalists developers must abide by, and I take these points of so that we can make sure that we absolutely optimise order not so much to correct the Opposition, but to the protection of our natural habitat. And because inform the public, so that they know that these things there are going to be some concerns and there is go- are firmly outlined in the SDO as it stands. Thank you, ing to be nervousness around the development side of Mr. Speaker. it, and we need to be able to assure our environmen- talists that we can do both, because in Bermuda we Ms. Susan E. Jackson: Thank you, Minister. And so, are going to have to compromise an awful lot because yes, I accept that. of our limited space. So, the owners now with this substantial, what And Mr. Speaker, I do not know how we for- I would consider to be both a social and an environ- mally create things like National Parks, and I do not mental responsibility, would consider the partnerships know whether this is an opportunity for that. And cer- with many of the organisations in Bermuda who do tainly, having listened to the previous speakers in this spend an awful lot of time protecting our environment. debate it would be fantastic if we could have some The Minister in his opening statement mentioned the historical representation within this nature reserve, Audubon Society and Greenrock, and also the Minis- within the parklands that are going to be available to ter did say that there were mixed emotions from some the public. And so, if that can be also, as mentioned, Bermuda House of Assembly Official Hansard Report 17 July 2020 4473

formalised, I think it would be much appreciated by Does any other Honourable Member wish to the community. speak? Honourable Member? I have, in doing a little research and just also [from] my memories of the past, Special Development Mr. Scott Pearman: Mr. Speaker? Yes, Mr. Speaker, Orders have always seemed to have had some form MP Pearman. of controversy. And I know that this Minister has cer- tainly had his share of Special Development Orders The Speaker: MP Pearman. Yes, MP Pearman, you and the sensitivity around making these kinds of com- have the floor. MP Pearman? promises in Bermuda. And I guess, if I had any reser- vation, and I am going to preface [this] by saying that I Mr. Scott Pearman: Yes, thank you, Mr. Speaker, I’m support the way that there is a balanced approach just turning on my video. toward this particular SDO, that there have been cir- Mr. Speaker, this has been a very interesting cumstances where similar arrangements have been debate and a lot of people have spoken, so I do not made and then there has been major difficulty from a wish to add too much. financial perspective in either selling properties, being able to complete projects, and that would be a real The Speaker: Thank you. detriment to the very well established neighbourhood that exists there now. And so, I would hope that there Mr. Scott Pearman: I just wish to add six bullet are some assurances that can be provided to the points, if I can, including one which is a specific ques- neighbours in Riddell’s Bay that with the selling of tion to the Honourable Minister, and one I hope he will these lots that there will be successful completion of be able to address in his closing. the projects, that if things do go south that there is My first observation is just one that comes some form of contingency plan in place, so that it from the heart. I, like many in Bermuda, sort of feel does not end up becoming sort of, you know, a half- that we do not really need more concrete here. That is baked project. not to say that these owners will not do an excellent And so, I guess I really would like very much job of any houses they choose to build or that if they for Government to keep a close eye, to stay commit- sell land to others those who buy them may not build ted and to stay actively involved, especially from the beautiful houses. It is a very nice area, and I am sure preservation of the natural habitat, but to stay involved people will respect that. But we have a lot of empty in this project so that we can have some semblance of housing on this Island as it is. So I think a lot of people assurance that things are going to go well with this could sit back and ask, Why do we need more? Why and that we are not going to face some of the chal- are we going to get more concrete? And it is a legiti- lenges that previous SDOs have faced in the past. mate question on such a small landmass as we have. Because in some ways when there is development on Secondly, Mr. Speaker, there was a point property that is deemed to be an open space to put it raised by my honourable colleague, Michael Dunkley, generally, but you know it is, . . . hmm, I do not want earlier which is: What happens with future mainte- to way it is a form of desperation, but it is a compro- nance? And this is a common problem with develop- mise. And so when there is a compromise involved ments around the world. You know, they are nice ide- there is risk. And I just want to make sure that the as, they create jobs, they do what people want to do. Government in this SDO crosses all their t’s and dots But many years after when something starts to break all their i’s and makes sure that the environment is or a road needs [repairs] or whatever happens to be, protected at all costs, which the Minister has said time there have not been sufficient financial contingencies and time again that he is on it, and we are able to pro- to ensure that things are kept and maintained. I heard vide some level of access for the public to be able to the Honourable Minister, that there is a conservation enjoy this property. management plan. I did not hear him say whether or And, you know, I cannot leave this debate not that translates into financial contingencies. This is without reflecting on the National Trust and the Na- something that will have a great impact on future gen- tional Trust Walks and yes, so maybe for a couple of erations, and so I just respectfully suggest that the hours on a Sunday afternoon there are large numbers Government sharpen their pencil a bit about what sort of people on the property, but to be able to give ac- of financial preservations are made to assist in 20, 30, cess for people to be able to see such beautiful land or 40 years’ time. in Bermuda, that so much of it is untouched is an im- Thirdly, Mr. Speaker, I do wonder whether this portant part of our well-being here on the Island, and could set a dangerous precedent. This was plain and we must do everything that we can to make sure that simple land speculation, and well done to the owners. we feel the open space and that we can appreciate It was, you know, a lucky break for them. They got this that which we have here that is so precious, and with at a discount, and they will be able to sell it at a pre- that, Mr. Speaker, I complete my debate. Thank you. mium. And that is capitalism. And I do not fault them for it. But, alongside that we must remind ourselves The Speaker: Thank you, Honourable Member. that when the access to that premium, to that profit, Bermuda House of Assembly 4474 17 July 2020 Official Hansard Report lies through the hands of Government, and Govern- tures and aspects on this Island previously. So, let me ment holds the key through an SDO, we just need to invite him to consider this one: I have gone out and make sure and the public needs to be satisfied that looked around the property, and I note that there are a Government has achieved on behalf of the public eve- number of derelict boats on the property, including two rything in that bargain that they should have achieved in particular that were burned outright by the Island before unlocking that gate to profit for the owners. And there in Heron Bay and are now just sitting rotting on so, it is Government who has decided to allow this to the foreshore, indeed, on the land. And I would just happen, and I praise certain elements. I mean, the hope that as part of the project and the SDO and part idea of setting aside a parkland, albeit, at much small- of the conservation management plan the Minister will er acreage than the previous property. ensure that there is a clean-up of those boats. I don’t say it is the owners’ faults that they are Hon. Walter H. Roban: Point of order, Mr. Speaker. there. Obviously, those were there . . . or I say obvi- Point of order, please. ously, likely those were boats thrown up on the shore from hurricanes past. But it would be nice to see that if Mr. Scott Pearman: Yes, I will take your point of or- someone was going to be making some money off der. that, they could also tend to the environment, as ap- pears to be their intention through setting aside land Hon. Walter H. Roban: I am waiting for the Speaker for preservation. to acknowledge me. A fifth point before I come to my final question for the Minister is the suggestion that he made in our The Speaker: State your point of order. last sitting that the advice that had been given to him was privileged and therefore did not have to be POINT OF ORDER shared with the House. That surprised me, that asser- [Misleading] tion. I do not mean to debate with the Minister whether he is right or wrong, and I am not going to. But wheth- Hon. Walter H. Roban: Thank you, Mr. Speaker for er or not he is right or wrong, it is surprising that acknowledging me. It is not the job of MP Pearman to where we are looking at such a significant develop- acknowledge me; it is the job for you to acknowledge ment project involving so much of Bermuda’s land, I me. So thank you very much. would have thought that the Minister would want all There is substantially more conservation land the advice provided to him to be open and transparent being secured as a result of this arrangement. It is not for everyone to see, even if some of that advice was fair . . . it is unfair to the public that this [statement] be against the ultimate project or was against his deci- put out. It is clear a substantial amount of preserved sion-making. It would be in the Minister’s interest to be land and protected land is being provided to the pub- completely transparent, and I would invite him to re- lic. Thank you very much, Mr. Speaker. think that position. Finally, Mr. Speaker, I note that there was a The Speaker: Thank you. point that came up earlier, and it may be that I was not Continue, MP. paying close enough attention, but I think I have this right from what the Honourable Minister said and in- Mr. Scott Pearman: Thank you, Mr. Speaker. I am deed, from what the Honourable Shadow Minister not quite sure for the reason for that intervention. Ei- Sylvan Richards said. As I understand it, there is a ther there is more green space after this or there is question of access to the property by the public. And less. I would respectfully suggest that there is less. by the property, I mean the reserve, not obviously the But no doubt in closing the Minister can give the facts private ownership, not the lots themselves. But my and the numbers. My understanding is that there are understanding is that the Government would like the going to be 18 houses. That is not green space; that public to have access to the—I will call it the parkland means there will be less green space. That is pretty as a shorthand. The Government would like the public obvious. But no doubt, he can rebut that when he to have access to the parkland. And further, I under- closes. stood the Minister to say the developers, the owners, Nonetheless, Government has decided to let want the public to have access to the parkland. And the development happen, and I very much hope that indeed, I understood the Minister to say that they went they have bargained hard to achieve all they can. As so far as to create a side letter saying this. to that bargaining, let me come on, Mr. Speaker, to What I do not understand, and it may be that I my fourth point, and that is an environmental one. misheard or am mistaken, but I would be grateful for I appreciate that the Honourable Minister may the Honourable Minister to clarify, but if the Govern- feel he is getting a hard time today, but I don’t mean ment wants access by the public and the owners (or to give him a hard time. I know in his heart of hearts developers) want access by the public, why wouldn’t he is someone who champions the environment. He that public access be enshrined in the SDO? I thought has spoken in this House about environmental fea- I heard the Honourable Minister saying it is not in the Bermuda House of Assembly Official Hansard Report 17 July 2020 4475

SDO, and I thought I heard my honourable colleague, SDO. So, I would hope that Members, if they have not Sylvan Richards, pick up on the point. And so I would had an opportunity will go back and read from cover to just be grateful if the Honourable Minister could clarify cover the SDO, and they will see the references to the to the House if public access is not airtight and in the conservation management plan. So, it does not sit SDO, will the Honourable Minister please reconsider outside of the SDO—it is embedded in the SDO. So, it and put it in there, and indeed, if he will not put it in is a part of the conditions of the SDO. It has to be fol- there, could he please explain why he will not do so? lowed. It has to be the guide upon which any conser- Thank you, Mr. Speaker. I appreciate the time. vation and maintenance is followed, and if it is not ac- tually followed, the Planning Department can bring The Speaker: Thank you, Honourable Member. enforcement action if there were a breach of any of Does any other Honourable Member wish to the conditions. So, I hope that is clear to everyone. speak? There was a [question] raised about the value No other Member? of the overseas petition, and how perhaps it was not Minister. Would you like to close this out? valued by certain representations made around its development. Well, I will say this: I mean, petitions, of Hon. Walter H. Roban: Yes, Mr. Speaker. I also wish course, have their place. And they are a way of peo- to thank everyone who has made a contribution to this ple showing and expressing their views on a matter. debate, and I congratulate everyone for their contribu- But the value of the position is most importantly sup- tion to this debate, because actually this is in the very ported by the integrity and the ability to verify those spirit upon which this very structure of how we deal persons who have signed it, Mr. Speaker. So, I must with SDOs was devised and designed to work. say that when you have a petition that has persons Not only has the . . . when the initial devel- like Santa Claus, Justin Trudeau, Donald Trump, and opment application was made, the public had an op- Vladimir Putin that allegedly have signed it, or I can portunity to opine and give their views on the applica- even speak to one more close situation where some- tion, but Members of this legislature who represent one made representations to me that their name ap- thousands of our citizens who may not necessarily live peared on the petition and they had not signed it! in Riddell’s Bay or in the proximity of Riddell’s Bay Somehow, their name appeared on the petition. That have also had the opportunity to as a part of this Leg- often brings less value to such an effort if the integrity islature have their say in bringing those issues to the or verification of those on it cannot be attached in table. So, I congratulate every Member who has had some way that supports the effort that is being put the opportunity and taken it to do so, in the spirit of [forward]. how we wish for SDOs and how they have, certainly So, I think that is a part of the issue. You for the last 10 years, been devised to operate. know, petitions are valuable when the people who are I will now forthwith answer many of the ques- attached to it or put their name to it have some prox- tions that were posed by different Members. And there imity, they have some standing in the issue and can was a question or a point raised by a Member about be verified. wanting to be comfortable when taking their children I now move on to another point that suggest- or grandchildren or those close to them through areas ed there will be lack or there has been lack of envi- such as Riddell’s Bay that might have had certain re- ronmental oversight through this process. And I am strictions in the past, and want to feel comfortable that referencing a point made by the Member who sits for they can take those persons close to them or invite constituency 20, the Honourable Member. Well, there others to be a part of enjoying and experiencing prop- is an environmental impact statement that has 273 erties that may have been exclusive in the past. I pages, so this particular development has been the agree, and that is why this SDO seeks to create a subject of the highest level of environmental scrutiny space which will have public access. And I will ad- of a standard of which is international. Not just local, dress the issue on the question of public access later but environmental impact assessments are a part of in greater description, because that seems to have an international practice that this Government and this been a hallmark of many of the presentations that we community requires on such types of development. heard today. So, you have a 273-page environmental impact Mr. Speaker, there was a question about statement which is a part of this development. So, this whether the conditions in the SDO around conserva- has been heavily scrutinised, this has been given tion are robust enough. And I guess I am sort of syn- substantial oversight not only by whoever did the envi- thesising or summarising the point. Just to deal with ronmental impact statement, but also by environmen- that issue, the SDO sets out specific conditions for the tal groups who were pre-consulted. So, there has implementation of the conservation management plan been a great deal of environmental scrutiny, so I reject and the maintenance thereafter. The planning Act as that particular suggestion. well includes enforcement ability to enforce any Now, I will move on, Mr. Speaker, to some breach of the planning conditions, and the conserva- other points which I need to make sure I address. tion management plan is specifically referenced in the There has been the very important point made, and I Bermuda House of Assembly 4476 17 July 2020 Official Hansard Report do not take this point lightly made by a number of And if I can just contrast, Mr. Speaker, if this Members, Mr. Speaker. It is about the issue of the were a public holding, then we could write the condi- embedding in the SDO the condition of the public ac- tion in, if it were, for example like the St. Regis devel- cess. It was a point that rang like a very well-knitted opment which is a subject of a public holding of land. thread through the submissions by the Opposition, in So, you can write [the condition] because it is a public particular. So, there is no way I can ignore it— holding, and as we know, the issue of public access has been of great interest in that, and so, you know, it Hon. Patricia J. Gordon-Pamplin: Point of order, Mr. is possible for the Government because they are in Speaker. Point of order. that case dealing with a public holding to write a con- dition of public access. This is a private holding. But Hon. Walter H. Roban: —and I respect the need to as I said, this is not an issue of which we are ignoring, which to give an answer to that, and I believe it is an Mr. Speaker. important point to raise. And as I have stated, we have assurances from the developer of their commitment to public ac- The Speaker: Minister? Did someone ask for a point cess, Mr. Speaker, and in fact, and I am happy to of order? have this tabled in the House, Mr. Speaker, a written commitment from the developer and the investment of Hon. Patricia J. Gordon-Pamplin: Yes, sir. property to that. In fact, I hold it up so it can be clearly seen by Members. The Speaker: Minister, just yield for a minute. The Speaker: Would you like to have that tabled so it POINT OF ORDER is part of the record?

Hon. Patricia J. Gordon-Pamplin: Thank you. I think Hon. Walter H. Roban: Yes, yes, Mr. Speaker, I am perhaps inadvertently, but I think the fact that the is- doing this with the intention of tabling, and I can have sue of embedding the public access in the SDO was a it sent to your staff by electronic methods so that it common theme among the Opposition, I think it is im- can be available for Members to cite. portant for him to highlight that some of his Members also expressed that very same thought and concern. I The Speaker: Thank you. just wanted to make sure that it was not seen to be a one-sided Opposition-only observation. Hon. Walter H. Roban: Okay. But Mr. Speaker, we are going to go further, and we have agreement to go The Speaker: Thank you. further, and the legal counsel which I ably rely on has advised me we will go further. We have a MOU inten- Hon. Walter H. Roban: Mr. Speaker, may I continue? tion to draft and gain the commitment through a Mem- orandum of Understanding to this public access. So, The Speaker: Yes. Mr. Speaker, we will go far to ensure that this will be a part of this development in the future. Hon. Walter H. Roban: Yes, well, perhaps the Mem- ber missed, because the Honourable Member was Mr. N. H. Cole Simons: Mr. Speaker, point of clarifi- quick to come on her feet that I said in particular the cation. Opposition. So, I was acknowledging that it was not exclusively, but I said in particular. So, clearly my The Speaker: Do you have a point of clarification? Go comment was just focusing that it was a major point ahead. that they made in particular. But it was clearly made by others. I have not ignored that and my point high- Mr. N. H. Cole Simons: Yes, Mr. Speaker. lighted that. So, I will continue. Perhaps, the Honour- able Member missed that in my presentation. Hon. Walter H. Roban: Okay, Mr. Speaker, do I have But we have taken legal advice on this be- to say I will take it, or do I just automatically, it has to cause we understand that it is an important point of be taken? consideration, and the public may actually also find it of importance, and we did take legal advice, and it is The Speaker: Well, a point of clarification . . . You to be understood that this SDO speaks solely to plan- have to yield on a point— ning permission in principle and subdivision planning permission and the conditions attached to that. The [Crosstalk] SDO is a planning tool. It is a feature of the Develop- ment and Planning Act. And this is an actual SDO on The Speaker: You have to yield for the point of order a private holding. to be taken.

Bermuda House of Assembly Official Hansard Report 17 July 2020 4477

Hon. Walter H. Roban: Okay, but I did not agree to I think I have already answered about the petitions. So yield— I will go on, Mr. Speaker. Mr. Speaker, contrary to popular opinion or [Crosstalk] what some may think is popular opinion, not all of the residents of the Riddell’s Bay area object to this pro- Hon. Walter H. Roban: —but I will yield. posal. I would like to take this opportunity, Mr. Speak- er, to mention a few interesting comments that have The Speaker: Okay. been submitted to Planning which are on the subdivi- sion application record. At least two letters were re- POINT OF ORDER ceived in support of this development from persons resident in the area of Riddell’s Bay. And I will just Mr. N. H. Cole Simons: Thank you, Mr. Speaker. read some of what those letters said so it can be clear I understand what the Minister said in regard that this was substantive support and genuine in its to it being public and private, and the public will ena- effort. ble him to imbed the access into the legislation. But One letter said, Mr. Speaker, (and I will quote) he has just presented evidence to say that the access “As a resident of many years at the former golf course is available to the public. He also has evidence which Riddell’s Bay, I am writing to convey my wholehearted said that the owners have no problem with putting [it] support of the plans [which] Castile Holdings has for in the SDO. So even though it is private, he has the the land. Since purchasing the land, they have been owners’ agreement to imbed it into the SDO, so why extremely caring and proactive and considerate of the can’t he just do it? residents.” And I will go on to quote further in the same letter. “Castile Holdings have always considered The Speaker: Minister. the environment to be of the utmost importance and I for one support their plans wholeheartedly.” That is Hon. Walter H. Roban: Mr. Speaker, I have already just one letter of endorsement from a resident of the spoken to that. Regarding the concern that the SDO area known as Riddell’s Bay. does not stipulate public access, to be clear the SDO And I will go on further. I have another one, is a form of Planning permission and only for the pur- Mr. Speaker, I would like to read, because I think it is poses about granting Planning permission. It is out of important to let the record show that whoever the ob- the scope of the SDO. jectors were, they did not necessarily wholly represent The public access to the nature reserve areas all of the existing residents of Riddell’s Bay. However is not a matter to be covered by the SDO. It is out of [many] efforts they made to reflect that, that is not the the scope of the SDO. Access is not a Planning mat- truth. And I think it is important that the public know ter. The SDO’s scope is to Planning matters only, this. And I might say that these letters are on public which is why we are going to supplement that with record. They are in the file; anybody can go and look what I have suggested. We have the written commit- at them. I am not reading anything that is . . . like un- ments of the developer and we, the Government, will derhanded or undercover, that is secret and just, you enter into an MOU of which the developer has agreed. know, [AUDIO SKIP] to me or to the official record Now, even if the developer wants to put it into itself. the SDO, Mr. Speaker, it is not their SDO. It is a tool Now, this other submission says this, Mr. of the legislative authority of the Government. It is the Speaker: “As residents of Riddell’s Bay we are writing Government’s document. It is a tool of the legislature. in support of the proposal plan by Castile Holdings.” It is not the tool of the developers. Developers do not And that is quote, Mr. Speaker, and I will go further. write SDOs. It is a tool of the Government. So, based “The majority of residents of the area are in favour of on the legal advice we have from our own attorneys, the plan.” That is in this particular submission, Mr. this is the way we are going. We respect the intention Speaker. “The vocal minority,”—and this is a quote in that the developer was fully willing to do so, but that from the letter; these are not my words. “The vocal will be out of the scope of this document as it relates minority is living in the past with continued sour to private matters. grapes due to the closure of the golf course.” So I think I have answered that clearly. I have And I will go on, Mr. Speaker. “The proposed repeated my answer and I will now go on to answering development is minimal, environmentally sound, and the rest of the questions if you do not mind, Mr. has clearly been planned with limited impact to those Speaker. of us already living in the area.” Those submissions of persons supporting the The Speaker: Continue. development, which are a part of the record, are there for all to see, Mr. Speaker. Hon. Walter H. Roban: Mr. Speaker, in reference to Now, I will go on further to answer a number objections and the petition, references continue to be of other questions I think might have arisen. I may made of the number of individuals who signed . . . oh, have answered most, if not all, of them, Mr. Speaker. Bermuda House of Assembly 4478 17 July 2020 Official Hansard Report

Ah, yes, there was one about interest in purchasing. things I think that we cannot [attach] a dollar value to, The answer to that is Castile Holdings already identi- Mr. Speaker, is, one, this is land that (as the record fied at least . . . oh, yes. Let me just be more clear, shows) for the past 100 years has been exclusive. It Mr. Speaker. has not been open to the general public in any way. I know that there was some question that And there is now an opportunity to give more access some Members had about whether in this economic to the public. climate, due to the already substantial surplus of luxu- And I just reflect on another SDO, as my his- ry properties available for sale in Bermuda that per- tory of SDOs seem to have been the subject of some haps in the long term this development may not see attention, that 10 years ago, unlike another develop- the light of day . . . (I am just paraphrasing, essential- ment that was clearly the subject of some contention, ly) showing some scepticism on the possibility of this also brought about the securing under Government being a successful development and that there is an care and control 40-plus acres of reserve, which now appetite for the purchase of any of these 18 lots of the Government takes care of and is there for the pub- which are proposed. lic to have access to and for over 100 years had not Well, Mr. Speaker, my own discussion with had access to. Castile Holdings on this point, because it is a point So my point in concluding that submission, that I certainly am concerned about, was this: They Mr. Speaker, is that SDOs can be used for the public had made it clear that there is already significant in- good. Maybe in some far-off past when they were terest in their proposed development. In fact, they used, they may not have been [for the public good] in have had communications with a number of family all cases. But certainly the intention of this SDO, Mr. offices and others interested in purchases. And al- Speaker, is to bring about greater public good at the ready identified are at least a handful of purchasers end of the day, at the conclusion of the process. And who are waiting for the SDO to be approved. certainly we will hold the developer accountable. The And I can also say, let me just put aside, you members of the Government team in Planning and know, that might be . . . let’s just say for argument’s Conservation Services who will oversee the ongoing sake, Mr. Speaker, that is the developer blowing their maintenance of the conservation areas will ensure own horn, trying to just sell their own snake oil, or just, accountability. And I am sure that all of the other in- you know, push a pig in a poke, or sell a brick to terests in this, such as the environmental groups who somebody and make it look like it is real attractive. essentially committed their support to it, will also be Let’s just say for argument’s sake, Mr. Speaker, that watching. So this is not just going to be exclusive to [this argument is actually true]. Let’s just say for the the Government. sake of argument. We also have the conservation interest in the But I also have further verification from my country which is certainly not, I would say, connected own Planning team, who are independent of the de- with the Government, who will also be watching be- velopers and the investors in the property. And they cause they will want to ensure that the goodwill that have informed me that architects and agents have they gave to this project is fulfilled. So I think there is already approached Planning and indicated they are going to be a lot of attention to these points—public waiting for the SDO to go through so that they can access, conservation and protection, proper man- submit Planning applications around those lots. So as agement. These are all seminal elements of this pro- you can see, Mr. Speaker, the interest is there, the posal. appetite is there, and potential sales are there around I congratulate the developer for partnering up this property. So the buzz seems to be very loud and making the commitment. I also congratulate all around the possibilities of where this property and those environmental groups who clearly would have where this development can go. put strong advice to the developer which was taken I think that is exciting news. I think it is good and they, as champions of the environment, were a news for Bermuda. It is good news that there are peo- part of the value to this. I, again, congratulate the ple inside and outside Bermuda who are interested in Planning team and all who have worked on this who investing in this country and have confidence in our made sure that this SDO was representative of all that Bermuda. I say “our Bermuda,” Mr. Speaker, that it is supposed to represent as a Planning gain for the even in this pandemic condition there are people still country, as a conservation gain, as a development popping up ready to invest and bring about some level gain—that is three gains for this country. And that go- of development which is going to contribute not only ing forward, we will all make sure this happens. the $75-plus million which will contribute to a signifi- Certainly as Minister, I thank those Members cant . . . and I would argue against that the trust that is who gave acknowledgement to my commitment to the set up to ensure that the maintenance [is taken care environment. I do not want to be a part of any Gov- of] is not a significant portion of this, and the ongoing ernment that does not have the spirit of those ele- economic activity that will be attached with that devel- ments to it because I believe that we must protect our opment and the ongoing maintenance and support of land at the same time balancing that with our econom- even the conservation land. One of the wonderful ic development and opportunity. And I am tending to Bermuda House of Assembly Official Hansard Report 17 July 2020 4479

want to lean on the side of land protection, because if Fund was established in 1975, there was no separate we protect the land, it is there for the future opportuni- fund established. Contributions were paid into and ties and for enjoyment and care and also health that benefits were paid from the Consolidated Fund of the our country needs to have in the future. government. On April 1, 1998, the MMLPF was estab- So with that, Mr. Speaker, I will conclude my lished, and from that date contributions were paid into comments and I will move that the said draft Order be and benefits have been paid from this fund. Mr. approved and that a suitable message be sent to His Speaker, the provisions of the fund are as follows: Excellency, the Governor. • Ministers and Members contribute 12.5 per cent of salary. Government matches these The Speaker: Are there any objections to the draft contributions. Order being approved and the said message being • If a Member terminates before accruing eight sent? years of service, he or she receives a refund No objections. The said Order has been ap- of his or her contributions plus interest at proved and a suitable message will be sent to the 6 per cent per annum. Governor. That will now bring us to a close of that • The rate of pension earned is 3.6 per cent of matter. salary for each year of service and in calculat- ing a pension not more than 25 years of ser- [Motion carried: The Riddell’s Bay (Warwick Parish) vice may be counted. Special Development Order 2020 was approved.] • When a Member has more than 25 years, the service in higher office is counted first. The Speaker: We will now move on to the third order Honourable Members will recall that during for today’s business, which is the second reading of the sitting on the 5th of June 2020, in this Honourable the Ministers and Members of the Legislature (Sala- House, as part of a cost-cutting measure, the resolu- ries and Pensions) Amendment Act 2020 in the name tion under the Ministers and Members of the Legisla- of the Minister of Finance. ture (Salaries and Pensions) Act 1975 was passed. Minister. The purpose of the resolution was to temporarily re- duce salaries of all Members and non-ministerial of- BILL ficers by 12.5 per cent. In addition, the resolution tem- porarily reduced the ministerial portion of Member’s SECOND READING salaries by 15 per cent. The reduction took effect on July 1, 2020, and ends on June 30, 2021, a period of MINISTERS AND MEMBERS OF THE one year. LEGISLATURE (SALARIES AND PENSIONS) Mr. Speaker, in conjunction with the above- AMENDMENT ACT 2020 mentioned salary reductions, Ministers and Members contributions to the Ministers and Members of the Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Legislature Pension Fund was suspended along with Mr. Speaker, I move that the Bill entitled Min- the matching government contribution. The suspen- isters and Members of the Legislature (Salaries and sion of pension contributions also took effect on Ju- Pensions) Amendment Act 2020 be now read a sec- ly 1, 2020, and will also last for a period of one year. ond time. During the cessation period, a Member will lose one year of pensionable service. The cost-saving pro- The Speaker: Are there any objections to that? posals were as follows: There are none. • Ministers and Members will take a temporary Minister, continue. pay reduction. • For the period that their pay is reduced, they Hon. Curtis L. Dickinson: Mr. Speaker, I rise to in- will not make contributions to the MMLPF troduce into the legislature the Bill entitled Ministers • Government would suspend making its and Members of the Legislature (Salaries and Pen- matching contributions to the MMLPF. sions) Amendment Act 2020. Mr. Speaker, the Minis- • Pensionable service would not accrue for this ters and Members of the Legislature Pension Fund period. (MMLPF) was established on April 1, 1988 by the Min- Mr. Speaker, the projected cost-savings from isters and Members of the Legislature (Salaries and these reductions are $500,000 in relation to the Pensions) Act 1975. The purpose of the fund is to MMLPF contribution cessation, and $480,000 in rela- provide retirement pension for the Ministers, Members tion to the salary reduction. In addition, during the and officers of the Legislature of Bermuda in accord- June 5th sitting, it was noted that later in this legislative ance with the Act. The fund is administered by the session the Act would be amended to allow the Minis- Accountant General’s department. ter or Member to elect to make voluntary contributions Honourable Members should note that when to the MMLPF during the suspension period, or buy the Ministers and Members of the Legislature Pension back the year that is being lost in pensionable service. Bermuda House of Assembly 4480 17 July 2020 Official Hansard Report

The Bill currently before this Honourable House gives The Speaker: I recognise the Honourable Member effect to this proposal and provides for, amongst other MP Gordon-Pamplin. You have the floor. things, the following: It allows a Member to make an election to make voluntary contributions and requires Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. an election to be made to the Accountant General if a Speaker. Member elects to continue contributing to the fund. Mr. Speaker, the intent of this Act has been Mr. Speaker, this amendment also [INAUDI- told by the Finance Minister over the last little while, BLE] upon the death of a serving Member. The he is just enshrining now . . . we are actually receiving MMLPF already provides a widow’s pension and a now the legislation in relation to the intent that he has child’s pension if a Member dies before retiring. How- already expressed. This is effectively giving rise to ever, to provide further security to financial independ- what I call our make-believe pay reduction. Because ence if a Member dies, it is proposed to amend the what it says is that we have actually taken a reduction Act to create a death benefit for Members in line with in salary in order for the Government to try to meet the basic benefit of public officers outlined in the Pub- some of its savings within the budget, but in order for lic Service Superannuation Act 1981, [PSSA] sections Members to not take home any less pay then they 47 through 51. The PSSA provides for a capital sum were taking before the reduction in the gross amount payable upon death. For contributors to the Public of salary, there has been a suspension of the pay- Service Superannuation Fund who die while in the ments, the permission to suspend contributions to service of the government, benefits are available to pensions so that the net amount of money is not im- contributors employed for a continuous period of not pacted. less than one year at the date of death. The sum pay- I believe that the Minister has indicated sev- able is equivalent to one year of the contributor’s base eral times that the more money that exists to be able salary. to circulate in the economy the better. So this literally Mr. Speaker, to meet this policy objective the is giving rise to what he has already said. Act will be amended to provide for a capital sum to be I believe that the Minister in his comments just payable on the death of a serving Member. The now has paid respect to my position that I have held amended Act will add provisions similar to the capital for a long time, that pensions is not an area that we sum, the PSSA. The death benefit will provide a lump should mess around with. But the Minister had indi- sum payment to a Member’s nominee equivalent to a cated that notwithstanding that Members who wish to one-year’s basic salary. Each Member will be required will have the ability to effectively buy back their year to nominate in writing the person or persons to whom by making voluntary contributions. I do not know the the benefit will be paid. Mr. Speaker, I can also con- extent to which Members of the Legislature will find firm that the actuary has considered this benefit and themselves in a situation of being able to [do that], but can advise that there will be very little financial impact, I would suggest that if there is any possibility that they if any, on the fund by adding the capital sum benefit. do not need to have access to the liquid funds that Mr. Speaker, as at March 31, 2020, the fund they would be saving by not contributing, it is probably had net assets of over $10.8 million, representing ap- better to contribute. proximately 6.6 times the annual value of pensions I think that the ultimate impact, even though paid in the 2019/20 fiscal year. The effect, Mr. Speak- there is a set formula that is put in place for the calcu- er, is that if the MMLPF received no further contribu- lation of the final pensions that people will get upon tions it could still continue to pay out pensions at the retirement from the Legislature, I am always mindful prevailing rate for almost seven years. The last actu- that any changing of the equation could negatively ary report for the MMLPF was for the period March impact what an individual will ultimately get. But very 2017 and has already been tabled in this Honourable clearly, with the idea of being able to buy back part of House. Honourable Members are advised that the that lost time the formula will probably be able to en- next actuary review for the MMLPF is scheduled for sure that there is no negative impact to what a Mem- the period ending March 31, 2020. ber will be able to receive as a pension upon their re- With those brief comments, Mr. Speaker, I tirement. now read for the second time the Bill entitled the Min- Notwithstanding what I think about it, I think isters and Members of the Legislature (Salaries and that when we are in a situation where we have to go Pensions) Amendment Act 2020. down a dangerous slope of fiddling with pensions, it is Thank you, Mr. Speaker. always a bad thing from my perspective. However, with that said, I am also mindful of the straitened cir- The Speaker: Thank you, Minister. cumstances in which we find ourselves as a country, Does any other Member wish to speak to this given some of the extenuating circumstances relating matter? to COVID. And our financial situation, as we men- tioned this morning, has been exacerbated by not just Hon. Patricia J. Gordon-Pamplin: Yes, please, Mr. the lack of funding that the government has, we now Speaker, It is MP Gordon-Pamplin. have to go back to borrow more money in order to Bermuda House of Assembly Official Hansard Report 17 July 2020 4481

keep things going. But, more importantly, the nega- sion regime as a way of providing relief to our citizens. tive, or the lack of stimulation of the economy prior to I have for the most part, Mr. Speaker, ignored the ref- COVID has really put the Government up against the erences to the pay cut that is not a pay cut. And this ropes. This is probably one of the reasons why we are time I am not going to do that. I am going to tackle the finding ourselves in the position that we have now. bull by the horns and address what I would say is a We started to talk about the new input of a somewhat misleading characterisation of what it is we benefit, in terms of a benefit to a widow and depend- are trying to do. ent child upon the death of a serving Member. Clearly, Mr. Speaker, during my brief I mentioned that that is very positive. It is something that is line with the the Government would be, in the case of this legisla- PSSA, and I do not think we have an objection to it. tion, saving close to $1 million in cost as a result of I just wanted to support the legislation, albeit, I the suspension of contributions to the pension fund am uncomfortable with fiddling with pensions. I think and Members taking a reduction in their benefits, that when we say to the public that we have taken a which is equivalent, in my mind, and most people’s pay cut, it is, as I said, our make-believe pay reduc- minds, to their pay. Now, I get that sophisticated peo- tion. But under the circumstances I believe the Minis- ple, like myself and my colleague opposite, make a ter is trying to do the best he can with the little he has. distinction between pay and compensation. But for all And I believe that he has actually, up until this point in intents and purposes they are one and the same. time, already squeezed every ounce of blood out of So we are seeing in this case people will give the stone. I do not think he can get any more. up a benefit in support of the Government’s initiative It is a little bit comforting to know that there is to reduce costs, and so I see that as a savings. And I a 6.6 times annual value of pensions paid in [2020] in am sure that those persons who are not getting the terms of $10.8 million being in the funds, and that benefit of those contributions for the course of this even though the actuarial assessment, the last one year would also see it as something they are giving up that was done in March of 2017, it would seem that to the Government. the 2020 actuarial assessment will be forthcoming With those closing remarks, Mr. Speaker, I relatively soon and we will be able to have a determi- move that the Bill be committed. nation as to what the value of the fund is and what the actuaries determine is the extrapolated period of time The Speaker: Thank you, Minister. for which these funds will be able to be paid. Deputy Speaker, would you like to take us into So, given those few comments, and this is the Committee? seven years, approximately, that I referred to, the 6.6 years of annual value of pensions paid is in relation to. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. If there is no further infusion of funds into this account Speaker. for the next seven years, then the fund will still be able to be sustained. It is my fervent belief that during that The Speaker: Thank you. period of time, even though this order is in place for a period of one calendar . . . or one sort of one year, House in Committee at 6:00 pm from July 1, 2020, to June 30, 2021, then I believe that we will at some point in [the future] be able to [Hon. Derrick V. Burgess, Sr., Chairman] make up––it is the hope, my fervent desire––to see that there will be some kind of economic growth that COMMITTEE ON BILL the measures that are being put in place now will not have to be repeated. MINISTERS AND MEMBERS OF THE So with those few comments, Mr. Speaker, I LEGISLATURE (SALARIES AND PENSIONS) support the legislation that is being advanced here AMENDMENT ACT 2020 today by the Minister. Thank you, sir. The Chairman: Honourable Members, we are now in The Speaker: Thank you, Honourable Member. Committee of the whole [House] for further considera- Is there any other Honourable Member who tion of the Bill entitled Ministers and Members of the would like to speak to this? Legislature (Salaries and Pensions) Amendment Act No other Honourable Member. 2020. Minister, would you like to close up? Minister, you have the floor.

Hon. Curtis L. Dickinson: Yes, Mr. Speaker. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill I would like to thank the Honourable Member seeks to amend the Ministers and Members of the for her contribution. Legislature (Salaries and Pensions) Act 1975 to make Over the course of the last several weeks I provision for a Senator or Member of the House of have brought before this Honourable House several Assembly to elect to make voluntary contributions dur- pieces of legislation to make amendments to our pen- ing the period 1 July 2020 to 30 June 2021 and to Bermuda House of Assembly 4482 17 July 2020 Official Hansard Report provide for a capital sum payable on the death of a would have to make [such election] to the Accountant serving Member. General on or before the 31st of July 2020. We are Mr. Chairman, I move that clauses 1 through now halfway through the month of July and Members 4 be moved. may not have the opportunity to make the determina- tion [INAUDIBLE] they wish or whether they are in The Chairman: Continue, Minister. position to be able to make the selection to contribute voluntarily. So I am just wondering whether the date of Hon. Curtis L. Dickinson: Clause 1 is self- July 31, 2020, could not be extended for 15 days. If explanatory. the Minister could consider that, it would give Mem- Clause 2 amends section 10 of the principal bers an opportunity to evaluate their financial position. Act, to clarify that years of service will only be counted for the purposes of the qualifying conditions for eligi- The Chairman: Minister. bility for a pension if the Member has contributed to the fund throughout that period. Hon. Curtis L. Dickinson: Mr. Chairman, my under- Clause 3 amends section 11 of the principal standing is that the officers of the Legislature have Act, to clarify that years of service will only be counted been in touch with Members with respect to their elec- for the purposes of calculating a Member’s pension if tions and that this process started at some point either the Member has contributed to the fund throughout late last week or early this week. I know that . . . I see that period. the Member shaking her head. I know that I have Clause 4 inserts a new section 15AA into the been contacted and actually have been chased, in principal Act. Subsection (1) allows a Member to elect fact, by the office of the Legislature to get my election to make voluntary contributions, notwithstanding that form back in. I will take the request under advisement both Houses of the Legislature approved a resolution and revert. for the purposes of section 15A specifying that contri- butions toward the cost of pensions payable under The Chairman: Any further speakers? this Part shall be 0.0 per cent of salary during the suspension period. Subsection (2) requires an elec- Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. tion to be made in writing to the Accountant General Chairman, to verify, if I may. on or before 31 July 2020. Subsection (3) provides that a Member may either continue to contribute to the The Chairman: Yes, you may. fund in monthly instalments at a rate of 12.5 per cent of his salary during the suspension period, or make up Hon. Patricia J. Gordon-Pamplin: I thank the Minis- those contributions by lump sum payments by 30 ter for that. They are probably chasing people who June 2022. Subsection (4) provides that if a Member make real money. The rest of us don’t. As a result, I makes payments in accordance with subsection (3)(a) have not received such word from them. I am not sure or (3)(b) for the suspension period, that period shall about colleagues. be counted towards his years of service or contribu- tion (as applicable) for the purposes of sections 10(3) Hon. Curtis L. Dickinson: That is probably why, be- (eligibility for pension), 10A (deferred pension) and cause you have got a lot of money. 11(5) (calculation of pension). Subsection (5) makes provision for refund of voluntary payments in certain [Laughter] circumstances, and subsection (6) clarifies that sec- tion 15C(1) (Government’s contribution) does not ap- Hon. Patricia J. Gordon-Pamplin: No. ply to payments made under new section 15AA. The Chairman: Any further speakers? The Chairman: Any further speakers on clauses 1 through 4? [Laughter]

Hon. Patricia J. Gordon-Pamplin: Mr. Chairman. The Chairman: No further speakers. Minister, you want to move clauses 1 through The Chairman: The Chair recognises the Honourable 4? Member Pat Gordon-Pamplin. Ms. Gordon-Pamplin, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, I that move clauses 1 through 4 be approved. Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. Chairman. The Chairman: It has been moved that clauses 1 Mr. Chairman, I just have one quick question. through 4 be approved. It is under clause 4, this would be on page [2] of the Are there any objections to that? Bill, clause 4, [new section 15AA](2), that a Member There appear to be none. Bermuda House of Assembly Official Hansard Report 17 July 2020 4483

Clauses 1 through 4 are approved. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be reported to the House as printed. [Motion carried: Clauses 1 through 4 passed.] The Chairman: It has been moved that the Bill be Hon. Curtis L. Dickinson: Mr. Chairman, I would like reported to the House as printed. to move clauses 5 and 6. Are there any objections to that? There appear to be none. The Chairman: Continue, Minister. The Bill will be reported to the House as print- ed. Thank you, Minister Dickinson. Hon. Curtis L. Dickinson: Clause 5 inserts a new Part IV into the principal Act (new sections 15E to [Motion carried: The Ministers and Members of the 15H) to provide for a capital sum payable on the death Legislature (Salaries and Pensions) Amendment Act of a serving Member. This is modelled on Part VIII of 2020 was considered by a Committee of the whole the Public Service Superannuation Act 1981, which House and passed without amendment.] provides a similar benefit on the death of a serving public officer. Section 15E(1) provides that Part IV House resumed at 6:09 pm applies if the Member has been a Member for a con- tinuous period of not less than one year. Section 15F [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] allows a Member to nominate, in writing to the Ac- countant General, the person or persons to whom or REPORT OF COMMITTEE for whose benefit the payment may be made after the Member's death. Section 15G provides for the capital MINISTERS AND MEMBERS OF THE sum to be paid to the nominees, or to the estate rep- LEGISLATURE (SALARIES AND PENSIONS) resentative in the absence of nominees, or the Mem- AMENDMENT ACT 2020 ber in the amount of one year’s basic salary as a Senator or Member of the House of Assembly. Sec- The Speaker: Thank you, Deputy Speaker. tion 15H provides that any payment made under the Members, the Bill entitled the Ministers and new Part is in addition to any other benefits payable Members of the Legislature (Salaries and Pensions) under the principal Act. Amendment Act 2020 has now been reported to the Clause 6 provides for commencement. House as printed. Are there any objections to that? The Chairman: Are there any further speakers? No objections. The Bill has been reported. We will now move on to the next item on the Hon. Patricia J. Gordon-Pamplin: No comments on Orders of the Day which is the second reading of the these [clauses]. Public Service Superannuation Temporary Amend- ment Act 2020 in the name of the Minister of Finance. The Chairman: Okay. Minister, would you like to present your mat- No further speakers. Minister, do you want to ter? move— Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Hon. Curtis L. Dickinson: Mr. Chairman, I move that Mr. Speaker, I move that the Bill entitled Pub- clauses 5 and 6 be approved. lic Service Superannuation Temporary Amendment Act 2020 be now read the second time. The Chairman: It has been moved that clauses 5 and 6 be approved. The Speaker: Are there any objections to that? Are there any objections to that? No objections. There appear to be none. Continue, Minister. Clauses 5 and 6 are approved. BILL [Motion carried: Clauses 5 and 6 passed.] SECOND READING Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved. PUBLIC SERVICE SUPERANNUATION The Chairman: It has been moved that the preamble TEMPORARY AMENDMENT ACT 2020 be approved. Are there any objections to that? Hon. Curtis L. Dickinson: Mr. Speaker, the Govern- There appear to be none. ment now wishes this Honourable House to give con- The preamble is approved. Bermuda House of Assembly 4484 17 July 2020 Official Hansard Report sideration to the Bill entitled the Public Service Super- ure that will provide meaningful savings to the Gov- annuation Temporary Amendment Act 2020. ernment and intended to provide public officers with Mr. Speaker, the Public Service Superannuation the same level of take-home pay for public and uni- Fund [PSSF] was established on April 1, 1982 by the formed officers who take advantage of the option to Public Service Superannuation Act 1981 and its sub- suspend contributions for a year. sequent amendments. Members will be aware that the Honourable Members are advised that over a purpose of the Public Service Superannuation Fund is 12-month period the cost savings for this proposal are to provide retirement pensions for retired employees approximately $28.8 million in relation to the PSSF of the Government of Bermuda and the employees of contribution cessation and approximately $37 million various quangos (quasi-autonomous, non- in relation to the salary reduction. The proposal is as governmental organisations). The plan is a defined follows: benefit plan and its general provisions are as follows: • Employees will take a temporary reduction in • Non-special group members contribute 8 per their gross pay. For the period that their pay is cent of the pay. reduced, they can opt to not make contribu- • Special group members, for example, police tions to the PSSF. officers, contribute 9.5 per cent of the pay. • Government will also not make contributions • Government matches these contributions. If to the PSSF. an employee terminates employment in the • The employee will not accrue pensionable first eight years, he or she receives a refund service in the PSSF for this period. of his or her contributions plus interest at Mr. Speaker, this Bill provides for the tempo- 4 per cent per annum. rary suspension of the Government’s contribution into • Employees earn a pension based on earnings the PSSF and a temporary suspension of a member’s st and years of service in the PSSF. contribution to the fund during the period 1 of August st st • Employees are required to contribute to the 2020 to the 31 of July 2021; or, for teachers, the 1 st PSSF every year that they are employed. of September 2020 to the 31 of August 2021. • The pension earned each year is 1.5 per cent Mr. Speaker, I want to make it clear that the of their final earnings at retirement. suspension of this year’s contribution does not make • The maximum pension payable is 60 per cent any pension provisions of a public officer less favour- of final earnings. able than on the date that the person joined the ser- Mr. Speaker, Honourable Members are aware vice. Honourable Members are advised that section that COVID-19 has had a significant impact on eco- 91 of the Constitution provides that any amendment to nomic activity and a severe knock-on effect on the the Act should not make any pension provision of a 2020/21 budget. The combination of lower fiscal reve- public officer less favourable than on the date that nues and higher public spending will cause the pro- person joined the service. jected budget deficit of $19.8 million to increase signif- In addition, any special situations in which icantly. Government’s contributions are factored into the ben- Ministries have already identified savings in efit from the fund have been addressed in the Bill. The the following areas: Bill currently before this Honourable House also pro- • delayed the start of any capital projects that vides for the following: have not commenced; • It provides various definitions. • instituting an immediate freeze on the funding • It suspends the Government’s contribution. of vacant posts that are not required to ad- • It allows the contributor to elect not to make dress COVID-19 or to protect Bermuda’s na- contributions to the fund during the suspen- tional interests; sion period. • continuing the ban on non-essential govern- • It sets out the effects of a contributor not mak- ment travel; and ing contributions during the suspension peri- • reducing all discretionary spending including od. grants, consultancy, training, materials and • It allows the contributor to elect to repay the supplies, clothing and uniforms, et cetera. fund contributions during the suspension peri- Mr. Speaker, to reduce the deficit further other od within one year following the end of the temporary payroll or government employee overhead suspension period. savings have to be considered. Therefore, Govern- Mr. Speaker, Honourable Members will be ment has been in negotiations with unions to reduce aware the Government had previously started to ad- the salaries of all public officers. Correspondingly, it is dress the problems associated with the PSSF. Based proposed to freeze employer contributions into the on actuarial advice, PSSF contribution rates were in- PSSF with no benefits accruing under the plan for a creased during the period of 2006 to 2008, from 5 per one-year period if employees opt to suspend their cent to 8 per cent for regular members, and 9.5 per contributions for the year. This is a temporary meas- cent for uniformed officers. Mr. Speaker, this was part of the funding strategy to place the PSSF on a more Bermuda House of Assembly Official Hansard Report 17 July 2020 4485

stable financial footing and to attend to some long- cussed. The Minister has indicated in his comments in standing PSSF-specific issues that have had a signifi- terms of the health of the fund as it exists; however, it cant impact on the financial position of the PSSF. will be shored up by the Government by the Consoli- Mr. Speaker, to further improve the sustaina- dated Fund, I would imagine, if it should fall short. At bility of the PSSF, in 2014 cost-of-living adjustment the moment, it has seven times its annual requirement [COLA] increases were suspended for pensioners for . . . or seven times the annual payout (at the mo- until such time as the sustainability of the PSSF had ment) with a fund of $559.9 million. And we will wait been improved. Honourable Members should note until the actuarial report of 2020 is tabled in the Hon- that there was no simple remedy to resolve the un- ourable House. funded position of the PSSF. To assist with the com- The Minister spoke to unfunded liabilities and prehensive review of the PSSF, the Ministry of Fi- over time the history in respect of how the rates have nance plans to engage additional external resources been increased in order to help stabilise the fund it- to assist with the implementation of changes to the self. The PSSF covers the service and the Minister Public Service Superannuation Fund to enhance the has effectively said that it is his intention to try to long-term sustainability of the plan and the estimated make savings for the Government and one method by associated cost to provide these services. which he wants to make savings . . . this is one verti- Mr. Speaker, as of March 31, 2020, the assets cal (if I can put it that way) one avenue that the Minis- of the fund totalled $559.9 million, roughly seven ter has at his discretion which he has chosen to use. times more than the annual projected benefit payout The question that I have is that in these in- of some $80.3 million in pensions for this fiscal year. stances there are unions involved that actually sup- Mr. Speaker, although the PSSF is fully backed by the port the rights and privileges of the members of the Government, this fund’s balance provides further se- public service. So I wonder if the Minister––I did not curity of benefits. hear him say specifically, he may have done so and I Mr. Speaker, the last actuarial report for the may have missed it––that in respect of the union ne- PSSF was completed as of March 31, 2017, and has gotiations, it would seem to me that he would have already been tabled in this Honourable House. The given an indication that he has the agreement of the next report is due for the period ending March 31, unions to implement this legislation that he is bringing 2020. today. So could he just confirm whether we have the Mr. Speaker, it is important to note that the agreement of all of the unions represented, all of the actuarial liabilities of the fund are based on the bene- segments? fits earned up to the valuation date assuming the fund You will recall, Mr. Speaker, a few weeks continues indefinitely. Accordingly, the majority of back one of the unions in particular had made some these obligations are not due until extended periods public comments to which the Deputy Speaker actual- into the future. Nevertheless, it is important that Gov- ly spoke on the motion to adjourn to question how ap- ernment takes early actions to ensure that sufficient propriate it was for the public position to have been provisions are made to make future pension obliga- taken by that particular segment. So I am just curious tions. This is exactly what the Government did when whether the Minister has the acquiescence of the contribution rates were increased in 2006 and the membership through their union negotiations. COLA provisions were suspended. In the event that he does not have [this], if he With these comments, Mr. Speaker, I now has not been able to lock down all of the negotiations read for the second time the Bill entitled the Public with the unions to be able to support the legislation Service Superannuation Temporary Amendment Act that we are bringing, what further steps does the Min- 2020 and welcome comments from other Members. ister see as being necessary in order to be able to Thank you, Mr. Speaker. achieve the savings that he is looking at which will be provided by the steps that are being taken under this The Speaker: Thank you, Minister. particular legislation? Thank you, Mr. Speaker. Does any other Member wish to make a con- tribution on this matter. The Speaker: Thank you, Honourable Member. Does any other Honourable Member wish to Hon. Patricia J. Gordon-Pamplin: Yes, thank you, speak? Mr. Speaker, MP Gordon-Pamplin. None. Minister.

The Speaker: I recognise the Member MP Gordon- Hon. Curtis L. Dickinson: Mr. Speaker, in the work Pamplin. You have the floor. that we have been doing with respect to getting agreement on a wide range of cost savings, most of Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. them around employee costs, the Government has Speaker. been engaged with three public service unions as well Mr. Speaker, the premise and the context of as the three associations representing members of this is not dissimilar to other things that we have dis- the uniform services. I can tell the Honourable House Bermuda House of Assembly 4486 17 July 2020 Official Hansard Report that we have secured the agreements of the three Clause 4 deems the Government’s contribu- public service unions. That will be the PBSU, the BIU, tions to the fund to have been made at the same time and BUT and we remain in dialogue with the associa- as a contributor’s contributions in certain special cas- tions representing the uniformed services. es. Inasmuch as we are not able to garner the Clause 5 allows a contributor to elect not to support of those unions, we will have to examine other make contributions to the fund during the suspension options for cost savings. I am not at liberty at this point period as would otherwise be required by section 12 to give more details on what those options would in- of the principal Act. clude. Clause 6 sets out the effects of a contributor not making contributions during the suspension peri- The Speaker: Minister, would you like to move us to od: in particular, the suspension period shall not be Committee? taken into account under the principal Act as pension- able service, as time in the service of Government for Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. the purposes of section 33 (vesting after eight years), With those comments, I move that the Bill be or in computing whether a contributor has contributed committed. to the fund for a certain number of years, unless and until the contributor makes a repayment under clause The Speaker: Thank you. 7. However, the suspension period shall not be taken Deputy. to be an interruption in a contributor’s continuous con- tributions to the fund, and a contributor shall still be Hon. Derrick V. Burgess, Sr.: Yes, thank you, Mr. classed as a contributor even if not contributing during Speaker. the suspension period. Clause 7 allows a contributor to elect to repay House in Committee at 6:21 pm to the fund the amount of the monthly contributions that (but for his election under section 5) would have [Hon. Derrick V. Burgess, Sr., Chairman] been deducted from his salary during the suspension period, provided the repayment is made within the COMMITTEE ON BILL period of one year following the end of the suspension period or, if sooner, before he ceases being employed PUBLIC SERVICE SUPERANNUATION in service of the Government. TEMPORARY AMENDMENT ACT 2020 Clause 8 clarifies that any contributions made during the suspension period, or repayment of contri- The Chairman: Honourable Members, we are now in butions under section 7, shall be calculated on the the Committee of the whole [House] for further con- basis of the contributor’s full salary, whether or not the sideration for the Bill entitled the Public Service Su- contributor is for any reason (temporary reduction of perannuation Temporary Amendment Act 2020. salary or otherwise) receiving less than that salary at Minister, you have the floor. the time the contributions are made. Clause 9 modifies section 33 of the principal Hon. Curtis L. Dickinson: Mr. Chairman, this Bill Act (rate of pension). seeks to amend the Public Service Superannuation Clause 10 amends section 59 of the principal Act 1981 to provide for the temporary suspension of Act (determination of length of service for judicial pen- the Government’s contributions to the Public Service sion) to clarify in paragraph (a) that, in determining the Superannuation Fund, and the optional temporary amount of pension, account shall be taken of the full suspension of a contributor’s contributions to the fund, period during which a contributor was the substantive for the period 1 August 2020 to 31 July 2021 or, for holder of a judicial office and contributed to the fund, teachers, 1 September 2020 to 31 August 2021. as already provided in paragraph (b). Mr. Chairman, I move clauses 1 through 10. The Chairman: Thank you, Minister. The Chairman: Continue, Minister. [Are there] any further speakers?

Hon. Curtis L. Dickinson: Clause 1 is self- Hon. Patricia J. Gordon-Pamplin: We have no fur- explanatory. ther comments on this Bill, Mr. Chairman. Clause 2 provides definitions, and states that this Bill applies notwithstanding anything to the contra- The Chairman: Yes, Honourable Member Gordon- ry in the principal Act or in any contract or agreement. Pamplin, you have the floor. Clause 3 provides that nothing in section 13 of the principal Act shall be taken to require the Gov- Hon. Patricia J. Gordon-Pamplin: Thank you, sir. ernment’s contributions to the fund to be made during the suspension period. Bermuda House of Assembly Official Hansard Report 17 July 2020 4487

We have no further comments on any of We will now move on to the next item on the these. We are satisfied that the Minister has explained Order for this afternoon [which is] the second reading . . . of the National Pension Scheme (Occupational Pen- sions) Amendment (No. 2) Act 2020 in the name of The Chairman: Thank you, Member. the Minister of Finance. Any further speakers? Minister. There appear to be none. Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill entitled National Pension Scheme (Occupa- Hon. Curtis L. Dickinson: Mr. Chairman, I move that tional Pensions) Amendment (No. 2) Act 2020 be now clauses 1 through 10 be approved. read the second time.

The Chairman: It has been moved that clauses 1 The Speaker: Are there any objections to that? through 10 be approved. No objections. Continue, Minister. Are there any objections to that? There appear to be none. BILL Approved. SECOND READING [Motion carried: Clauses 1 through 10 passed.]

NATIONAL PENSION SCHEME (OCCUPATIONAL Mr. Chairman, I move that Hon. Curtis L. Dickinson: PENSIONS) AMENDMENT (NO. 2) ACT 2020 the preamble be approved.

Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased The Chairman: It has been moved that the preamble to provide for the consideration of this Honourable be approved. House the Bill entitled the National Pension Scheme Are there any objections to that? (Occupational Pensions) Amendment (No. 2) Act There appear to be none. 2020. Approved. Mr. Speaker, Honourable Members will be aware that the National Pension Scheme (Occupa- Hon. Curtis L. Dickinson: Mr. Chairman, I move that tional Pensions) Act 1998 provides for the establish- the Bill be reported to the House as printed. ment, administration and regulation of private sector occupational pension plans in Bermuda. The Act be- The Chairman: It has been moved that the Bill be came fully operational on the 1st of January 2000 and reported to the House as printed. over the years a number of amendments to the Act Are there any objections to that? and regulations have been introduced to provide for There appear to be none. The Bill will be re- various matters. ported to the House as printed. Honourable Members will be aware of the Thank you, Minister Dickinson. series of recent changes to the Act to provide for greater access by fund members to their pension [Motion carried: The Public Service Superannuation funds as the result of increased financial hardships Temporary Amendment Act 2020 was considered by created by the COVID-19 pandemic. In particular, the a Committee of the whole House and passed without national pension scheme legislation now provides amendment.] prime members subject to satisfying certain criteria with two additional types of refunds; namely, providing House resumed at 6:28 pm members up to a $12,000 refund for those under the age of 65 and who have not retired, and providing [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] members up to a 25 per cent refund for those 65 or older and who have retired. REPORT OF COMMITTEE Mr. Speaker, since the commencement of the refund provisions on the 1st of June 2020, as at the 1st PUBLIC SERVICE SUPERANNUATION of July, approximately $51.92 million in combined re- TEMPORARY AMENDMENT ACT 2020 fund applications have been approved. The break- down of these applications is as follows: The Speaker: Thank you, Deputy. • for the $12,000 refunds, total applications re- Members, the Bill entitled the Public Service ceived, 6,976; total number of applications Superannuation Temporary Amendment Act 2020 has approved so far, 4,382; and total value of ap- been reported to the House as printed. plications approved, $49,443,629; Are there any objections to that? No objections. The Bill has been reported. Bermuda House of Assembly 4488 17 July 2020 Official Hansard Report

• for the 25 per cent refunds, total applications previously. We actually had discussed the principles received, 97; total number approved, 79; total and the basics of this when we looked at the tempo- value of applications approved, $2,482,284. rary amendments that were made a little bit earlier Mr. Speaker, COVID-19 has had a significant around the COVID-19 emergency situation. So it is impact on [INAUDIBLE] activity and social conditions clear that people who have the ability to draw on their in Bermuda. In addition to these pension refunds, pensions––[because of] COVID-19 perhaps by itself Government swiftly introduced a number of relief or even in other circumstances––have taken ad- measures such as the temporary unemployment ben- vantage of the opportunity. The Minister indicated that efit for employees laid off as a result of the pandemic we had 6,976 applications of which 4,382 have actual- allowing a temporary suspension of required pension ly been approved for the $12,000 element, for people contributions to further provide support to both em- who were eligible to take out up to $12,000 of their ployers and employees, to name a few. pension fund. These are people who have not yet Mr. Speaker, both the Government and the reached retirement age, and that total was $49.4 mil- Pension Commission have increasingly received re- lion that they had taken out. quests by members of the public to be provided with Very clearly, we have also been made to un- relief from the current restrictions of the relevant pro- derstand (which is what I had recommended at the visions of the principal Act which requires an applicant time) that if people did not have the necessity to take for refunds to either be retired or not retired for eligibil- the money out of their pension funds . . . if they did not ity purposes. Government recognises that, for exam- need to use the money, to put the money back in as ple, in a case of persons over the age of 65 many voluntary contributions and that money would have have to continue to work full or part time to support been made available to them at their will, when they themselves and their family members during these needed it most. This is effectively saying that this situ- challenging economic times. To this end, Government ation obtains as a normal circumstance as opposed to agrees that the main criteria for refunds should be just under these special circumstances. whether or not the applicant meets the age require- The 25 percent to which the Minister referred, ment for the respective refund, and not whether they for people who had reached the age of 65, where they are retired or not. This is the primary reason for the were able to take out 25 per cent, was included in the proposed amendments to the principal Act. temporary amendment, but in that amendment it was Mr. Speaker, in addition, there are a number not barred . . . the $12,000 initially was barred for a of changes to clarify the payment of the applicable specific period of time. The 25 per cent was not annual administrative fees by both the pension plans barred at that point in time. The Minister has indicated and local retirement products and to reformat and 97 applications of which 79 have actually been pro- clarify the stated applicable fees to be paid by a plan cessed for a total of just under $2.5 million. It was im- administrator, employer and the pension fund in the portant to see the age of retirement being 65 or, you case of a multi-employer pension plan. There are also know, that people are able to take the money out at a number of other related consequential amendments. the age of retirement when they hit 65 and that there Mr. Speaker, I look forward to discussing the was . . . it has been clarified now that whether you are proposed provisions of the Bill with Honourable Mem- retired or not, it does not matter. bers. In closing, Mr. Speaker, I would like to thank all That kind of brings my mind back to my pet of those persons within the Pension Commission, the peeve when it comes to social insurance because you Attorney General’s Chambers and the Ministry of Fi- know under those circumstances you are entitled to nance who have assisted with the development of this social insurance at the age of 65 irrespective of Bill. whether or not you have retired. So this kind of mar- Thank you, Mr. Speaker. ries and works in lockstep with the social insurance aspect in which you are able to receive the benefit of The Speaker: Thank you, Minister. social insurance when you hit 65. And now at the age Does any other Member wish to speak? of 65 you can take out 25 per cent of your capital that is in your pension fund, your occupational pension Hon. Patricia J. Gordon-Pamplin: Yes, thank you, fund, at that point in time. Mr. Speaker. This is something that I have probably advo- cated for for longer than I can imagine. I say that from The Speaker: I recognise the Honourable Member the perspective that when somebody gets to the age Gordon-Pamplin. You have the floor. of 65, I have no doubt that they know not only how much money they have, but what they wish to do with Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. the money that they have accumulated, what they Speaker. have in their pension fund. And the idea of being Mr. Speaker, this legislation is kind of déjà vu forced to leave money in a pension fund in which by the fact that it is putting into the principal Act the market fluctuations can either grow or instantly dimin- temporary amendments that have actually been made ish the balance of those funds, just did not seem to Bermuda House of Assembly Official Hansard Report 17 July 2020 4489 me make sense for a good economic plan if people Does any other Honourable Member wish to could have access to their money that they would be speak to this matter? able to do with it whatever they will, invest it however they wanted to, or put it under the mattress if that was Hon. Michael H. Dunkley: Mr. Speaker, I just have a their desire. brief question to ask the Honourable Minister. So I was always mindful of the fact that, you know, especially having worked for a lifetime, most The Speaker: Yes, you can put your question. people are retiring at the age of 65 even if they were not ready to retire. The circumstance and our social Hon. Michael H. Dunkley: Thank you, Mr. Speaker. construct almost forced people to retire at the age of To the Honourable Minister, in the overview 65. The Minister has indicated that there are many that you gave in regard to this Act, you stated that ap- people now who find themselves at the age of 65 not plications for the $12,000 withdrawal were just about really in a position to stop working because they have 7,000 individuals and approximately 4,300-and- to continue to supplement themselves. But to be able change have been approved. Can you give some to have access to the funds in their pensions is a posi- overview on the 2,600 (approximately) that have not tive thing for them if they so choose. They can also been approved? still continue to leave those pensions in their fund. And Mr. Speaker, we understand the predic- Now, under the principal Act members, once ament that we are in, so I reluctantly support [the] they had reached pensionable age, which was 65, withdrawal of people’s funds to help [them] through and if they had retired, now that retirement require- this very difficult time. But I am just curious to under- ment has been stripped away. But the way it works is stand the meaning of 2,600 people not being ap- that if they got to 65 and they had retired you could proved. Is that because of a timeline in the approval actually take out 7 per cent of the balance of your process, or applications were not filled out correctly or funds as of December 31 of the year before, from the there were some other concerns? I thank the Honour- age of 65 up until the age of 70. Once you hit the age able Minister in advance. of 70, you then were able to take out 10 per cent of your money. And in some instances, when you think The Speaker: Thank you. in terms of what people have been able to amass or Does any other Honourable Member wish to salt away during that period of time as part of their speak? occupational pensions, that money was not really None. providing enough for some people, that 7 per cent or Minister. that 10 per cent. So to have the benefit of this lump sum of 25 per cent that they would be able to take out, Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. just kind of helps people with their financial planning. And thank the Honourable Members for their contribu- And I am certainly fully supportive of this. As I tions. said, it is something I have been calling for. There has I would say that part of the impetus for these always been the issue of whether the pension funds amendments is to update the regime to make sure will be able to sustain the demands on those pension that it is reflective of the circumstances in which we funds to keep them as a solvent entity to make sure currently live. There are a number of individuals in that everything is still okay if people started to pull out Bermuda who have elected to work beyond the nor- major sums, lump sums, from their pension money. mal retirement age of 65 who were desirous of having But the bottom line is, it is their money. Somebody at access to their pension money as they want to enjoy the age of 65, they know full well what they want to do their later years, and enjoy the money that they have with the money and there is no reason why people saved. And so the changes that we have made . . . should not be able to be free to have access to that the Honourable Member is correct. We have brought for which they have worked an entire lifetime or from our pension legislation somewhat in alignment with the advent of occupational pensions and be able to the social insurance process and practices. take that money out and do with it whatever they so With respect to folks who have withdrawn choose. money, a couple of observations. The regulations re- So I am fully supportive of this legislation, that quire that the administrators, once an application has this is now not just a temporary measure, as we saw, been approved, have 20 days to process it and get to help things out during COVID-19, but this is being the payment out. So I suspect that the difference be- enshrined as part of the way forward and what people tween the applications received and those that have can look towards––to expect going forward. So with been approved is probably an issue of timing, alt- those few comments, Mr. Speaker, I end my contribu- hough I can wait for a response from the Pension tion. Commission to see if there are any that have not been processed as a result of them being incomplete in The Speaker: Thank you, Honourable Member. their application.

Bermuda House of Assembly 4490 17 July 2020 Official Hansard Report

I would also say, just for the interest of Hon- (Occupational Pensions) Amendment (No. 2) Act ourable Members, that a number of folks who are 2020. availing themselves of the option to withdraw up to Minister, you have the floor. $12,000 are electing to leave the money in their pen- sion funds as a voluntary contribution. My sense is Hon. Curtis L. Dickinson: Mr. Chairman, this Bill that it is an attempt to kind of have some liquidity seeks to amend the National Pension Scheme (Occu- available to them as and when they need it instead of pational Pensions) Act 1998, and to make consequen- taking the money and spending it. tial amendments to the National Pension Scheme (Lump Sum Refund) (Retiree) Regulations 2020, the Ms. Leah K. Scott: Sorry, Mr. Speaker, I have one National Pension Scheme (Refund) (Temporary) question for the Minister, please. Regulations 2020, and the National Pension Scheme (General) Regulations 1999. The Speaker: The Minister has closed out now. Mr. Chairman, I move that clauses 1 through 7 be moved. Ms. Leah K. Scott: Okay. All right. No problem. The Chairman: Continue, Minister. The Speaker: Well, can you put your question while we are in Committee? Hon. Curtis L. Dickinson: Clause 1 is self- explanatory. [Pause] Clause 2 amends section 24 (9)(b) of the principal Act, to allow a member or former member of The Speaker: Member? a defined contribution pension plan or local retirement When we go to Committee, you can put your product who has attained the normal retirement age to question in Committee. apply for a lump sum refund of up to 25 per cent of his or her account balance. The previous requirement to Ms. Leah K. Scott: Thank you, Mr. Speaker. have the retiree retired is removed. Subsection 9(c) is amended to allow a member or former member of a The Speaker: Okay. Thank you. defined contribution pension plan or local retirement And with that, Minister, can you move us to product who has not attained the normal retirement Committee and the Deputy can take the Chair. age to apply for a lump sum refund of up to $12,000 during such period as may be prescribed. The previ- Hon. Curtis L. Dickinson: Mr. Speaker, I move that ous requirement not to have retired is removed. the Bill be committed. Clause 3 amends section 35 (Small pensions) of the principal Act by repealing and replacing subsec- The Speaker: Thank you. tions (1) and (2). Subsection (1) now provides for Deputy. payment to be made to both a member and former member of a defined benefits [pension] plan, that has Hon. Derrick V. Burgess, Sr.: Thank you, Mr. attained the normal retirement age, if the commuted Speaker— value of his benefit is not more than $50,000. Subsec- tion (2) now provides for payment to be made to both The Speaker: There is Member who has indicated a member and former member of a defined contribu- she wishes to put a question in Committee, I guess. tion pension plan or a local retirement product that Thank you, Deputy. You have the Chair. has attained normal retirement age, if his account bal- ance is not more than $50,000. The previous require- Hon. Derrick V. Burgess, Sr.: Thank you, Mr. ment in both subsections to have retired has been Speakers. removed. Clause 4 makes consequential amendments House in Committee at 6:43 pm to the National Pension Scheme (Lump Sum Refund) (Retiree) Regulations 2020. In particular, the word [Hon. Derrick V. Burgess, Sr., Chairman] “Retiree” has been deleted from the title and citation. Regulations 2 and 3 have been amended to provide COMMITTEE ON BILL for both a member or former member of a defined contribution pension plan or a local retirement product NATIONAL PENSION SCHEME (OCCUPATIONAL who has attained the normal retirement age to apply PENSIONS) AMENDMENT (NO. 2) ACT 2020 for a lump sum refund of up to 25 per cent of his ac- count balance. The previous requirement to have re- The Chairman: Honourable Members, we are now in tired is removed. For the sake of completeness, regu- Committee of the whole [House] for further considera- lation 9 has been amended to insert a requirement tion of the Bill entitled the National Pension Scheme that the Commission notify persons whose applica- Bermuda House of Assembly Official Hansard Report 17 July 2020 4491

tions have been denied, and to give a reason for its Hon. Patricia J. Gordon-Pamplin: —it speaks to decision. While the Commission currently does this on where the member or former member of a defined a voluntary basis, this will make it a mandatory re- contribution [pension] plan or a local retirement prod- quirement. uct has attained the normal retirement age, of up to Clause 5 makes a consequential amendment 25 per cent of his account balance, as may be pre- to the National Pension Scheme (Refund) (Tempo- scribed. rary) Regulations 2020 in the definition of “applicant” I wonder if the Minister could just for the edifi- to provide for both a member and former member of a cation of the public advise or confirm that this 25 per defined contribution pension plan or a local retirement cent can be made at the same time that the normal product who has not attained the normal retirement annual withdrawal of the 7 per cent between ages 65 age to apply for a refund of up to $12,000 during the and 70 and the 10 per cent from age 70 on, that these period prescribed by those Regulations. The previous can also be [INAUDIBLE] as well, because this is [IN- requirement not to have retired is removed. AUDIBLE] precluding one or the other. Clause 6 amends the National Pension Scheme (General) Regulations 1999. Regulation 19 The Chairman: Minister. (Fees) has been amended in paragraph (1A) to in- clude a reference to local retirement products. The Hon. Curtis L. Dickinson: Mr. Chairman, I can con- format of paragraph (1B) has been modified, but the firm that the amounts, the 25 and 7, are additives . . . substantive amendment provides for the payment of accumulative and so . . . and not— annual administrative fees out of the pension fund of a multiemployer pension plan. Hon. Patricia J. Gordon-Pamplin: A replacement for. Clause 7 provides for commencement of the Act by the Minister of Finance by notice published in Hon. Curtis L. Dickinson: Not a replacement of one the Gazette. or the other. So if you did it, it is not . . . if you take 7 Thank you, Mr. Chairman. then you can go back and still get 25 as opposed to you take 7 and you can get 18. The Chairman: Are there any further speakers? You can take both; you can take up to 32 [per cent]. Hon. Patricia J. Gordon-Pamplin: Yes, Mr. Chair- man. Hon. Patricia J. Gordon-Pamplin: Thank you. That was clarity for the edification of the public. That is very The Chairman: Ms. Gordon-Pamplin, continue. important for them to understand and I appreciate that explanation. Thank you. Hon. Patricia J. Gordon-Pamplin: Thank you, sir. Mr. Chairman, I am just trying to find the . . . The Chairman: Any further speakers? okay. Page 1, clause 2— Hon. Patricia J. Gordon-Pamplin: I did have one of The Chairman: Mm-hmm. my colleagues who had a question, Honourable Member Scott. Hon. Patricia J. Gordon-Pamplin: —[subsection] (b)— The Chairman: No. Any other speakers? They can speak for themselves, Member. The Chairman: [Subsection] (b)? Any further speakers? There appear to be none. Hon. Patricia J. Gordon-Pamplin: Pardon? Minister.

The Chairman: Did you say [subsection] (b), as in Hon. Curtis L. Dickinson: Mr. Chairman, I move that boy? clauses 1 through 7 be approved.

Hon. Patricia J. Gordon-Pamplin: Subsection (b), The Chairman: It has been moved that clauses 1 clause 2,— through 7 be approved. Are there any objections to that? The Chairman: Mm-hmm. There appear to be none. Approved. Hon. Patricia J. Gordon-Pamplin: —page 1, towards the bottom of page 1, [subsection] (b)— [Motion carried: Clauses 1 through 7 passed.]

The Chairman: Mm-hmm. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved. Bermuda House of Assembly 4492 17 July 2020 Official Hansard Report

The Chairman: It has been moved that the preamble Mr. Speaker, I move that the Bill entitled the be approved. Registrar of Companies (Supervision and Regulation) Are there any objections to that? Act 2020 be now read the second time. There appear to be none. Approved. The Speaker: Are there any objections to that? No objections. Hon. Curtis L. Dickinson: Mr. Chairman, I move that Minister, continue. the Bill be reported to the House as printed. BILL The Chairman: It has been moved that the Bill be reported to the House as printed. SECOND READING Are there any objections to that? There appear to be none. REGISTRAR OF COMPANIES (SUPERVISION The Bill will be reported to the House as print- AND REGULATION) ACT 2020 ed. Thank you, Minister Dickinson. Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased Mr. Speaker. to introduce to this Honourable House the Registrar of Companies (Supervision and Regulation) Act 2020 to [Motion carried: The National Pension Scheme (Oc- facilitate greater efficiency and cost-effectiveness in cupational Pensions) Amendment (No. 2) Act 2020 aspects of Bermuda’s regime to continue compliance was considered by a Committee of the whole House with international standards set by the Financial Ac- and passed without amendment.] tion Task Force [FATF]. Mr. Speaker, this Bill will transfer the anti- House resumed at 6:51 pm money laundering and anti-terrorist financing [AML/ATF] supervisory responsibilities from the Fi- [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] nancial Intelligence Agency [FIA] to the Registrar of Companies [ROC] in relation to dealers in high value REPORT OF COMMITTEE goods. The Caribbean Financial Action Task Force NATIONAL PENSION SCHEME (OCCUPATIONAL (CFATF) recently completed an assessment of Ber- PENSIONS) AMENDMENT (NO. 2) ACT 2020 muda’s AML/ATF regime and a strongly positive re- port was published by FATF in January of 2020. Ber- The Speaker: Thank you, Deputy. mudian authorities continue to proactively work on Members, are there any objections to the Na- strengthening the effectiveness of the regime includ- tional Pension Scheme (Occupational Pensions) ing enhancing the cost-effectiveness and efficiency of Amendment (No. 2) Act 2020 being reported to the the regime. House as printed? The amendments contained in this Bill will There are none. It has been reported. address this in relation to the AML/ATF supervision of That closes that matter and we will move on dealers in high value goods. Mr. Speaker, one of the to the next item. areas of focus of Bermuda’s mutual evaluation as- Minister of Finance, am I in correct that [Order sessment was Bermuda’s approach to the supervision No.] 6 is being carried and we will do [Order No.] 7, of the sector described by the FATF as “designated Right? We are carrying the Trusts and we are doing non-financial businesses and professions,” or the Registrar of Companies? DNFDPs. This sector is comprised of several busi- nesses and professional groups such as lawyers, ac- Hon. Curtis L. Dickinson: Yes. I have it as [Order countants, trusts and company service providers. Al- No.] 5 being carried and [Order No.] 6 being debated so, it includes real estate dealers and dealers in pre- now. cious metals and stones. At present, dealers in precious metals and The Speaker: Six? No problem. stones are covered under Bermuda’s AML/ATF laws Members, we are now on to the second read- in the category described as dealers in high value ing of the Registrar of Companies (Supervision and goods. This category also includes dealers in cars, Regulation) Act 2020 in the name of the Minister of boats, trucks and motorcycles, as well as auctioneers. Finance. The AML/ATF supervision of this group of businesses Minister. is currently being carried out by the FIA whose prima- ry statutory role is that of financial intelligence. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speaker, early in the development of Bermuda’s AML/ATF framework, when it was initially determined that the FIA would be an AML/ATF super- Bermuda House of Assembly Official Hansard Report 17 July 2020 4493 visor, it was intended that FIA would regulate efforts today has been favourably assessed in Ber- DNFDPs. However, this would not include trust and muda’s recently published mutual evaluation report. In company service providers who were to be regulated light of this, the Bill seeks to leverage the existing su- by the Bermuda Monetary Authority. This approach pervisory capabilities and resources in the ROC and was generally similar to that taken in jurisdictions such thus relieve the FIA of the responsibility to continue as as Canada, Australia, and Barbados. However, sub- the AML/ATF supervisor for dealers in high value sequent policy decisions resulted in the FIA only being goods. designated as an AML/ATF supervisor for dealers in Mr. Speaker, the Bill enacts legislation to give high value goods while the other sector, such as real effect to the new supervisory responsibilities that are estate, casino gaming, lawyers and accountants were assigned to the ROC. Additionally, to further facilitate assigned to other supervisors. the transfer of responsibilities from the FIA to the ROC Mr. Speaker, consistent with the FATF’s ap- the Bill also makes miscellaneous amendments to the proach to supervision of dealers in precious metals Proceeds of Crime Act 1997, the Anti-Terrorism (Fi- and stones, Bermuda’s registration requirements for nancial and Other Measures) Act 2004, the Proceeds dealers in high value goods is based on a cash of Crime (Anti-Money Laundering and Anti-Terrorist threshold, although the amount is lower than the Financing Supervision and Enforcement) Act 2008, FATF threshold. Therefore, only dealers in high value the Financial Intelligence Agency Act 2007, the Pro- goods that wish to accept cash above the prescribed ceeds of Crime (Anti-Money Laundering Anti-Terrorist threshold of $7,500 are required to be registered and Financing) Regulations 2008. required to comply with the AML/ATF regulations. In Mr. Speaker, the totality of the new legislation 2018, only two dealers in high value goods registered together with the miscellaneous amendments provide with the FIA. However, as of the 30th of June 2020, for the transfer of supervision of dealers in high value there were no registered entities, as retailers are mak- goods from the FIA to the ROC and gives effect to this ing operational decisions to refuse cash transactions change in responsibility. Thank you, Mr. Speaker. at or above the statutory threshold. Notwithstanding this there is still the need for The Speaker: Thank you, Minister. the whole sector to be monitored to ensure that unreg- Does any other Member wish to speak? istered dealers of high value goods do not intake cash above the statutory threshold and that they maintain Hon. Patricia J. Gordon-Pamplin: Yes, thank you, operational practices to ensure this. The need for con- Mr. Speaker. tinued monitoring of this sector will require the FIA to continue to maintain the supervisory programme with The Speaker: I recognise the Honourable Member appropriate resources to support this, even when Gordon-Pamplin. You have the floor. Go right ahead. there are no registered entities and no fees being paid to defray the costs. Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. Mr. Speaker, the primary function of the FIA is Speaker. to gather, analyse and disseminate financial intelli- Mr. Speaker, I just had a [INAUDIBLE] be- gence and to work in partnership with other competent cause I think the Minister has explained the purpose authorities to digest and utilise this intelligence. As a for which this transfer is being made from the FIA so result of requirements imposed by international bod- that they effectively have firewalls between those who ies, under the security of the intelligence function, su- are gathering and analysing data which is the remit of pervisory staff within the FIA cannot be involved in the the FIA and regulating it. But in the transfer of these FIA’s intelligence work. It is clear security partitions functions to the Registrar of Companies it seems to have to be created between the intelligence and su- me that the Registrar is taking on a bigger responsibil- pervisory functions. In the existing circumstances, ity of being a regulator. continuing to have the FIA as the AML/ATF superviso- I believe historically the Registrar of Compa- ry is not cost-effective or efficient. Therefore, it is im- nies has been more a repository for information as portant for Bermuda to transfer the supervision of opposed to a regulator. So with that thought process, I dealers in high value goods from the FIA to a suitable wonder if the Minister will allow me to understand supervisor with the relevant expertise. whether the Registrar of Companies actually has the Mr. Speaker, by legislation, the Registrar of funding to enhance their infrastructure to become a Companies is also the superintendent of real estate to regulator. I understand that with the FATF report the whom statutory powers have been given and financial move makes eminent good sense, but I am just not and other resources have been provided to facilitate certain that I understand whether the Registrar of the AML/ATF supervision of the real estate sector. Companies is effectively powered up, sourced up, to Substantial work has been done by the superinten- be able to take on this regulatory function. dent to develop a robust supervisory programme and I know the Minister indicated that on the FIA to enhance the skills and capacity within the ROC to on the high value dealers for 2018 there are only two competently carry out this work. The success of their dealers. In 2020 there were no registrations. So it Bermuda House of Assembly 4494 17 July 2020 Official Hansard Report might be a question of saying that the responsibility porting of the FATF and everything else, keep us on goes over to the ROC, but there is going to be no ex- the right side, make sure that they have the resources tra work for them to do because there was very little, if for that which we are now asking them to take any, registration. But with that said, I am not certain charge? whether no registration is indicative of no activity with- So with those few comments, Mr. Speaker, I in the operations, or whether there are operations that do not think . . . I do have one other comment if you are still going on that are effectively not complying would just give me one second. I do have another with the existing rules and regulations. question, and that is, When we look at the necessity I am just a little bit mindful that the more we as we spoke about, as has been topical over the take responsibilities and strip them away from one course of this past week, when we were looking at the area and put them into another . . . I know I have had restrictions on disclosures in this information, what lots of interaction historically, none recently because I does . . . within the Registrar of Companies and within am no longer in the corporate field, but certainly his- this legislation there is the restriction of disclosure, torically there were lots of delays with information that certain restrictions in terms of disclosing certain infor- was being required by the Registrar of Companies. mation. I am just curious to know whether the disclo- And I believe that they were able to catch up and be- sure and the opening of the books and the registry for come a lot more efficient with their processes. But if beneficial ownership is going to have any kind of im- we are going to pile extra stuff on them, I just want to pact on this particular area. It may not; but the thought be comfortable that they have the resources to ensure came up when I looked at the issue in terms of the that they are able to keep on top of their workload. restrictions on disclosure. So with those few com- Because very clearly anti-money laundering and anti- ments and questions, Mr. Speaker, I will allow others terrorist financing are very critical not just to the stabil- to contribute. ity of the country, but also meeting international standards for excellence that we are required to do. I The Speaker: Thank you, Member. believe the OECD has those demands of us. Every- Does any other Member wish to speak? body wants us to maintain certain standards. Things that could conceivably have transac- Ms. Leah K. Scott: Yes, please, Mr. Speaker. tions that may not necessarily be able to be traced, per se, things such as . . . I mean, I know the Minister The Speaker: It sounds like the Deputy Opposition indicated cars, boats, truck, motorcycles, and the like. Leader. Honourable Member, you have the floor. But with those types of operations, I would imagine that the values, even though they are deemed to be in Ms. Leah K. Scott: Thank you, Mr. Speaker. the class of the high value transactions, I am not cer- Mr. Speaker, about a month ago I was coming tain that the monetary value . . . it is low, at $7,500. At out of the parking lot of Parliament and I saw the Min- the $7,500 threshold, I do not think that there is much ister of Finance. We had a brief conversation, and he that somebody would be able to work around if they said to me, You know, since I have been in Parliament said, Well, you know what? I will deposit $5,000 of the I have been assessing the personalities of people in $7,500 today and then the rest of it on another day. Parliament. And he went through different people and So I am just curious as to whether 2020 having no what their kind of theme was. And he said, For you, registration what is going to be gained in terms of effi- your theme is . . . and I won’t say the words he said, ciencies but also in terms of fulfilling our international but it was essentially that the OECD and FATF and all requirements by moving this over to the Registrar of of the alphabet regulator industries are just not . . . I Companies. am not a fan of them. I think that the BMA, historically, has had And I am not. And this is just a continuation of oversight over certain areas. But the BMA, you will the regime that they continue to impose upon us as a recall, Mr. Speaker, has been staffed up incredibly jurisdiction, Mr. Speaker. well in terms of the amount of resources that have But in terms of the comments that I have to been provided to the BMA. The BMA as an organisa- make I would like to continue on the theme that my tion is almost a mini government all by itself. And they colleague has set. My concern is that the Registrar of have all the necessary bells and whistles and assis- Companies has always been a repository of infor- tance that they need in every aspect of what they mation and it has always been a dispenser of infor- need to do. They may disagree that they are short- mation. So when you need something, if you need a staffed in certain areas, but I believe generally they memorandum of association or you need to find out have all that they need. Are we putting too much some public information about a company, they are pressure on the Registrar of Companies in changing the ones that give you that information. And so the their function from that of being a repository to that of transition of the function of this from the FIA to the being a regulator? And what resources have we put in Registrar of Companies is concerning to me because, place to ensure that we are satisfied that they are able notwithstanding the fact that they may not have multi- to do their job to keep us on the right side of the re- ple transactions . . . the volume of the transactions is Bermuda House of Assembly Official Hansard Report 17 July 2020 4495

basically irrelevant. It is having people who have the I think that the general concern, not just with skill set and the ability to deal with the transactions as this Bill, but from a high level, is the extent to which and when they come through. the Registrar of Companies is being called upon to Are they going to know that they have to perform regulatory functions. And, indeed, for the last check certain transactions against a sanctions list? few years we have sort of gone through this dance What sort of ongoing training are they going to be in- where we have wondered whether or not the Registrar volved in? What sort of system does the Registrar of of Companies was becoming a quasi-regulator. And Companies have in terms of keeping information pri- now we see expressly that it is being asked to perform vate and confidential and against hackers? I do not regulatory functions. Whether that is a good thing or know what the infrastructure of the Registrar of Com- whether that is a bad thing is a matter for debate. panies is at this moment. I know that there are people Whether it should happen is a matter for policy deci- who have been working there for an extremely long sions that rest with you and with Cabinet more broad- time. I would like to know that we are able to provide ly. So we recognise that. them with this transition and that the information will Obviously, the current Registrar, the occupant be safe, but that we also have the skill-set to be able of the office at present, is someone of immense tal- to manage this. ents. And any comments that we offer about concerns Now, I know that the Minister said that the about the Registrar of Companies and its ability to Registrar is the superintendent of real estate and real cope is not in any way intended to reflect in any way estate agents and brokers. But my understanding is but positively upon the current incumbent who really is that the position is to ensure that the licensing regime bringing a great deal of strength to that role and is an is adhered to. It is not so much in terms of the level of amazing Bermudian asset. That said, if one kind of AML/ATF responsibility that the FIA has. So while I looks at the concept of the Registrar of Companies understand that they want to transition to the Registrar and one looks at the BMA and one asks oneself, Do of Companies, I guess I want to be satisfied that the we need two regulators? And if we only need one, infrastructure is there to support the transition and, Which should it be? Which [one] has the capacity and indeed, that the staff are supported so that they are the resources and the budget and the finance and the not put in a position where their jobs are compromised strength to deal with regulatory aspects that are being because they do not have the relevant information or imposed upon us at an all-too-frequent rate? training to be able to manage the transition from being The Minister may recall that he and I joked, a repository to being a regulator. perhaps it was two years ago, perhaps it was a year You know, the BMA has been a regulator for ago, about death by a thousand paper cuts. But that is many, many years, and they have been founded on the reality that we, as an international financial centre, confidentiality. And the Registrar of Companies is not face. And you know that Honourable Minister as well an institution that has been built up in that same way. as, if not better than I do. So I guess my only com- So while I appreciate the need to do this, and I under- ment is, at some point it would be sensible, if you stand the transition and respect it, I would like to have have not already done so, to just look at whether or some comfort, again in joining with my colleague not there is a need for rebalancing between the Regis- around the transition to the Registrar of Companies trar of Companies and the BMA in terms of the func- and the safety of the records, the ability for the staff to tions allocated. be able to make the transition and for the staff to be There is . . . at least on the street one hears supported in the transition as we go forward with all of anecdotally (and I am not saying that makes it right, these regulatory changes. but one does hear) that the Registrar of Companies is Thank you, Mr. Speaker. being overly put upon, lacks sufficient resources and is concerned about the amount that it is being asked The Speaker: Thank you, Member. to do. So I am sure that is something the Honourable Does any other Member wish to speak? Minister is aware of already. No doubt it is something that the Honourable Minister is giving concern to ad- Mr. Scott Pearman: Thank you, Mr. Speaker, MP dress. But I guess we are just saying in a very biparti- Pearman. san and friendly way, you know, just watch this space to make sure that we do not overburden what I think The Speaker: MP Pearman, you have the floor. one, or perhaps both, of the previous speakers de- scribed as an entity that was supposed to be a reposi- Mr. Scott Pearman: Thank you, Mr. Speaker. tory of information and not a regulator. Minister, thank you for your sensible presenta- So with those very brief comments I thank the tion. Both of my colleagues who spoke just prior to me Honourable Minister for his presentation and invite have really touched upon the points that I actually him to take that on board, perhaps not today but at wanted to raise as well. So I will just raise them very some future point in time, to ensure that we are, as we briefly. currently are, one of the top international financial centres in the world. Bermuda House of Assembly 4496 17 July 2020 Official Hansard Report

Thank you, Honourable Minister. Thank you, they say, Well, we will have to get it from the Registrar Mr. Speaker. of Companies. And they are able to do that quite pro- ficiently. The Speaker: Thank you, Honourable Member. And so I am saying, with all these added re- Does any other Honourable Member wish to sponsibilities I do not want that efficiency to be com- speak? promised. We have to ensure that we have the proper resources, proper systems, the proper procedures to Mr. N. H. Cole Simons: Yes, please. This is Cole Si- ensure that they are poised for success given their mons. added load of responsibility because of the global AML/KYC [anti-money laundering/know your custom- The Speaker: It sounds like the Honourable Member er] and the requirements that are bestowed upon Simons. Honourable Member, you have the floor. Bermuda in the financial service industry. Thank you, Mr. Speaker. Mr. N. H. Cole Simons: Thank you, very much. I will be very, very brief. As my colleagues The Speaker: Thank you, Honourable Member. have said, there has been a shift in regard to the Does any other Honourable Member wish to world and functions of the Registrar of Companies speak? from a repository to a regulator. I take the view that There are none. with the financial intelligence there is also the other Minister. responsibility of economic substance, because eco- nomic regulations have to be implemented and man- Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. aged and policed by the Registrar of Companies. First, I would like to thank Honourable Mem- So my question to the Minister is, Has he or bers for their contributions, and particularly for their has someone in his department really done an exten- expressions of concern about the burden that is being sive overview to look at the impact of all of these addi- placed on the Registrar of Companies. I am sure that tional responsibilities that are being bestowed upon the team upstairs on the fourth floor appreciates the this agency? I mean, the economic substance re- kind words and the concerns being expressed for their quirements, as you all know, are extensive, paper in- well-being and the work that they are doing. tensive, burdensome, and have to be monitored, po- What I would say is that the Registrar of liced, audited, there are inspectors . . . this is another Companies had probably been known as a repository, type of audit department within the Registrar of Com- but their role has been evolving over the course of the panies. last several years. I would remind honourable col- So just adding this piece makes me question, leagues that as far back as 2016 the ROC was start- Have we looked at the big picture and defined a ing to perform a dual role—one, as the keeper of doc- roadmap and a structure for the Registrar of Compa- uments, and the other being an evolving regulatory nies going forward, given their added responsibilities? role. We have the legislation, as I said, today. We have the As I mentioned this morning during my Minis- economic substance requirements and all that is terial Statement of something entirely different, the needed to support that. And then they still are proba- world is a constantly changing place. If we do not bly responsible for providing information to the public. evolve, then we run the risk of kind of becoming irrel- And then the other question, as was asked by evant. And so the ROC has been evolving. I can tell the Honourable Pat Gordon-Pamplin, was . . . we you that they have done some superb work over the have the register, the beneficial ownership register. course of the last 12 months, in particular. Honourable Will they be responsible for that as well? So I would Members who are not familiar, after our blacklisting I do an overarching study with a long-term plan to see asked the ROC to run points on the exercise to get us how best to move forward with the Registrar of Com- greylisted and then whitelisted. And they were the panies and do an assessment of the resources need- lead agency responsible for interactions with the EU ed, the people needed, the IT information needed, as we worked with the BMA and the Ministry Head- and the controls needed so that they will be poised to quarters team to get that issue across the line. be successful in all the responsibilities and roles that The ROC does have a dual track upstairs, so they will enjoy going forward because of the ever- there is a group of folks who work on the depository changing environment in the financial service industry. side and then there is a group of folks who work on I know from a banking point of view that we the regulatory side. And with respect to economic call and ask our clients to get a number of documents substance, the ROC is the place who has responsibil- from the Registrar of Companies. And they are fairly ity for the regime. They are in the process of spending responsive. I mean, a perfect example from a banking a bunch of money putting in place a new system. This point of view, I have always asked, Do you have a system will be used to ensure compliance with EU, certificate of good standing? when they open up an economic substance requirements as well as OECD account, or when we have an account review. And requirements. And so the team is doing some extraor- Bermuda House of Assembly Official Hansard Report 17 July 2020 4497

dinary work, and they are a really dedicated team who of dealers in high value goods from the Financial Intel- I am extraordinarily proud of. ligence Agency to the Registrar of Companies. There was a comment raised about resourc- Mr. Chairman, I move clauses 1 through 10. ing. Resourcing continues to be a challenge in the compliance space worldwide. We are working with the The Chairman: Continue. ROC to find a solution for that. It is not the lack of au- thority to go and make hires, but just like the world is Hon. Curtis L. Dickinson: Clause 1 is the citation. short of nurses, the world is also short of dedicated Clause 2 is the interpretation provision provid- and qualified compliance professionals. So we have a ing cross references to other AML/ATF Acts for the department that is in transition, but one that has ac- definition of certain technical terms used in this Act. cepted the challenge of the burden that we are placing Clause 3 provides for the Registrar of super- on them and are doing the job very, very well. visory and regulatory functions and powers under this The question around whether Bermuda has Act, particularly as it relates to dealers in high value enough space for two regulators is one that I certainly goods. am giving consideration to. You would expect that dur- Clause 4 protects information relating to a ing this pandemic that has certainly kind of forced me person’s business or other affairs which is provided to to put some things on the back-burner as we try to the Registrar for the purposes of this Act. Disclosure figure out what the optimal structure is for our regula- of such information without consent is prohibited and tors. But I would say this: The BMA has a very, very provision is made for penalty if such information is strong track record of being an effective regulator for disclosed. financial services companies. And we should allow Clause 5 is an exception to the prohibition in them to continue doing what they are doing well. They clause 4 and provides for the circumstances in which have the resources in place, the expertise, and need information is permitted to be disclosed to other com- to stay focused on the areas for which they cover. We petent authorities with AML/ATF responsibilities to will have enough time to give proper thought to how facilitate the discharge of their statutory responsibili- the Registrar of Companies will evolve in the future, ties. and I am ever mindful of the important role that they Clause 6 provides the Minister with the power play in our economic substance regime. And by virtue to prescribe fees in relation to the Registrar’s conduct of if that was the only criteria, then they have a bunch with the supervisory functions with respect to dealers of energy around making sure that they can be suc- in high value goods. cessful doing what they do. Clause 7 provides the Minister with regulation- With that, Mr. Speaker, I move that the Bill be making powers subject to the negative resolution pro- committed. cedure. Clause 8 provides the Registrar with immunity The Speaker: Thank you, Minister. from suit and with indemnity from foreign suits when Deputy. exercising his functions under this Act. This is achieved by making sections 282 and 283 of the Hon. Derrick V. Burgess, Sr.: Thank you. Thank Companies Act 1981 applicable. you, Mr. Speaker. Clause 9 makes provision for the miscellane- ous amendments contained in the Schedule. House in Committee at 7:24 pm Clause 10 is the commencement provision. Thank you, Mr. Chairman. [Hon. Derrick V. Burgess, Sr., Chairman] The Chairman: Thank you, Minister. COMMITTEE ON BILL Are there any further speakers? There appear to be none. REGISTRAR OF COMPANIES (SUPERVISION Minister, you want to move the clauses? AND REGULATION) ACT 2020 Hon. Curtis L. Dickinson: Mr. Chairman, I move that The Chairman: Members, we are now in Committee clauses 1 through 10 be approved. of the whole [House] for further consideration of the Bill entitled Registrar of Companies (Supervision and The Chairman: It has been moved that clauses 1 Regulation) Act 2020. through 10 be approved. Minister, you have the floor. Are there any objections to that? There appear to be none. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill Approved. provides for the Registrar of Companies supervisory and regulatory functions and transfers the supervision [Motion carried: Clauses 1 through 10 passed.]

Bermuda House of Assembly 4498 17 July 2020 Official Hansard Report

Hon. Curtis L. Dickinson: Mr. Chairman, I move that The Speaker: Thank you for your contribution this the Schedule be approved. afternoon. We will now let you have a break and we will The Chairman: It has been moved that the Schedule call on the Minister of the Cabinet Office. be approved. Members, the next item is the second reading Are there any objections to that? of the Parliamentary Election Amendment Act 2020 in There appear to be none. the name of the Minister of the Cabinet Office. Approved. Minister, would you like to present your matter now? [Motion carried: Schedule passed.] [Pause] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved. The Speaker: Minister?

The Chairman: It has been moved that the preamble Hon. Wayne L. Furbert: Can you hear me? be approved. Are there any objections to that? The Speaker: Yes, we hear you now and we can see There appear to be none. you. Approved. Hon. Wayne L. Furbert: Mr. Speaker, I move that the Hon. Curtis L. Dickinson: Mr. Chairman, I move that Bill entitled the Parliamentary Election Amendment the Bill be reported to the House as printed. Act 2020 be now read the second time.

The Chairman: It has been moved that the Bill be The Speaker: Any objection to that? reported to the House as printed. There are no objections. Are there any objections to that? Minister, continue. There appear to be none. The Bill will be re- ported to the House. BILL Thank you, Minister Dickinson. Mr. Speaker. SECOND READING

[Motion carried: The Registrar of Companies (Super- PARLIAMENTARY ELECTION vision and Regulation) Act 2020 was considered by a AMENDMENT ACT 2020 Committee of the whole House and passed without amendment.] Hon. Wayne L. Furbert: Mr. Speaker, voting is a fun- damental process in a democratic society. When we House resumed at 7:27 pm find weaknesses and obstacles in voting laws it is im- portant that we fix those, or take steps to fix those [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] weaknesses. These amendments take those steps to broaden the democratic processes. REPORT OF COMMITTEE I would like to first thank those within the backbench who we worked very closely with in regard REGISTRAR OF COMPANIES (SUPERVISION to these amendments. I thank the Honourable Chris AND REGULATION) ACT 2020 Famous who kept me to the wicket. Mr. Speaker, today I present to the Honoura- The Speaker: Thank you, Deputy. ble House the Parliamentary Election Amendment Act Members, are there any objections to the Bill 2020. This legislation is being introduced in order to entitled the Registrar of Companies (Supervision and ensure the continued efficiency and integrity of the Regulation) Act 2020 being reported to the House as electoral process in Bermuda. printed? Mr. Speaker, in general, the proposed There are no objections. The Bill has been amendments seek to maximise the pool of eligible reported to the House. voters, while improving the integrity of the voting pro- We will now move on to the next item. Minis- cess. This will be done by allowing those who are not ter, again, the Insurance Amendment [Act 2020] has normally able to vote independently, or who were not been carried over and we are doing the Parliamentary previously entitled to vote, the opportunity to vote, Election Act; correct? [and], moreover, by ensuring that the Parliamentary Registrar has the necessary discretionary authority to Hon. Curtis L. Dickinson: That is correct, Mr. plan and execute any election efficiently and safely for Speaker. all voters. Bermuda House of Assembly Official Hansard Report 17 July 2020 4499

Mr. Speaker, the Act in its current state makes cally identifies parolees, i.e., those persons who have no provisions for visually impaired voters in Bermuda been released on licence under section 12 or 13 of to vote independently. In 2017 the Parliamentary Reg- the Prisons Act 1979. istrar, in response to requests, met with representa- Prior to the 2017 General Election, 80 per- tives of Vision Bermuda (formerly known as Bermuda sons were listed as being on parole, nine of whom Society for the Blind). This meeting was held to dis- were not registered to vote. The proposal is for the Act cuss Vision Bermuda’s concern that the Act provides to be amended to allow persons lawfully released on no alternative for visually impaired voters to vote in licence by the Parole Board to be qualified to register secret, especially with advances in modern technolo- and vote in an election. This amendment would not gy. contravene any constitutional provisions and would The Parliamentary Registrar began to work mean that parolees will no longer be ineligible to vote with Vision Bermuda to understand their concerns and as they will be excluded from the list of disqualified find ways to create and use assisted devices that voters that the Commissioner of Prisons provides to would allow the visually impaired voters to vote more the Parliamentary Registrar’s office. If the parolee, independently. Together they devised a solution using prior to the expiration of his term of imprisonment, fails combined technical and electronic devices to assist to comply with any requirements of law or his licence voters. This will allow visually impaired voters the abil- he or she will be required to serve his or her unex- ity to vote in secret like anyone else. This corrobora- pired imprisonment term. This will mean that the pa- tion is ongoing, and we expect to have clear instruc- rolee will also lose the right to vote if returned to pris- tions and testing of technical devices in the coming on. months. Mr. Speaker, under the current legislation an Mr. Speaker, the discussions around ad- advanced poll is helpful to three categories of voters. vanced polling for travellers has also been a conten- They are: travellers, incapacitated voters, and voters tious issue for some time. In the past, voters have had who live in institutions. Any hospital, home for the to make application to the Registrar for permission to aged or other institution for the treatment of any vote in advance, if they intend to be absent from or chronic illness or disability with permanent accommo- travel to or from Bermuda on the polling date. This dations for five or more patients may apply to the Reg- generally required voters to present themselves to the istrar to hold an advanced poll at that institution. If the Registrar with proof of travel prior to going to the ad- Registrar is satisfied with the application, she appoints vanced poll in order to receive an advanced polling a time and date for those institutions to be visited by a certificate. The voter would then take the certificate to team of Returning Officers and those persons are the polls on the designated advanced polling date and then able to cast their vote in advance. present it to the returning officer who would then allow Likewise, an advanced poll for incapacitated them to vote. voters who need additional time to get into the polling This process is seen as inconvenient by vot- station, or who have scheduled medical procedures ers and has created challenges for the Parliamentary and were not allowed to be present on the polling date Registrar’s office over the years. Therefore, to make it to cast their vote, are allowed to vote in advance and more convenient and user-friendly for voters who in- are given a certificate of incapacity by a medical prac- tend to travel, the application process is being re- titioner. moved from the Registrar’s office. Voters will therefore However, Mr. Speaker, there is another cate- be allowed to take their travel document directly to the gory of persons who have not typically been consid- polling station where the returning officer will inspect ered—specifically, those voters who are sick and the documents and, if satisfied, issue a certificate to shut-in and unable by mechanical or other means to the voter and allow them to vote at that time. go to a polling station and cast their vote. Though the Mr. Speaker, in keeping with the objective to numbers of persons in this category are not con- maximise a pool of eligible voters, consideration has firmed, the Parliamentary Registrar regularly gets re- been given to both parolees and non-institutionalised quests to visit private residences during election peri- sick and shut-in incapacitated voters. These two ods. As we have an ageing population and persons groups of voters have previously not been able to vote with debilitating health issues, our ability to visit them as we currently have no legal provisions to allow them at their private residence will ensure that all eligible to do so. voters are given the opportunity to exercise their right Mr. Speaker, allowing parolees to vote has to vote. been a subject of much debate over the years. There Mr. Speaker, the effects of COVID-19 have are those who are in support of doing so, and others introduced a new normal. And, like the rest of the who are opposed to it. Section 77 of the Act provides world, Bermuda has to adapt. That adaptation in- for the Commissioner of Prisons to forward to the Par- cludes making provision for social distancing within an liamentary Registrar’s office a list of those persons election room and polling place—including institutional who are disqualified from voting because they are and soon-to-be added in-home polling places—as serving a term of imprisonment. That list also specifi- defined in the Parliamentary Election Act 1978 (the Bermuda House of Assembly 4500 17 July 2020 Official Hansard Report

Act), together with affording more categories of per- poll can be held and, more importantly, to identify ad- sons the opportunity to vote in advance polls. Whether ditional categories of persons who would be allowed in response to a spike in COVID-19 cases, a new out- to vote during a specific advance poll. break, or any other health emergency, or simply due Mr. Speaker, the timelines as set out in the to an extraordinarily harsh flu season, Bermuda must Act for the completion of election between the dissolu- make provision to protect the health and safety of all tion of Parliament and the polling day have become electors. The objective is to keep the current process increasingly difficult to navigate for the Parliamentary in place during normal times as prescribed in the Act, Registrar’s office, especially over the last two elec- and during a crisis, to ensure that the Parliamentary tions. We now propose to add new events to the time Registrar’s office can be proactive and agile enough period that will require additional organisation and to adjust its requirements accordingly. time to complete. Therefore, we are amending the Mr. Speaker, Bermuda can achieve this by timeframe for the polling date for both general elec- giving the Parliamentary Registrar flexibility by way of tions and bye-elections to be at least 40 days after the discretionary power in the Act to reduce election room issue of the writ of election. polling places issues during normal time as well as Mr. Speaker, in general, the proposed during emergency or unprecedented times such as amendments seek to maximise the pool of eligible those we currently are experiencing. The scope of the voters and improve the integrity of the voting process discretion being proposed will be restricted to opera- by allowing persons not normally able to vote inde- tional matters. For example, in relation to room con- pendently or not previously entitled to vote in an elec- figuration within the polling stations allowing the unre- tion the opportunity to do so, and by ensuring that the stricted flow of voters, if an election were called today, Parliamentary Registrar’s office can effectively plan, the Act provides no flexibility [for] the Registrar to ef- coordinate and execute the election process. fect crowd control by ensuring that there are smaller Mr. Speaker, in closing I would like to thank numbers of voters, political party agents and others the Parliamentary Registrar, Ms. Tenia Woolridge, working inside of an election room at the same time. and the staff of the Parliamentary Registrar for their To date, in order to make even minor changes to the continued work and dedication to the department. I configuration of an election room the Registrar has to would like to also thank the members of Vision Ber- rely on a very liberal interpretation of section 45 as muda who continue to work together with the Parlia- read in section 36 of the Act. mentary Registrar’s office in developing the tools to Polling station operations are guided by the assist visually impaired voters. Thank you, Mr. Rules in the Schedule to the Act. This amendment is Speaker. not for any adjustment to be made specifically to the Rules, as that would lead to even more rigid stipula- [Hon. Derrick V. Burgess, Sr., Deputy Speaker, in the tions and not the flexibility required by operational Chair] functionality at the polls. The Registrar will be in the same position as experienced today. The discretion The Deputy Speaker: Thank you, Minister Furbert. being sought will allow the Registrar within the con- Are there any further speakers? fines of an election room and polling places to change the setup to accommodate social distancing, ensure Hon. L. Craig Cannonier: Mr. Deputy Speaker. safe facilities, ensure an interference-free process for the checking of credentials with ample space for elec- Hon. Lovitta F. Foggo: Yes, Mr. Deputy Speaker. tion agent workers and the requisite space between Sorry, I will defer to the Opposition Leader. electors. Mr. Speaker, the COVID-19 crisis also high- The Deputy Speaker: Mr. Cannonier, Opposition lighted the Registrar’s lack of discretion in granting Leader. Honourable Member, you have the floor. who can vote in an advance poll and the lack of dis- cretion to expand the timeframe in which such a poll Hon. L. Craig Cannonier: Thank you, very much, Mr. can be conducted. If an election were called today, Deputy Speaker. the Registrar would not be able to expand the catego- Let me first thank the Honourable Minister ries of persons voting in an advance poll to include, Furbert for the overview that he has just given. It was for example, our most vulnerable population of seniors quite thorough. The Shadow Minister, Pat Gordon- who account for approximately 40 per cent of regis- Pamplin, and I had the opportunity to review this tered electors. Such discretion will be an effective tool ahead of time. Although I did hear one or two new in the Registrar’s arsenal for alleviating large numbers things, in general we were given the opportunity to sit of persons in the same venue on polling day, long down and have a conversation concerning this par- lines outside the election rooms due to physical dis- ticular process and amendments that we are going tancing requirements and long wait times. The Regis- through. trar requires, only when necessary, the flexibility to I do believe in the integrity of what we are dis- increase the days or numbers of times an advance cussing. One thing that I have said is that COVID-19 Bermuda House of Assembly Official Hansard Report 17 July 2020 4501

has really brought about many changes, even to the I was hoping that the Minister would have giv- electoral process that we engage in. We can now see en us a bit more information as to where he is with with these amendments that it has had an effect on absentee balloting. Maybe when he closes out he just about everything it is that we do. might tell us whether or not they are moving toward And so as the Minister has gone through, that direction, because, you know, our young people quite detailed actually, I appreciated the many chal- have always felt that we are not including them lenges that we have had with our electoral process. It enough. This would go a long way in advancing that is good to see the few things that he has brought for- opportunity. ward. What I will note is that he mentioned that he So with that in mind, I do have some ques- wanted to increase the pool of those being able to tions concerning a few clauses, so we will get to that. vote. This is a good thing. But, again, the process that we are going through right I do believe that with these amendments it now I am appreciative of the opportunity that is [IN- probably has not hit the greatest number of those who AUDIBLE]. have not been able to vote. That is most likely our students who are away. So at some point in time I am The Deputy Speaker: Thank you, Honourable Mem- expecting that we will move further ahead with quite ber, Opposition Leader, Mr. Cannonier. possibly absentee balloting, which I know that both Minister Foggo. this Government and the OBA Government were look- ing at, and how we can strengthen up the integrity of Hon. Lovitta F. Foggo: Yes. Thank you, Mr. Deputy something like that taking place. We know that there Speaker. I am elated to be able to participate in this are many challenges with absentee balloting. But that debate. will probably constitute even a larger pool than the Can you hear me, Mr. Deputy Speaker? changes that we are seeking right now to effect. So I am grateful for the effort here in what is being done. It The Deputy Speaker: I hear you loud and clear from makes sense. There is no argument. St. George’s. We will be looking for some clarification on some of the clauses, Mr. Deputy Speaker, but the in- Hon. Lovitta F. Foggo: Okay. I’m sorry. I am elated tegrity of this is very, very, very . . . sound. I have al- to be able to participate in this debate. And I want to ways have felt that the Parliamentary Registrar need- thank my honourable colleague, Minister Furbert, for ed more time to prepare. And, of course, we have bringing these changes forward. seen in the past when it comes to polling stations the In fact, any change that a government would challenges that we have had there. So it is good to seek (and, in particular, I am speaking about my Gov- see that this amending Bill is regularising it so that the ernment) to make with respect to the voting process, people will know exactly where they have to vote. And which allows the inclusion of different people who the only person that can change that, of course, is the make up a community is a change in the right direc- Parliamentary Registrar. tion, and is a change that enhances democracy. With We have talked about advance polling. And it that being said, it is something that I would think any was interesting in my first time getting involved heavily parliamentarian would embrace, because it speaks to in politics or the electoral process in 2011 when I saw a more representative government in that Minister it during the bye-election, you know, you have this Furbert is engaged in looking at mechanisms that advance polling. And, quite frankly, there were some would allow those who are vision impaired to be able people who could not get out of their room, or bed, to to have the benefit of casting ballots confidentially. be able to vote. We were able to go to the senior Minister Furbert is ensuring that changes are homes, but we could not go to a person’s personal being made that recognise that we have a community home. And then with the advance polling, it being of ageing people who may not very easily be able to more than one day makes sense. Especially with the get out of their homes and go out and vote. And those new times that we are living in, COVID-19 really has changes are mechanisms that would allow such per- put everyone [INAUDIBLE]. We cannot in all cases be sons to be able to participate in the parliamentary pro- crowded together as we have seen many times in cess, which they may not have been able to do be- elections past, where there could be up to 50, 60 peo- fore, or at least not have been able to enjoy doing in ple in line, just looking to get the opportunity to vote. the same way that others who do not have such en- So with the other part that we are looking at, cumbrances, are able to do. Again, that speaks to an the major part of it being able to allow persons who advancement of democracy. are invalid to be able to vote, that probably really I can remember a time when (I believe it was struck home to me more than anything. There may not 2006) the former PLP Government, in responding to be a whole lot of people who fall into this category, but lobbies from persons in the broader community who because they are of sound mind why would we allow were unable to read, but felt that it is was important to them to be left out of this democratic process? So this be able to express their voice through their vote, is a good thing that we see happening. pushed to have the ballot changed in such a way that Bermuda House of Assembly 4502 17 July 2020 Official Hansard Report it had pictures of the candidates. I was a part of that realising at that point in time that they did not have the process. And it brought me great pride, because at right to vote) to cast their vote. And I have seen the the end of the day it meant that the Government un- impact that that has had on such persons. And I am derstood and accepted the importance of being able happy the “dial” is being moved forward where those to allow all persons, regardless of their limitations, to who have demonstrated that they are rehabilitated be able to participate in a process. and who for the most part have served their time are I can tell you of the many, many, many com- likewise being given a voice. plimentary comments that were expressed by those And so when we open the doors for persons, persons in that type of situation who finally were able regardless of their disabilities, regardless of their cir- to go to the polls and be able to participate, because cumstances, to be able to participate in their funda- even if we have a situation where one is not able to mental right to vote—and I would dare say one of the read, many still are quite aware of what goes on within most important rights—we again have ensured that this society. And because they know the importance we are embarking down a road that enhances the of having a vote . . . because, really, policy is deter- democratic process and demonstrates that as a de- mined with that vote because the Government that mocracy we are caring, we are in step with our people one puts in basically operates under a certain ideolo- and that we are a democracy recognising that things gy and philosophy. And those ideologies and philoso- constantly change. And as they change we are willing phies dictate the types of policies that they implement. to operate in a manner that allows for such change So policy begins with the vote. And such peo- and in so doing enhance the democratic process. ple being able to participate in the vote, because they So I want to say thank you to the Honourable did not have to rely on whether or not they would be Minister for bringing these amendments. I know that able to read that person’s name correctly—whether it going forward it will say to the people of Bermuda and was PLP, UBP or Independent—now being able to those who have the right to vote that we hear you as a visually recognise the candidate that they felt would people. We understand that we are a diverse people, best speak to their needs as a person in the communi- and we are doing all that we can to make certain that ty, were able to put their vote in that ballot box, and in we take those with us under consideration and we are so doing felt that they were operating under a Gov- going to make certain that we are putting the mecha- ernment that cared about them regardless of what nisms and policies in place that recognise those di- their circumstances were. versities and allow you to have a voice, as you should. And again today, the changes in the Parlia- When Government is coming from the people, mentary [Elections] Act that the Minister seeks to im- so to speak, then you have the greatest form of de- plement would create more opportunities for those mocracy. And it happens when people are allowed to who are encumbered in any way and in so doing rec- participate in the voting process unencumbered. So ognises the hindrances that prevail when the Parlia- thank you, Minister Furbert, for bringing this. mentary Registrar has to try and operate under a real- And Mr. Deputy Speaker, I think that I have ly tight window. [This] would seek to make changes to pretty much touched on the points that I wanted to give sufficient time for that said person to be able to speak to. I want to just end by saying that I am ex- put in place conditions that allow persons not to be tremely happy that we are advancing democracy. hindered. [This] is certainly a move in the direction of Thank you. any democracy. Democracy over all . . . and may I read this Hon. Jeanne J. Atherden: Mr. Deputy Speaker. MP quote, Mr. Deputy Speaker? Atherden.

The Deputy Speaker: Yes, continue. The Deputy Speaker: Yes. The Deputy Speaker rec- ognises Honourable Member Ms. Atherden. You have Hon. Lovitta F. Foggo: “Democracy” (over all is said) the floor. “is not an easy form of government, because it is nev- er final; it is a living, changing organism.” Hon. Jeanne J. Atherden: Thank you, Mr. Deputy And the Minister and the Government of the Speaker. day recognising that have responded to that. And in I have just a few points to make, one of which so doing, going forward, I dare say that we will see a was made earlier by my Leader, but I think it is some- more representative form of Government because of thing . . . especially bearing in mind that the previous the fact that the mechanisms that we are putting in speaker just elaborated and talked so much about place are allowing more voices to be heard. And by making sure that people have the opportunity to par- being able to include persons such as parolees who ticipate in the democratic process. It just reminded me for the most part have served their time and have that by not getting to the stage of allowing absentee demonstrated that they are now at a point where they balloting that we are actually making sure that lots of can operate within society. I have been at polling sta- people who normally would be entitled to vote are now tions in the past where parolees have shown up (not not able to participate. Bermuda House of Assembly Official Hansard Report 17 July 2020 4503

I am really concerned about it because I know vote in the House, or a Leader decides that they are that just before the change of Government, when we rolling the dice and just deciding to go back to the were the Government, there was— polls. So it means that all of those things in terms of people being able to vote become a factor. The Deputy Speaker: Ms. Atherden, can you put Now, I know that in the past sometimes we your picture up, please? looked at people and said, Okay, summertime is a time to call an election (if they thought that all of those Hon. Jeanne J. Atherden: Can I put my picture up? people who might not be their supporters were going Just a moment. to be off the Island). Therefore they’d call it then. While some other people might say that certain times The Deputy Speaker: Yes. I want to see if it is you. of the year were good because they thought that all of their supporters are going to be on the Island. But, to Hon. Jeanne J. Atherden: Wait a minute. me, it is very important that everybody who takes the Are you getting me? opportunity to get themselves registered should have the opportunity to cast their ballot at the appropriate The Deputy Speaker: Yes, okay. time. Now, when we talk about the elections and we [Laughter] talk about voting, et cetera, I guess it just triggers my mind to the fact that we still have this process of, you Hon. Jeanne J. Atherden: Okay. Do I need to still know, when people turn 18, as they do in other plac- have it up? es, they automatically become eligible and therefore they are enrolled in the process. Or, as it stands with The Deputy Speaker: I won’t answer that, but contin- us, where you have to actually go and register to be ue. voting. And I would like to think that as we go through [Laughter] time . . . because Bermuda is unique in the sense that we are an Island, and over time just about everybody Hon. Jeanne J. Atherden: Okay. So anyway, I . . . is here. You know, you are born, you are here, you So is that okay? stay, even if you go away to school and come back. And especially if we are now going to start to have [Inaudible interjection] what I call this unique identifier of Bermudians, we should then be able to say that you are a Bermudian, Hon. Jeanne J. Atherden: All right, so I will continue. you reached 18 and automatically you should be on So the reason I felt the need to talk about this the electoral roll because that, to me, is once more just a little further is the fact that the previous speaker one of those extensions to make sure that the process talked about all of those people who are now going to is enhanced to make sure that anybody who is eligible get the opportunity through some of these amend- to vote gets registered and votes. ments to be able to vote, which I believe is an excel- I guess that probably brings me to the second lent idea. But it then just reminded me of all those part, which is this whole thing about eligible to vote. other people who will not be able to vote because we The whole thing relates to people who are in constitu- have not progressed the ability to have absentee bal- encies and the size of each constituency, where you loting. And I say the ability to have absentee balloting have one constituency with 1,400 people voting and because I know from the two elections, and some another constituency where you might only have previous elections by being a returning officer, that 1,200 [voting]. So this whole thing of one man, one lots of people are off the Island at different points in vote of equal value, then, is not as accurate as one time, whether it be for vacation, whether it be for work, would think it should be. But then that also turns whether it be for medical conditions, et cetera. There- around into the other part of the process, which is re- fore it seems to me that in Bermuda, where you vote lating to when people move one would like to think is very important—and sometimes seats are won or that when they move they get moved to the constitu- lost by just a few votes—that absentee balloting would ency that they go into and the system should be able be something that would be a natural extension of the to turn and say that. entire voting process. And I say that the system should be able to do And the reason I say that is because we are that because I am believing that this is getting back to not like the US where you have the elections at a cer- the unique identifier, that when we start to get this tain time of the year where people can know that it is unique identifier we will know whether you are regis- coming and they can prepare themselves accordingly. tering your car, whether you are doing your land tax, But even in the US they have the ability to have ab- whether you are filling in another government form, sentee balloting. But here the date of election can be that the Government would be able to know where called at any time depending on whether there is a you are and be able to put some information to the Bermuda House of Assembly 4504 17 July 2020 Official Hansard Report

Parliamentary Registrar to say this person needs to POINT OF ORDER change. [Misleading] And I guess it also raises the concern in terms of whether some of that information is being given out Mr. Scott Pearman: It is MP Pearman. I am afraid in terms of, you know, where people live and things that the Honourable Member is misleading the House. like their email addresses and their telephone [num- You are quite right, Mr. Deputy Speaker, the bers], because we still do have people who call up Parliamentary Registrar did clear it up, but what she and say, How come I got an invite to go to a particular said was that the information was provided to one par- event from a particular party when I did not give out ty, namely the PLP, and not to the other. She stated my email address. How did I get it? Now those types that publicly and it can be read publicly. of things— The Deputy Speaker: Please stay away from that. Mr. Christopher Famous: Point of order, Mr. Deputy That is my . . . if you cannot bring the evidence to- Speaker. night, please stay away from that. I mean, you could be right, but I am not clear. Stay away— [No audible response] Hon. E. David Burt: Point of order, Mr. Deputy An Hon. Member: Mr. Deputy Speaker, I think you Speaker. are muted. The Deputy Speaker: Yes, Honourable Premier. Mrs. Tinee Furbert: Mr. Deputy Speaker, we cannot hear you. POINT OF ORDER [Misleading] The Deputy Speaker: My apologies. Hon. E. David Burt: Mr. Deputy Speaker, I know that [Feedback] the Honourable Member from constituency 22 was not in the House of Assembly at the time. But when the The Deputy Speaker: The Chair recognises the Hon- [Member] who is speaking right now, the Member for ourable Minister Rabain. constituency 19, was the Opposition Leader, she made the same accusations inside the House of As- Mr. Christopher Famous: No, I was [raising] a point sembly. And on 1July 20th [2018] during the motion to of order, Mr. Deputy Speaker. adjourn I made sure I read out the investigative article which stated very clearly that the One Bermuda Alli- The Deputy Speaker: Oh, I’m sorry. I was muted. ance, and the former Deputy Chair, Mr. Michael Bran- Point of order. What is your point of order? co, had a system that was recommended by him and the emails were provided to the One Bermuda Alli- POINT OF ORDER ance. So this conversation about things being pro- Mr. Christopher Famous: Point of order. This par- vided to one side and not the other is not true, and the ticular Honourable Member from constituency 19 con- records of this House reflect that, Mr. Deputy Speak- tinues to insinuate that one party is given information er. and that the other party is not. This is completely false. If we have infor- The Deputy Speaker: Thank you, Honourable Prem- mation, the same information is sent to both parties at ier. the same time every month, Mr. Deputy Speaker. And I would urge all Members to stay away from I will reject this to the highest order every time it is that. It is not true. mentioned. Continue.

The Deputy Speaker: Honourable Member Atherden, Hon. Jeanne J. Atherden: Mr. Deputy Speaker, I the Parliamentary Registrar’s Office cleared that up think I was clear in terms of what I just said. I said, some time ago. Please stay away from that. There is when you have people now saying that their infor- no evidence to any such allegations. mation is being received . . . I did not go back and talk about what happened before, et cetera, because I Mr. Scott Pearman: Point of order, Mr. Deputy know that there was lots of conversation. And I am not Speaker. going to reflect back on what was said because I heard the ruling. But we still have instances where The Deputy Speaker: What is your point of order?

1 Official Hansard Report, 20 July 2018, pp 2920-2921 Bermuda House of Assembly Official Hansard Report 17 July 2020 4505 people are saying that their information in terms of going to get into a further debate with the Honourable email was not given out as part of the— Member. I am going to go on as it relates to the con- cern that I was trying to make— The Deputy Speaker: Honourable Member, let’s stay away from that. Continue down a different road, The Deputy Speaker: Continue. please. Hon. Jeanne J. Atherden: —which is the fact that it Hon. Jeanne J. Atherden: All right, Mr. Deputy is very important that we continue to make sure that Speaker. I am going to continue down my road. anybody who is eligible to cast a vote be able to do it The second part of my road relates to the which, to me, is getting registered as quickly as possi- whole question of whether the parliamentary process ble when you are 18, to the other side of it which is is sufficiently robust, that the Parliamentary Registrar that if you are going to be away—and it is not just our is aware when people are changing and leaving from students—the ability to be able to cast your vote, one constituency and going to another constituency. which means the absentee ballot is going to be very I know that part of parliamentary process is important. being advised when people are actually moving. But I But the other part which I found interesting also do know from going out and canvassing that you was the suggestion about the parolees. I just wanted get to a constituency and you knock on someone’s the Minister to clarify if someone gets incarcerated, door and the person says, Oh, she doesn’t live here. then at that point in time obviously when you are She moved. And then you try and find out where the knocking on a door or whatever else, they are not person moved to. And you have to try and become the there. And you do not actually happen to know that inspector or the detective to try and find out where they are not there because they are incarcerated. I they moved to. So I do realise that— guess my question then becomes, When they are eli- gible for parole, how is one able to know that they are Mr. Christopher Famous: Mr. Deputy Speaker, point now eligible for parole and therefore eligible to vote at of clarity. the next election? Parolees are then able to be back out into the [No audible response] community. So it just crossed my mind that one has to make sure that parolees are given the information Mr. Christopher Famous: You are muted. about whoever their candidate is, what their party stands for so that they have the opportunity to be able The Deputy Speaker: Ms. Atherden, will you yield to to think about who they might want to vote for before a point of clarity. the election comes around. You do not want people just having to go and say, Oh, you see that picture Hon. Jeanne J. Atherden: I will, Mr. Deputy Speaker. there? That’s the person you vote for. You want to be able to get into a position where people understand The Deputy Speaker: Thank you. that this is what the party stands for, this is what their Honourable Member Famous. candidates do, and then hopefully be able to vote for the individual that they believe best represents the POINT OF CLARITY things that they want for the country and the ideals that they have. Mr. Christopher Famous: Mr. Deputy Speaker, eve- So, Mr. Deputy Speaker, I just wanted to say ryone who canvasses encounters someone who has that I believe that lots of these things are excellent moved. The only way to find out if they have moved is changes. I would like to think that as we go forward to continue canvassing. Do not put the onus on the the absentee balloting will continue because, Mr. Parliamentary Registrar. Deputy Speaker, it was so close to being implement- ed. But you have to have the desire to do that. And I The Deputy Speaker: Thank you. would like to think that the current Government will have the desire and will continue having that conver- Hon. Jeanne J. Atherden: Mr. Deputy Speaker, I sation with the Parliamentary Registrar. And as I said think my colleague is missing the point. before, use the benefit of the unique patient identifier The Parliamentary Registrar has a responsi- which Bermuda is supposed to be working towards as bility throughout the year, which is why they have the a way to make sure that everybody out there gets staff to be able to go out and do what I call the rolling their vote and everybody out there gets into the proper reviews. And all I am saying is that by doing the rolling constituencies so that you won’t have unequal con- reviews the Parliamentary Registrar would get more stituencies. information about where people have moved to. I can Thank you, very much, Mr. Deputy Speaker. know that the person has moved; but I do not actually know where the person has moved to. And I am not Bermuda House of Assembly 4506 17 July 2020 Official Hansard Report

The Deputy Speaker: Thank you, Honourable Mem- voting restrictions of yesteryear. We are once again ber Ms. Atherden. leading the way as the PLP beats the drum to remove The next speaker is the Honourable Minister things like the plus vote, the plus [INAUDIBLE], and Diallo Rabain. Minister, you have the floor. the property vote, and the lowering of the voting age Minister, Rabain, we can’t hear you. to 18, the removal of the requirement to register every year, and add to the process of one man, one vote [No audible response] with what we are seeing here today. Regardless of what anyone can say, Mr. Dep- The Deputy Speaker: Minister Rabain, will you un- uty Speaker, and we heard the previous speaker be- mute your microphone? We cannot hear you. fore me talk about some things that can be improved, Go ahead, Minister. but regardless of what anyone can say, the PLP is always championing the cause to be sure that the [No audible response] people of Bermuda have a fair vote. Mr. Speaker, I am sure other Members will The Deputy Speaker: We still can’t hear you. Are you come behind me on this side of the aisle and let the having technical difficulties, Minister, because we do OBA know that the PLP is a grassroots organisation not hear you? that spends a lot of time knocking on doors and foster- ing personal relationships with the voting people of Hon. Diallo V. S. Rabain: Can you hear me now, Mr. Bermuda. I can personally name people within my Deputy Speaker? constituency that have been unable to vote due to I am speaking. Can you hear me? their circumstances—circumstances which are pre- venting them to having access to their voting rights, all Some Hon. Members: Yes. due to medical issues or lack of mechanical means to leave their home. Hon. Diallo V. S. Rabain: Can you hear me, Mr. So, Mr. Deputy Speaker, anything that we do Deputy Speaker? to help these people exercise their right to this fran- chise and decide on their choice of representative, a The Deputy Speaker: Yes, I hear you, Minister. right that they have earned, needs to be put in place. And I thank the Minister, and I thank the Parliamen- [Crosstalk; Feedback] tary Registrar for putting this place, Mr. Deputy Speaker. Hon. Diallo V. S. Rabain: Thank you, Mr. Deputy Mr. Deputy Speaker, the ability to allow those Speaker, there are a few other people who have their on parole to vote is real progress. And it shows us microphones on. moving in the right direction. As a result of the now- acknowledged, and especially because of what is go- The Deputy Speaker: Okay. ing on around the world now with the Black Lives Mat- ter movement, the scourge of institutional racism, this Hon. Diallo V. S. Rabain: Am I good to go now? has restricted those who are on probation to vote, a restriction that has unfairly affected people of colour— The Deputy Speaker: Yes, you are good to go, Minis- mainly Black men of colour. Black Bermudians, Mr. ter. Deputy Speaker. If we are a society that truly believes in reha- Hon. Diallo V. S. Rabain: Okay. Thank you, Mr. Dep- bilitation and restorative practices, giving parolees the uty Speaker. right to vote sends a message. It sends a message First, I would like to thank those who have that we do wish to have them as equal members of worked on this Bill, the Parliamentary Registrar and our society. Mr. Deputy Speaker, we are sending a the Minister. Once again, Mr. Deputy Speaker, the message that we believe in their rehabilitation, that Progressive Labour Party is leading the charge in en- they have proven that they have benefited from their suring that universal suffrage is a reality by ensuring incarceration, and we are accepting them as free that this franchise is extended to as many people as members of our society. What better way is there to possible within the confines that we find ourselves in boost the confidence of those [INAUDIBLE] served today. their time and are trying to integrate back into society? Mr. Deputy Speaker, the ability to widen the [Feedback] number of people who can qualify for early voting is yet another welcomed change. This amendment is Hon. Diallo V. S. Rabain: Mr. Deputy Speaker, to- one that I have personally championed for because I day’s amendment is continuing on the path that the do believe that anyone who wants to vote early should PLP has blazed since 1963 when it comes to voting be given that opportunity. I am very happy to see this rights, enjoying the efforts to rid our Island of the racist Bermuda House of Assembly Official Hansard Report 17 July 2020 4507

amendment here today, although I do wish it went a uty Speaker, but we have to start somewhere. Thank bit further. you, Mr. Deputy Speaker. Mr. Deputy Speaker, as early voting fran- chises are expanding around the world I am happy to The Deputy Speaker: [Thank you], Mr. Rabain. see Bermuda is adopting this stance. As detailed by Are there any speakers from the Opposition? Minister Furbert, 40 per cent of our voting public is over 65 and fall within the vulnerable group in relation Hon. Patricia J. Gordon-Pamplin: Yes, sir. It’s MP to our battle with COVID-19. Allowing the register to Gordon-Pamplin. have such flexibility means that there can be process- es established as needed to ensure that universal The Deputy Speaker: Ms. Gordon-Pamplin, continue. franchise is truly enjoyed by the voters of Bermuda. Mr. Deputy Speaker, earlier I mentioned about Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. the legacy of racist policies in place that helped to Deputy Speaker. prevent Black people of this country from having their Mr. Deputy Speaker, my comments are going right to universal franchise. We often hear the need, to be ever so very brief. I did have the opportunity especially from the other side, to rush to immigration along with my Leader to have an audience with the reform, but seldom recognise how it was used in the Minister as he was going through the preparation for past to widen the voter base in Bermuda while simul- the Bill and the changes that they were intending to taneously suppress the Black vote. This is something make to let us be aware of it. My Leader mentioned it that needs to be understood. When we talk about in his presentation. vote, when we talk about immigration reform, we have There are a couple of things that I really want to take in [consideration] these things that have been to underscore and to reiterate. In terms of enhancing done in the past and understand that we are moving what we are doing, we have the ability to modernise forward in a way that will make sure that everyone is what we are doing as far as voting is concerned. We enfranchised, Mr. Deputy Speaker. have the ability to embrace people who might other- Those over 78 in our country will know what wise . . . for whatever choices that they may have this is and will no doubt see this as moving in the right made they were disenfranchised and were unable to direction with what we are trying to do here. Anything vote during various elections. And we have all come done to ensure the voting franchise is expanded as across homes in which we go someplace and the per- much as possible should be welcomed and should be son will be there and they say, Well, thanks for com- applauded. ing. I can’t vote. And then you recognise that because Mr. Deputy Speaker, I knew that there would of their parole status they are ineligible to be able to be someone on the other side who would talk about cast a ballot. And clearly legislative change now is absentee voting. I expected to hear people complain one that [INAUDIBLE] and appreciate that it has come that what we are doing here today does not go far through. enough. But Mr. Deputy Speaker, every journey re- But Mr. Deputy Speaker, I have one comment quires a first step. Yes, absentee voting is something to make and that is . . . we are talking this afternoon to address, and will be addressed in its due time. As I about enhancing democracy. If we really want to en- said, Mr. Deputy Speaker, every journey needs a be- hance democracy we need to address the elephant in ginning. It needs its first step. the room. We are dealing with a parliamentary register So as I come to my conclusion, Mr. Deputy that is 22 years old. The newest register that we had Speaker, we need to recognise that the PLP has al- was done in 1998, prior to that election. Subsequent ways been about making the movements to progress- to the election, you will remember the history prior to, ing voting rights, and not just talking about it. We Mr. Deputy Speaker, in which there were annual reg- heard the previous speaker talk about things that were istrations required. And that was unpopular. It was . . . going to be done, that could be done, but they were it just had negative connotations. And one of the first not done. Mr. Deputy Speaker, there is plenty to cele- things that the PLP did upon their ascension to power brate in these amendments, and I wish that we would in 1998 was to discard the requirement for annual reg- celebrate these advances instead of complaining istration. about what should have or could have been done. It is But what has happened subsequently is that easy to talk about what could have and should have we have a register where the nucleus is what was in been done but it takes action—actually doing the place for the 1998 election. The Parliamentary Regis- things that need to be done, Mr. Deputy Speaker. And trar over time has made attempts to send her team the Minister and his team have shown that they are out and go into the fields and try to make sure that it is unafraid of the action needed and should be com- updated. But I believe, Mr. Deputy Speaker, that we mended for getting this process started and getting it need to have one whole . . . registration. I am not across the finish line. saying to throw out what we have. I am saying keep I look forward to better things for our Parlia- the register that we have, have another wholesale mentary [Elections] Act as we move forward, Mr. Dep- registration and have a system that matches the two. Bermuda House of Assembly 4508 17 July 2020 Official Hansard Report

Because I am sure I am not the only one who goes The Deputy Speaker: That is wonderful. and knocks on a door and finds out that the person who is still registered in that particular home . . . there Mr. Christopher Famous: I love her passion. I love it. have been three or four tenants who have moved in But let me reemphasise something that I said to the since. The new tenants have bothered to register in Honourable Member from constituency 19. If people that home. But the last . . . you know, the previous canvass, they can see who has moved. And if you one and the penultimate one and the pre-penultimate canvass you can find out where they moved to. tenants have not bothered to take their names off the register. Hon. Patricia J. Gordon-Pamplin: I take the Hon- I cannot fault the Parliamentary Registrar’s ourable Member’s— Office, I fault the people who are not fulfilling their [INAUDIBLE] that requires people to register within 30 The Deputy Speaker: Continue, Member. days of a change of address. If people do not do that, the onus is on them. But it is very frustrating when you Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. know full well that somebody does not live in that con- Deputy Speaker. stituency and there is no way . . . you know, you can I take the Honourable Member’s point be- make objections. cause I canvass and canvass and then canvass some Who wants to object? You do not want to take more. It is kind of what we do. And they are not the people off the register. You want people to vote where only ones who canvass. they are supposed to vote. We go through the chal- What I am saying is that if you go to a home, lenge of having a Boundaries Commission, and that and the register shows that Ms. Smith is there, Ms. Boundaries Commission looked at the empirical evi- Smith has registered. You can speak to Ms. Smith. dence they possess, and then you find out that maybe You are also showing Mr. Jones, and Mr. Thompson 10 per cent or 15 per cent of that is not correct be- and Mr. Burgess in that same house. And we know cause people have not changed where they are. And I that he does not live there. We do not have any way think that if we start to look at including within this en- of knowing where they have gone. You ask the— hancement of democracy, maybe once every five years, having a wholesale re-registration, maintaining Hon. Diallo V. S. Rabain: Point of order, Mr. Deputy the existing structure so you can match up and that Speaker. way on a different basis you will be able to identify who you have to target and go after from a Parliamen- The Deputy Speaker: Point of order. tary Registrar prospective to make sure that people are properly registered and registered in the right con- POINT OF ORDER stituency. [Misleading] So that is the point that I wanted to make, Mr. Deputy Speaker, because 22 years is so outdated. Hon. Diallo V. S. Rabain: Point of order, Mr. Deputy There are people who have had children who are fully Speaker. I understand what the Honourable Member grown. You know, 22 years is an awful long time. It is is saying. I do believe that it is misleading. [INAUDIBLE] and I do not believe, with modern tech- We have a process in place that you can file nology, that we should be operating under a system an objection with the Parliamentary Registrar if you with a nucleus that has such antediluvian connota- find somebody who is not living where they are regis- tions. We all want to bring voting into the modern era, tered to live, and the Parliamentary Registrar has the Mr. Deputy Speaker. And in order to do that— responsibility to investigate persons and strike them from the register if they do not [INAUDIBLE]— Mr. Christopher Famous: Point of clarity, Mr. Deputy Speaker. The Deputy Speaker: But, Member, the Member stated that she does not want the objection; she stat- The Deputy Speaker: Are you prepared to yield for a ed that. So she understands that. point of clarity? Hon. Diallo V. S. Rabain: Thank you, Mr. Deputy Hon. Patricia J. Gordon-Pamplin: Absolutely. Speaker.

The Deputy Speaker: Continue— Hon. Patricia J. Gordon-Pamplin: I fully understand that. Thank you, Mr. Deputy Speaker. So, you were POINT OF CLARIFICATION listening to me, but the Honourable Minister was not. I said, you know, no one wants to disenfran- Mr. Christopher Famous: The Honourable Member chise somebody. And sometimes when you are out who shares the same colour as me today— canvassing in their . . . let’s say you go canvassing somewhere and you happen to be on a street and it is Bermuda House of Assembly Official Hansard Report 17 July 2020 4509 election week. That person cannot be changed, if you Hon. Patricia J. Gordon-Pamplin: I said very few have not caught up with that particular constituent. people enjoy it more than me. And the fact that you find somebody in that home, there is nothing to say that the present resident knows An Hon. Member: I agree with that Honourable where the previous resident went, even if you are Member Burgess. canvassing in an off-election time. You find that. Yes, you can then say to the Registrar at that [Laughter] point in time, I was at 24 Loyal Hill Road and this per- son does not live there anymore, but they are still reg- Hon. Patricia J. Gordon-Pamplin: All I am saying is istered there. that we send in as much information as we can I am just saying that in the absence of having through the canvassing process. We deliver that in- a wholesale registration maybe every five years, may- formation to the Registrar as much as we can. We be every “X” number of years, maybe just prior to register new people who are not registered when we when it is necessary to have a boundaries commis- find ourselves in a home. So the changes that are be- sion, but something that says that we should not be ing encompassed in this particular piece of legislation operating with a database which is 22 years old. That are certainly welcomed and certainly have the support is all I am saying. And I would like to see that as part from our side of the aisle, Mr. Deputy Speaker. of our mechanism going forward to be able to en- But we would like to see us go for it. Go for hance the democratic process. I believe that it is criti- the gusto and do a wholesale re-registration. Thank cal, and I believe that it is easily obtained. It is not you, sir. something that is beyond reach, because if we used to go from that ridiculous annual registration at that The Deputy Speaker: Thank you, Honourable Mem- point in time, then we certainly could have a blitz and ber, Mrs. Gordon-Pamplin. say . . . I know right now we probably don’t have any The Chair recognises the Honourable Mem- money to do it, but we could have a blitz to say, This ber Tinee Furbert. is re-registration time and we are compiling a new reg- ister. Mrs. Tinee Furbert: Good evening Mr. Deputy Through mechanisms it is very easy to be Speaker. able to match one constituent, one register, against I have great pleasure to be able to speak on the other to see if there are variances. And if there are this Bill this evening because it has been one month variances— long awaited. We have actually worked on this and looked forward to changes to this piece of legislation The Deputy Speaker: Member, Member, I think you for a while to be able to give persons who vote equal have made your point. There are mechanisms in opportunity, full equal opportunity, to vote. We can place, even whether we want to do it or not. That can always make further changes to this piece of legisla- be addressed. You have made the point. tion, as persons have mentioned in regard to absen- tee voting. But we are most definitely proud of these Hon. Patricia J. Gordon-Pamplin: Yes. changes that are here today. As MPs we are legislators. That is what we The Deputy Speaker: The Member from the Gov- do; we make laws. And we represent our constituents. ernment made the point. I think the solution is already Members have already talked about seeing constitu- there. So, can we move from there? ents bound in their homes and not being able to have the opportunity to participate in voting. So, I mean, Hon. Patricia J. Gordon-Pamplin: I just wanted to this is a huge, huge, huge step with these changes say that although the solution exists, Mr. Deputy that we are looking forward to having made. Speaker, we are still not 100 per cent there. So I think I just wanted to clear up something, because I that it is important that we strive towards excellence. do believe that there are ample opportunities for any- That is all I am saying. one, any organisation, to have a registration drive or a blitz at any time. And I also know that the Parliamen- The Deputy Speaker: You will never get 100 per tary Registrar also updates their lists. So, to talk about cent. a 42-year old registry is kind of unfair, because I am sure that Members of Parliament will know, or anyone Hon. Patricia J. Gordon-Pamplin: There is probably who is running or who knows their constituency will somebody . . . nobody enjoys knocking on doors, oth- know, that even persons who are deceased are er than MP Famous . . . there is probably nobody who dropped off the list. enjoys knocking on doors more than I. I am not saying that other people do not do it— Hon. Patricia J. Gordon-Pamplin: Mr. Speaker—

The Deputy Speaker: Speak for yourself. Mrs. Tinee Furbert: To say that— Bermuda House of Assembly 4510 17 July 2020 Official Hansard Report

The Deputy Speaker: Is there a point of order? I just also want to add to the change that we are making, or the suggesting for the inclusion of tac- POINT OF ORDER tile devices being used by our visually impaired, or low [Misleading] vision or blind population. I know that Vision Bermuda has been very instrumental in encouraging this Hon. Patricia J. Gordon-Pamplin: Yes sir. change in our Parliamentary Election Act [1978], I be- The Honourable Member indicated that any- lieve back in 2017. I remember participating in kind of body can have a parliamentary drive. Yes, everyone a trial period in which we were trialing certain devices can do a parliamentary drive. It is the Government’s to assist persons with low vision or who are blind to be responsibility to have a focal and to have— able to participate in the voting process. And there were devices such as pen readers and cards that The Deputy Speaker: What is the point of order? were maybe raised or embossed so that someone who was visually impaired could feel where they were Hon. Patricia J. Gordon-Pamplin: The point of order actually having to put their X. So I am quite happy that is that the Honourable Member is misleading the this Government has taken the steps to be able to House. The Honourable Member also said that I said include persons who are visually impaired, low vision that there is a 42-year old— or blind in the voting process. I just want to thank Vision Bermuda who has The Deputy Speaker: You said 22. been instrumental in creating access to voting for this population, because it will make a huge difference, Hon. Patricia J. Gordon-Pamplin: —I said 22. It was particularly with our population who has a high rate of in place since 1998. diabetes, which could affect someone’s vision. This is definitely a progressive change. So, I just want to The Deputy Speaker: Yes. again say thank you to Vision Bermuda and all of the other organisations that also help to make legislation Mrs. Tinee Furbert: Apologies. It sounded like “42.” inclusive. So I retract that. But I am making the point that there They are given the opportunity to still be able are changes to the parliamentary register. So we can- to vote in private, to be able to exercise their right to not act like there are no changes. There are changes. vote in independence with devices. So, this is em- So, as legislators, we do change laws. When powering for such people who want to be able to vote we get in power we have that opportunity to change independently. And this is not unusual in other juris- laws. And this is what we are doing with this piece of dictions who allow devices to be able to participate in legislation. And then also, in time, all these organisa- the voting process. So this is not something new. But I tions that are out there and interest groups that are do applaud us for moving and pushing this forward. It out there have the opportunity to make submissions to is actually amazing times that we would provide ac- have their voice heard, to have equal opportunity in commodation through the parliamentary register. I legislation that we create. And I urge organisations to applaud them for doing a trial and making sure that continue to pour in and feed in, in regard to legislation this will happen. that they would like to see changed. I just also want to speak to a piece of the leg- MP Foggo spoke about the voting ballots be- islation because now in this technology world where ing changed years ago to represent pictures and people have access to smart things, and they are tak- names, and that is a great, great, great change, par- ing pictures and videos of everything, there is a piece ticularly for those persons who cannot read or write. in this [amending] Act where we are addressing, or And we do not want to discriminate based on some- making it unlawful to take pictures of your ballot. I do one’s inability to read and write and not give them the remember something circulating, I think it was during opportunity to vote. So that is one change which has the last election, where someone had posted their made voting accessible. ballot results. I am assuming that we are again being I think I would support any piece of legislation progressive in making this unlawful. It is, again, not that increases one’s accessibility, which creates ac- unusual because in other jurisdictions you are not to cess. And this is one that is going to create access for be taking pictures. our constituents. We do now allow voting to occur in We like to take selfies, but, please, no selfies. residential homes, in nursing homes and group We are not to be taking pictures of our ballots. Again, I homes. And as a Government who encourages age- applaud the Government in pushing forward with this ing in place this was a no-brainer to allow voting to initiative. occur in people’s residences once they have permis- There are things that we have to consider in sion. So, kudos to this Government for pushing for- crises, particularly like what we are going through ward with such changes allowing a voter to fully par- now. And we will also see changes in this Act that will ticipate in the voting process. accommodate and make voting, should an election occur during this crisis period, safe from any com- Bermuda House of Assembly Official Hansard Report 17 July 2020 4511

municable disease. We will put things in place to pro- practice voter suppression. As the Honourable Minis- tect our people. So, we do not want people being un- ter Rabain stated earlier, we have a long history of able to come out to vote because they do not feel voter suppression in different forms. At one point safe. It is important maybe for now or for the future; Blacks could not vote at all in America, up until the we do not know what we may encounter. But it is 1960s. At one point Blacks could not vote at all in good to have this progressive change within our legis- Bermuda. Then Blacks were allowed to vote only if lation to be able to provide for physical distancing as it they had property that exceeded a certain value. So relates to our parliamentary voting sites. what happened? Blacks who owned land saw their So, again, I support this legislation. There are land suddenly devalued to prevent them from voting. questions, particularly in these COVID times, around Through the work of Dr. Roosevelt Brown (Dr. being able to have access to our own writing utensils Pauulu Kamarakafego) and [the Committee for] Uni- or our pens. I am hopeful that the Parliamentary Reg- versal Adult Suffrage group, they fought hard. And all istrar . . . well, they always have them available. What persons were allowed to vote in the 19th of May 1968 sort of disinfectant techniques will be used, or what General Election whether they owned land or not. protocols will be in place even entering people’s But then there were other loopholes. You homes? I am sure we will have this covered should have to be a certain age in order to vote; you have to the time become present. But these are questions, be 21 to vote. But somehow Blacks were drafted into particularly as we are going through crises, such as the Regiment and trained in how to use firearms and now, with this COVID-19 event. trained in how to kill other Blacks and whites who act Again, I want to applaud the Government, the up, but they were not allowed to vote. Then there was Minister and the Parliamentary Registrar for coming the annual voter registration drive, where if one did forward with this legislation which is a progressive not get registered early they could not vote in a snap piece of legislation. And we are thankful for what is election. Voter suppression. Even the OBA in 2012 being proposed here today. were tempted to bring voter suppression. Thank you, Mr. Deputy Speaker. May I read something, Mr. Deputy Speaker?

The Deputy Speaker: Thank you, Honourable Mem- The Deputy Speaker: Continue, sir. You can. ber. 2 Are there any other Members from the Oppo- Mr. Christopher Famous: I am quoting: “The OBA’s sition wanting to speak? goal in requiring eligible voters to register every four or five years by a defined date, prior to a fixed term [No audible reply] election, will move the process of voting in Bermuda forward by building on the experience of the past The Deputy Speaker: There appear to be none. while not repeating its mistakes.” Brother Famous, Honourable Member, you Well, how can you build on not repeating mis- have the floor. takes if you are telling people they can only vote if they re-register every five years? Mr. Christopher Famous: Good evening, Mr. Deputy I find it interesting that two of the previous Speaker. Can you see me clearly? OBA speakers (one of them is for Somerset and one is for St. George’s) brought this up, because I do not The Deputy Speaker: I see you very clearly, sir. know how they can speak straight-faced to the public about getting re-registered to vote every five years. Mr. Christopher Famous: Can you verify the colours Let me continue, Mr. Deputy Speaker. I have on? I have on the [INAUDIBLE]. “There is a part of the current voter registra- tion process that doesn’t work very well, and our sug- The Deputy Speaker: Those are Harris Bay colours, gestions are aimed at correcting this.” OBA Senator, blue and white. Michael Fahy, January 2012. Anyone remember Michael Fahy? Same guy Mr. Christopher Famous: Blue and blue. who gave property votes to people in the City of Ham- Mr. Deputy Speaker, first of all I want to thank ilton. the staff at the Parliamentary Registrar’s office, Ms. Mr. Speaker, I started off speaking highly of Tenia Woolridge, Ms. Sheila Jones, Ms. Smith [sic], the Parliamentary Registrar staff. For anyone to say and there is also a young lady, she was a Ball, but there is a part of the current voter registration process she is also a Romaine. So, that is first and foremost. that does not work very well is insulting those ladies And also there is Mr. Smith there as well. So let’s first and that gentleman. of all remind ourselves that without them all of this Mr. Deputy Speaker, anyone who wants to get becomes academic. registered, or who moves, can simply fill out a form, Mr. Deputy Speaker, in racist America they practice voter suppression. In racist Bermuda we 2 Royal Gazette 30 January 2012 Bermuda House of Assembly 4512 17 July 2020 Official Hansard Report

Form 1, Form 1A, or Form 2. It is very simple. Your Voting for parolees. Mr. Deputy Speaker, in name, address, contact information, date of birth, as- the age of Black Lives Matter, we have come to grips sessment number, and you fill that in. I suggest that with the systemic racism that has been put in place to you photocopy it, and then take it to the Parliamentary hold back Black people, and in particular Black men. Registrar. Ms. Sheila Jones is vigilant in following up Mr. Speaker, for one reason or the other, 97 per cent on all voter forms that come in. She did yeomen work of all persons incarcerated in Bermuda have been on the 2017 election ensuring that everyone who ap- Black men. That is undeniable. Ninety-five per cent of plied to vote was registered and properly registered. them are incarcerated for non-violent crimes. Once So I reject that. they have served either one-third or two-thirds of their Mr. Deputy Speaker, the PLP of Dame Lois time, they are released on parole for set periods of Browne-Evans, L. Frederick Wade, Walter Roberts, time. Once out in society, these young Bermudians Walter Lister and so many others did away with voter work, they pay taxes, they take care of their families suppression and allowed for voter progression. Like- and they contribute to our economy. So why is it that wise the PLP of the Honourable David Burt, the late they cannot get to vote? Walton Brown (who started this process), Minister Is it because they are male? Is it because Lovitta Foggo, yourself (the Bishop Derrick Burgess), they have made a mistake once in their lives? They MP Tinee Furbert, and all others now under the Minis- have paid their debt to society. Or, is it because they ter Wayne Furbert will bring in political progression. are Blacks who will most likely vote for a certain par- Let me just talk to three points, Mr. Deputy ty? Let’s think about it. In America they practiced voter Speaker. The Honourable Member for constituency suppression by making it so that anyone who had [23] paid me a compliment, and I thank her. I love to served time in jail never ever got to vote again. canvass. That way I meet our people; I get to know our people and our people know that we are real. [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] Along the way we find people who have sound minds and sound spirits of all races. But they are physically Mr. Christopher Famous: Mr. Speaker, in closing, unable to leave their homes due to physical conditions we must separate ourselves from those racist policies beyond their control. It is unjust that in a sophisticated in America and the racist policies and ideas of the country such as ours that these individuals, all of UBP, and we must allow all those who are breathing, whom helped to build our Island home, are unable to all who are of sound mind, and all who are willing, the participate in the democratic process because of a ability to vote. physical ailment. I close here, Mr. Speaker, by giving thanks to There is a growing ageing population. More the late Minister, the Honourable Walton Brown, who and more of our beloved seniors, and, I suspect, started this process just after the 2017 election. I give some of us who are sitting here today may find our- thanks to his successor, the Honourable Wayne selves unable to leave home one day. But we will be Furbert, and his Cabinet colleagues. And I give thanks of sound mind and sound spirit. So I am happy to see to all of those on the backbench, including yourself, that this Progressive Labour Party Government has Mr. Speaker, who came up with the ideas to help taken the advice of the backbench and moved forward shape this legislation. with this amendment. And I will end here by saying thank you once Mr. Deputy Speaker, let me move on to ad- again to the Parliamentary Registrar’s office staff for vanced travel, another key piece of advancement. It is all of their hard work. really not efficient for persons to have to go up to the Thank you, Mr. Speaker. Parliamentary Registrar, try to find a parking spot, go up there and show proof of travel, then get a certifi- The Speaker: Thank you, Mr. Famous. cate, then they have to wait until the advanced poll Thank you, Deputy, for sitting in. and then go cast their ballot showing their certificate. Does any other Member wish to speak? We know our people, Mr. Deputy Speaker. We know that some of Aunt Hagars’ children would say, No, I Mr. Christopher Famous: Mr. Speaker, do you see ain’t going through all of that. And what does that my colours? mean? They lost their democratic right to vote. So we have to do what we have to do to make it more effi- The Speaker: That red and blue you are wearing? cient. Yes, I saw that. So, with this amendment persons can simply show up at the advanced poll, whether it be a bye- Mr. Christopher Famous: Am I properly attired, sir? election or a general election, and show proof of travel and then cast their ballot. We know that there are con- The Speaker: You need a reflection of what you see trols in place so people cannot vote twice. We know here. that. So, again, thank you to the Cabinet for listening Does any other Member wish to speak? to the concerns of many and bringing this forward. Bermuda House of Assembly Official Hansard Report 17 July 2020 4513

[No audible reply] Hon. Wayne L. Furbert: I am asking the Opposition if we can move them all. The Speaker: No other Member. Minister? The Chairman: No, you have to ask the Chairman. You want to do clauses 1 through 10? Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, I would first of all like to thank Hon. Wayne L. Furbert: Yes, Mr. Chairman. We can everyone who has spoken today. We have learned a do clauses 1 through 10. lot. It is clear there are still things that we can do as a party and as a Government and as legislators moving The Chairman: Okay. Well, continue. forward to even improve voting going forward. I do not believe that the Opposition went too far in regard to Hon. Wayne L. Furbert: Mr. Chairman, clause 1 is the absentee ballot voting, from what I understand. self-explanatory, as I mentioned. But we are also looking into that. Integrity is all about Clause 2 amends section 3(2) to allow a per- how we deal with things like eligibility and security. son who is released from prison on licence be regis- But as time goes on I am sure we can make some tered in the parliamentary register. further adjustments and amendments to the legislation Clause 3 amends section 4(2)(e) to allow a going forward. person who is released from prison on licence, if reg- We believe in improving democracy, and if istered in the parliamentary register, to vote at the par- there is anything we can do, I am sure we will try to liamentary elections. bring things forward in the future. But here we are. Clause 4 amends section 27(5) to provide that The PLP has made great progress in the past. And the polling date for an election (both a general and a here we are in the present, and in the future we can bye-election) must be at least 40 days after the issue make some further progress going forward. of the writ of election. So, Mr. Speaker, with those few remarks, I Mr. Chairman, clause 5(a) amends section 40 would like to have the Bill committed. by repealing subsection (2), which provides that the Parliamentary Registrar is to issue a certificate to vot- The Speaker: Thank you, Minister. ers who expect to be away from Bermuda or to be Deputy. travelling to or from Bermuda on polling day, enabling them to vote in an advanced poll. House in Committee at 9:00 pm Clause 5(b) inserts into section 40 the new subsections (2C) and (2D), which require such voters [Hon. Derrick V. Burgess, Sr., Chairman] to apply to the returning officer at the advanced poll with a copy of their travel document confirming their COMMITTEE ON BILL dates for travel from and to Bermuda. If satisfied that the application is made in good faith, the returning PARLIAMENTARY ELECTION officer issues a certificate, which enables the voter to AMENDMENT ACT 2020 vote, be able to vote at the advanced poll. Clause 5— The Chairman: Honourable Member, we are now in Committee of the whole [House] for further considera- [Feedback] tion of the Bill entitled Parliamentary Election Amend- ment Act 2020. Hon. Wayne L. Furbert: Is there a question? Hello? Mr. Furbert, you have the floor. The Chairman: We can hear. We can hear. Hon. Wayne L. Furbert: Mr. Chairman, clause 1 is self-explanatory. Hon. Wayne L. Furbert: Okay. Clause 5(c) amends Clause 2 amends section— section 40(3) to reference the certificate issued under the new section 40(2C). The Chairman: You want to move— Clause 5(d) amends section 40(3A) to provide that any advanced poll (not only an advanced poll re- Hon. Wayne L. Furbert: I’m sorry, Mr. Chairman. I ferred to in that section) may be held on more than am hoping that we can move all the clauses, if the one day. Opposition is fine with that or— Clause 5(e) inserts the new subsections (4A) and (4B) into section 40. Section 40(4A) provides that The Chairman: Are you asking me, or are you asking where a parliamentary elector who is registered in the the Opposition? parliamentary register for a constituency in which a parliamentary election is pending is certified by a medical practitioner to be prevented by illness, infirmi- Bermuda House of Assembly 4514 17 July 2020 Official Hansard Report ty or disability to be unable, even with mechanical or The Chairman: Okay. Opposition Leader, Mr. Can- other assistance, to leave his or her place of resi- nonier, Honourable Member, you have the floor. dence to attend an advanced poll for incapacitated voters under section 41, it shall be lawful for such par- [Pause] liamentary elector to record his or her vote at his or her place of residence on such date prior to the polling The Chairman: Member, are you having difficulties, date as it is appointed by the Registrar. Section Mr. Cannonier? 40(4B) provides that an elector who wishes to have his vote recorded at his place of residence must apply Hon. L. Craig Cannonier: My apologies. I thought I to the Registrar for registration, and the Registrar was unmuting, and I muted. may, if he is satisfied that it is reasonable to hold an advanced poll at such a place of residence, so regis- The Chairman: Okay. ter it. Clause 5(e) also inserts the new section Hon. L. Craig Cannonier: Yes. Let me put my cam- 40(4C) and (4D). Section 40(4C) empowers the Reg- era on for this procedure. istrar, if satisfied, that due to exceptional circumstanc- Clause 5, [proposed section 40](4C) . . . I es it is of interest of public health and safety to do, so guess I was looking just for some more clarification by order designate additional categories of voters who around the exceptional circumstances that we did not qualify to record their vote at an advanced poll. get a quite clear understanding of. Clause 5, [pro- Section 40(4D) provides that an order made posed section 40](4C), “If the Registrar is satisfied under section 40(4C) is not subject to the Statutory that due to exceptional circumstances it is in the inter- Instrument Acts 1977, but shall be published in the ests of public health or safety to do so . . .” I get the Gazette and in such other manner as the Registrar idea of potential COVID-19 situation, where we want thinks would best bring it to the attention of voters. the distance. But what might be some of those other Clause 6 amends section 41(1) to remove the exceptional circumstances that the Minister might restriction that an advanced poll under the section have been thinking about that would warrant this? cannot be “earlier than seven days prior to the polling date.” The Chairman: Minister. Clause 7 amends section 52 to provide for Unmute yourself, Minister. blind or visually impaired persons to vote using a tac- tile voting device. Hon. Wayne L. Furbert: Mr. Chairman, shall I answer Clause 8 amends section 60(3) to provide that one at a time, or do you want to go through every- while in the election room a voter shall not use an body? electronic device (unless he is expressly authorised by the return officer to use that device) and shall not The Chairman: No. Go ahead, Minister. Answer now. take or cause to be taken any image of a ballot paper. Clause 9 amends the Schedule (with respect Hon. Wayne L. Furbert: Okay. To get clarification, of the rules for the taking of a poll) by adding that, are you talking about any other exceptional circum- notwithstanding anything in the Schedule, if the Regis- stances? trar is satisfied that due to exceptional circumstances it is in the interests of public health and safety to do Hon. L. Craig Cannonier: That is correct. We under- so, he or she may impose requirements that provide stand COVID-19, because a large part of this came for appropriate physical distancing between persons, about because of COVID-19—it’s distancing. But cer- or otherwise safeguarding the health and safety of tainly the intent of this seems to be a wider range of persons in or at the election room. exceptional circumstances. And clause 10, Mr. Chairman, provides for consequential amendments to the Parliamentary Elec- Hon. Wayne L. Furbert: It could be . . . Well, we also tion Rules 1979, the Referendum Act 2012 or any mentioned it in our brief remarks that it could be other other Act or statutory instruments to be made by the diseases that appear which could be outside of . . . Governor by regulations that are subject to the nega- could be some type of flu that may come up. Also, it tive resolution procedure. Thank you, Mr. Chairman. could be some disaster that happened in Bermuda, and we may have to do something different— The Chairman: Thank you, Honourable Minister. hurricane, storms, whatever it is. Are there any further speakers? Any speakers? The Chairman: Any further speakers?

Hon. L. Craig Cannonier: Opposition Leader here. Mr. Scott Pearman: Thank you, Mr. Chairman. I have a further question.

Bermuda House of Assembly Official Hansard Report 17 July 2020 4515

The Chairman: Yes. Continue, Mr. Pearman. clude parliamentary scrutiny. Anyway, that is the question. Mr. Scott Pearman: Thank you, Mr. Chairman. Thank you very much. I do not know if my video is on or not. But I tried to— Hon. Wayne L. Furbert: Yes. I understand [that the] Honourable Member is addressing it or suggesting it The Chairman: Yes. I hear you. Go ahead, Mr. to us. I can get further clarification and get back to you Pearman. briefly.

Mr. Scott Pearman: Good. The Chairman: Any further questions of the Minister? Honourable Minister, I would be grateful to No further questions? know in respect of page 3 of the Bill, clause 5, just Minister, you want to move the clauses 1 below the section to which the Honourable Opposition through 10? Leader was speaking is a newly inserted section 40(4D) (“D” for David). And it says that where an order Hon. Wayne L. Furbert: Mr. Chairman, I move claus- is made under section 40(4C) it will not be subject to es 1 through 10. the Statutory Instruments Act 1977. And I would be grateful to know from the Honourable Minister why The Chairman: It has been moved that clauses 1 any Order made by the Parliamentary Registrar is go- through 10 be approved. Are there any objections to ing to be exempted from the Statutory Instruments that? Act? There appear to be none. Thank you, Honourable Minister. Approved.

The Chairman: Minister. [Motion carried: Clauses 1 through 10 passed.]

Hon. Wayne L. Furbert: What clause is that, Honour- Hon. Wayne L. Furbert: I move that the preamble be able Member? approved.

The Chairman: [Proposed section 40](4D) on page 3. The Chairman: Yes. It has been moved that the pre- Clause 5, [proposed section 40](4D). amble be approved. Are there any objections to that? There appear to be none. Hon. Wayne L. Furbert: Honourable Member, I prom- Approved. ise you I will get back to you on . . . Hold on. I am getting the words “because it is discre- Hon. Wayne L. Furbert: I move that the Bill be re- tionary for operational purposes only.” ported to the House as printed.

[Crosstalk] The Chairman: It has been moved that the Bill be reported to the House as printed. The Chairman: Okay. Any further questions? Are there any objections to that? There appear to be none. The Bill will be re- Mr. Scott Pearman: Yes. Thank you, Mr. Chairman. ported to the House as printed.

The Chairman: Continue, Mr. Pearman. [Motion carried: The Parliamentary Election Amend- ment Act 2020 was considered by a Committee of the Mr. Scott Pearman: Yes. I am sorry. I think I heard whole House and passed without amendment.] your answer, Honourable Minister, as being opera- tional reasons. Let me just probe a little bit further be- The Chairman: Thank you, Honourable Minister, Mr. cause it seems odd. The Statutory Instruments Act, as Furbert. you know, is all about the ability to have parliamentary Mr. Speaker. scrutiny over statutory instruments. And an Order is a statutory instrument. And the Parliamentary Elections House resumed at 9:12 pm Act is not exempted from the Statutory Instruments Act. So it is an Act over which Parliament itself should [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] have scrutiny. And so it is just a bit odd to exclude this par- REPORT OF COMMITTEE ticular Order in this particular circumstance from par- liamentary scrutiny. And I do not know why adminis- PARLIAMENTARY ELECTION trative concerns would be a legitimate reason to ex- AMENDMENT ACT 2020

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The Speaker: Thank you, Deputy. [Motion carried: Standing Order 21 suspended.] Members, are there any objections to the Par- liamentary Election Amendment Act 2020 being re- BILL ported to the House as printed? There are no objections. The Bill has been THIRD READING reported to the House as printed. Members, that brings us to a close of the Or- PUBLIC SERVICE SUPERANNUATION ders for today. TEMPORARY AMENDMENT ACT 2020 We will now do the third readings for the Bills that have been done today. And we will start with the Hon. Curtis L. Dickinson: Mr. Speaker, I move that Minister of Home Affairs . . . no, Minister of Finance the Bill be now read a third time by its title only and (sorry). Minister of Finance. passed.

SUSPENSION OF STANDING ORDER 21 The Speaker: The Bill has been read by its title the third time and passed. Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to [Motion carried: The Public Service Superannuation move that the Bill entitled Ministers and Members of Temporary Amendment Act 2020 was read a third the Legislature (Salaries and Pensions) Amendment time and passed.] Act 2020 be now read the third time by its title only.

The Speaker: Continue, Mr. Speaker. The Speaker: Are there any objections to that? No objections. Continue, Minister. SUSPENSION OF STANDING ORDER 21

[Motion carried: Standing Order 21 suspended.] Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to BILL move the Bill entitled National Pension Scheme (Oc- cupational Pensions) Amendment (No. 2) Act 2020 be THIRD READING now read the third time by its title only.

MINISTERS AND MEMBERS OF THE The Speaker: Members, Are there any objections to LEGISLATURE (SALARIES AND PENSIONS) that? AMENDMENT ACT 2020 No objections. Continue, Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be now read a third time by its title only and [Motion carried: Standing Order 21 suspended.] passed. BILL The Speaker: Members, the Bill has been read the third time by its title only and is passed. THIRD READING

[Motion carried: The Ministers and Members of the NATIONAL PENSION SCHEME (OCCUPATIONAL Legislature (Salaries and Pensions) Amendment Act PENSIONS) AMENDMENT (NO. 2) ACT 2020 2020 was read a third time and passed.]

Hon. Curtis L. Dickinson: Mr. Speaker, I move that The Speaker: Minister, continue. the Bill be now read a third time by its title only and passed. SUSPENSION OF STANDING ORDER 21

The Speaker: The Bill has been read the third time by Hon. Curtis L. Dickinson: Mr. Speaker, I move that its title only and has passed. Standing Order 21 be suspended to enable me to [Motion carried: The National Pension Scheme (Oc- move the Bill entitled Public Service Superannuation cupational Pensions) Amendment (No. 2) Act 2020 Temporary Amendment Act 2020 be now read the was read a third time and passed.] third time by its title only.

The Speaker: Minister. The Speaker: Members, any objections to that? No objections. SUSPENSION OF STANDING ORDER 21 Continue, Minister.

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Hon. Curtis L. Dickinson: I move that Standing Or- The Speaker: The Bill has been read by its title only der 21 be suspended to enable me to move that the for the third time and has now passed. Bill entitled Registrar of Companies (Supervision and Regulations) Act 2020 be now read for the third time [Motion carried: The Parliamentary Election Amend- by its title only. ment Act 2020 was read a third time and passed.]

The Speaker: Members, Are there any objections to The Speaker: Thank you, Ministers. that? Mr. Premier. No objections. Minister, continue. BILL WITHDRAWN [Standing Order 48] [Motion carried: Standing Order 21 suspended.] GAMING (TRANSFER OF FUNCTIONS) ACT 2020 BILL Hon. E. David Burt: Thank you, Mr. Speaker. THIRD READING Mr. Speaker, under the provisions of Standing Order 48, I move to withdraw the Bill entitled the Gam- REGISTRAR OF COMPANIES (SUPERVISION ing (Transfer of Functions) Act 2020 that was AND REGULATIONS) ACT 2020 tabled earlier today.

Hon. Curtis L. Dickinson: Mr. Speaker, I move that The Speaker: Yes. the Bill be now read a third by its title only and passed. Hon. E. David Burt: Thank you, Mr. Speaker.

The Speaker: The Bill has been read the third time by The Speaker: Members, the Premier has asked for us its title only and has passed. to suspend the rules so he can have the Bill with- drawn and replaced. [Motion carried: The Registrar of Companies (Super- Are there any objections to that? vision and Regulations) Act 2020 was read a third No. time and passed.] [Motion passed: The Gaming (Transfer of Functions) The Speaker: The Minister of Cabinet. Act 2020 was withdrawn.]

SUSPENSION OF STANDING ORDER 21 The Speaker: Continue, Premier.

Hon. Wayne L. Furbert: Mr. Speaker, I move that SUSPENSION OF STANDING ORDER 14 Standing Order 21 be suspended to enable me to move that the Bill entitled Parliamentary Election Hon. E. David Burt: Thank you, Mr. Speaker. Amendment Act 2020 be now read the third time by its Mr. Speaker, I move that Standing Order 14 title only. be suspended to enable me to introduce the following revised Bill for its first reading so that it may be placed The Speaker: Are there any objections to that? on the Order Paper for the next day of meeting. No objections. Continue, Minister. [Standing Order 14 was suspended to allow the Hon- ourable Premier to move a revised Bill for its first read- [Motion carried: Standing Order 21 suspended.] ing.]

BILL BILL

THIRD READING FIRST READING

PARLIAMENTARY ELECTION GAMING TRANSFER OF FUNCTIONS ACT 2020 AMENDMENT ACT 2020 Hon. E. David Burt: The Gaming Transfer of Func- Hon. Wayne L. Furbert: I move that the Bill be now tions Act 2020. read a third time by its title only and passed. The Speaker: Members, Are there any objections to that?

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No objections. which night in and night out lectured people of Ber- muda, Don’t tear it. Stay home. You’re under a cur- The Speaker: Continue, Premier. few. Wear your masks. Social distance. And then it was changed to physical distance. I struggle, Mr. ADJOURNMENT Speaker, to understand how the very people who night in and night out lectured us on the gravity of the Hon. E. David Burt: Thank you, Mr. Speaker. situation that we had could go out and actually tear it Mr. Speaker, I move that this Honourable themselves. House do now adjourn until Friday, July 24th. And I do Now, Mr. Speaker, they did not just tear it; know that some of my Members would like to speak to they ripped it, they destroyed it and they did not even the motion to adjourn, Mr. Speaker. hide it. Now, how did we get to this point? Earlier to- The Speaker: Oh, Mr. Premier, I had the gavel in my day the Opposition asked questions during the Ques- hand that time. tion Period in the House of Assembly. However, much remains to be known and to be uncovered. Much is Some Hon. Members: Mr. Speaker. still hidden away. Many questions were not answered. The new Minister of National Security said this The Speaker: Members, yes. Continue. morning in questioning that the Minister of Health was consulted. And quite rightly so that the Minister of Hon. Michael H. Dunkley: Who are you acknowledg- Health should be consulted on matters like this. After ing, Mr. Speaker? all, the Minister of Health is the one who has the ad- vice at her fingertips with the technical officers. The The Speaker: I think that was Mr. Dunkley’s voice I Minister of Health is the key person in formulating any heard. regulation or rules that are required. No answer was given at the time, Mr. Speaker. Hon. Michael H. Dunkley: That is correct, Mr. Because it is important that we know the Min- Speaker. ister’s advice on this exemption, did the Minister of Health . . . And it is quite simple, Mr. Speaker, and I The Speaker: Okay. MP Dunkley, you have the floor. ask this question to the Honourable Minister of Health You have your 20 minutes. tonight. Did the Minister of Health support or not sup- port the exemption request? Simple question, Mr. CABINET MINISTERS’ VIOLATION OF COVID-19 Speaker. It cannot be a decision that was made by the REGULATIONS AT BLU RESTAURANT Ministry of National Security, especially since the for- mer Minister was invited to the party. But the question Hon. Michael H. Dunkley: Thank you, Mr. Speaker. to the Minister of Health is, Did the Ministry of Health, And good evening to colleagues. did the Minister support this exemption? Mr. Speaker, I think by now everyone has Mr. Speaker, the Minister of National Security seen the videos—dancing on tables, dancing on what was asked this morning for a status report on the looks like a bar, no masks being worn in very close Government inquiry. And there was no answer. But quarters, Moët flowing, smoking cigars indoors, well- the Honourable Premier quickly jumped in and stated known people in attendance, government and private that he launched the inquiry and the results are sector, and our COVID-19 regulations being de- known. Well, all we know is that two Ministers were stroyed. dismissed and Blu was closed for two weeks. We do Mr. Speaker, as a result of this we saw two not know many other important answers to questions. prominent Cabinet Ministers be dismissed. We have Who conducted the inquiry for the Premier? If the in- seen many different stories about the event. We have quiry was finished, what were the guidelines for the seen explanations that have not even held up for a inquiry? What has been the outcome of the inquiry short period of time, such as, I was on the way from other than what we know, that two Ministers have the bathroom and I just did a 20-second jig with the been dismissed and Blu has been closed for two saxophone. We have seen commitments for a weeks? $10,000 donation to Meals on Wheels, Mr. Speaker. Now, Mr. Speaker, as per the regulations, and But what we have not heard is exactly how we got to the exemption order was very clear on what had to that place. take place for this event to take place—not a charity Mr. Speaker, the events of that night, I believe event; it was a party, Mr. Speaker. It said that “1. All on July 3rd, have been a disaster for the Government. persons attending the event must wear a face mask And the facts and the truth are still not known in many and maintain appropriate physical distancing at all areas. Mr. Speaker, in reflecting on this night, I strug- times. 2. Must adhere to Ministry of Health Guidelines gle to understand, I struggle to comprehend how two pertaining to Indoor and Outdoor Dining.” Well, Mr. senior Cabinet Ministers, part of the very Government Bermuda House of Assembly Official Hansard Report 17 July 2020 4519

Speaker, it appears that that was not the case from Hon. Michael H. Dunkley: Thank you, Mr. Speaker. the get-go. Mr. Speaker, I thank the former Minister for And another question to the Government that comment. There was another letter that came in. Members: Were names and addresses of all at- So because of the [former] Minister’s interjection, now tendees collected at the door? Obviously, this is a crit- the question has arisen: Why the need for a second ical step as we try to combat COVID-19. And if there letter? Did Government refuse the request of the first are any outbreaks, no matter how small or larger, that letter and more information was required? Or did contacts can be found out quickly so that people can Government say that the original explanation was not be traced down. So in light of the significant challenge sufficient and they needed to supply more details, Mr. where we saw rules not only torn apart, but just Speaker? thrown out the door, were the names and addresses Mr. Speaker, while the Ministry of National of every person captured that night at the door? Security, through the Minister, has given the exemp- Now, Mr. Speaker, you have to take it just a tion, we note that Meals on Wheels was mentioned in step further. Because with an event like that, where all the exemption. We find it curious to some extent that the rules and the regulations that the Government has when these events became public and the videos preached to us incessantly since the end of March started circulating, a donation was quickly made to were thrown out the door . . . and we know that if any- Meals and Wheels. And when Meals on Wheels was one in that establishment on that night—because contacted about it, they said they did not know of the physical distancing was thrown out the door, because event. And now we learn, Mr. Speaker, that they actu- masks were not worn and many other violations—we ally did not accept the money. know that if there was one asymptomatic person in This is indeed an unfortunate situation, Mr. that room that virus could have spread very quickly, Speaker, because, clearly, every charity in Bermuda Mr. Speaker. is keen to have access to funding, especially under So, the question to the Honourable Govern- these critical times that we face, to have access to ment: Will everybody in attendance that night be test- funding to continue their work. And Meals on Wheels ed? If not, why not? If so, who will bear the burden of is one of those charities that I am sure, Mr. Speaker, testing everyone in attendance? has been hard-pressed over the past months, espe- Now, Mr. Speaker, obviously as a result of cially with COVID-19, in servicing those who were such a serious infringement on our ability to combat shut in. And the demand was probably even greater COVID-19 under the watchful eye of at least two Gov- than before. So, $10,000 would have been accepted ernment Ministers, I have to ask the Government with much appreciation. But obviously, they turned it Members on what basis was the decision made to down because the events did not add up properly for close Blu for two weeks before the Government even them, and they did not want to be part of the contro- announces that the inquiry is compete? Or was that all versy. the inquiry came out to—dismissing the Cabinet Min- But what I find strange about this, Mr. Speak- isters, imposing sanctions on Blu? er, is that I would think that anybody, if they were go- Mr. Speaker, we learned in questioning this ing to host an event and raise money for charity, morning that when asked what reasons were given for which is laudable in itself (and I hope that people will the exemption to host this event, the answer was that continue to do it in the right way with the right organi- it was for charitable purposes. And Meals on Wheels sation) . . . I would have thought that anybody would was mentioned. What was quite interesting that my contact the charity that they had in mind first to get colleagues identified and honed in on was that there their support in actually using their name to do it; get was not one, but perhaps two applications on two dif- the support of the venue that you were using to make ferent dates. And perhaps the second application was sure the charity supported the venue, as well. And as a result— then perhaps even invite somebody from the charity to the event so they could see first-hand what is being Mr. Wayne Caines: Point of order, Mr. Speaker. done. This never happened, Mr. Speaker. And this leads me to believe, my humble opin- The Speaker: Well, we will take a point of order. ion, Mr. Speaker, that this was not ever to be a charity dinner. This [is] something in itself that still has to be POINT OF ORDER uncovered. But this was never to be a charity dinner because if it was, it would not have come off like it Mr. Wayne Caines: Mr. Speaker, there were not two has, Mr. Speaker. It would not have come off to be the applications. There were not two applications. That is event that people from one end of the Island have definitely incorrect. There was another letter that looked at with a gasp to say, I cannot believe what came in, Mr. Speaker, as an addendum to the first took place with our leaders leading the charge, Mr. letter. Speaker. Now, Mr. Speaker, all of this comes against a The Speaker: Thank you. backdrop that thousands of Bermudians are out of Bermuda House of Assembly 4520 17 July 2020 Official Hansard Report work. Many Bermudians are struggling to make ends nounced the COVID-19 Economic Committee. To meet. Bermudians cannot find work. Hospitality and date, weeks on, we have not had much of a report tourism are struggling to open, and it is going to be about where they stand. Mr. Speaker, I fully realise some time. Our children cannot attend their school. that we face challenges that no one thought we would While they can study from home and have virtual face in January of 2021 [sic]. I fully understand and classes, they cannot attend their school. We know accept that a lot that we have had to do has been how important that is for them, to attend their school, breaking new ground, making decisions that were so to be with their friends, to compete, to play sports, all far removed from anything we thought we would have of those things, Mr. Speaker. Our children cannot at- to do. tend their schools. But that still does not make an excuse for the We have seen violence on the rise with shoot- behaviour we witnessed on the night of July 3rd by ings, stabbings, even a home invasion. We have seen Government Members as the rest of the community the rise of domestic abuse because of the lockdown, was told not to tear it, Mr. Speaker. Well, the Govern- Mr. Speaker. All of this against the backdrop where ment tore it. And now we have to rebuild it. And there we see videos of a party that, if anybody had looked are two ways we can approach that, Mr. Speaker. at it on a Saturday or Sunday morning, they would go Give a full understanding and explanation of what back and say, This can’t be 2020 in Bermuda. This is happened there, no stone left unturned, and then to not where we are in the present time, Mr. Speaker. show us what the the economic plan is for Bermuda. Paint the picture. Life for thousands of Bermudians is And the Opposition is willing to sit down with a real struggle, with not much hope on the horizon the Government and discuss this plan. Time is not on and no plan yet by the Government on where we are our side. People are grateful for the unemployment going to go and how we are going to get out of this. benefit, but time runs out in just a few days. And they And counter that with a lavish party breaking all the are asking what is next, Mr. Speaker. Thank you for rules, tearing it. your time. Mr. Speaker, the PLP talk about Two Bermu- das, and they just showed us what they meant by Two Lt. Col. Hon. David A. Burch: Mr. Speaker. Bermudas. Now, Mr. Speaker, I raise this uncomfortable The Speaker: Thank you, MP. subject tonight because the Government cannot walk I believe that I heard Minister Burch. away from that. They cannot walk away from the sub- Minister Burch, would you like to make a con- ject, because the people of Bermuda deserve a full tribution at this point? understanding as to what took place and why it took place. If this full understanding does not come to the Lt. Col. Hon. David A. Burch: Thank you, Mr. people of Bermuda, this Government will continue to Speaker. I would. lose the trust and support of the people whom they serve. The Speaker: Thank you. Now, Mr. Speaker, some people give the Honourable Premier credit for the dismissal of the two SOCIAL MEDIA COMMENTS REGARDING Ministers. In reality, Mr. Speaker, there was little DR. CARIKA WELDON choice. Simply put, their actions made the decision an easy one. You cannot set the regulations, you cannot Lt. Col. Hon. David A. Burch: Mr. Speaker, she ab- implore people to follow them and then tear them up ruptly left her job at Oxford. She came home to help because you choose to have a good time. So, Mr. her country. She spent 14 days in quarantine and Speaker, the Government needs to answer these worked every day of those 14 days coordinating and questions because the Opposition will continue to look designing the lab at Southside. She designed the for the answers. COVID-19 drive-through testing facility. She recruited Now, Mr. Speaker, this party comes against an army of young Bermudian students to teach them the backdrop that we hear the Government say, day in about her work. She has worked tirelessly to test as and day out, We are nowhere near out of the woods many residents as possible and produce those results yet. And I agree. The health concern has waned in record time. slightly, but COVID-19 is still a significant challenge, a Mr. Speaker, I ask the question: What em- health hazard to the world and to Bermuda. In addi- ployer would agree to such a sudden arrangement if tion, Mr. Speaker, we have not even started to ad- the person in question was not respected and held in dress our economic concerns. Many people in the such high regard by that employer? Of course, I speak community do not even understand the enormous of none other than the most distinguished, respected, scope of these economic concerns. educated, sincere, compassionate and humble, Dr. Next week I believe the unemployment benefit Carika Elshae Weldon. For the record, Mr. Speaker, I will end. What is next? Mr. Speaker, with great fan- first met Dr. Weldon in person in November last year. fare, the Premier and the Minister of Finance an- She is an impressive young lady who simply exudes Bermuda House of Assembly Official Hansard Report 17 July 2020 4521

competency, sincerity and humbleness. The second choice but to call those names and take other actions occasion followed her release from quarantine on to force them to correct their behaviour. April 23rd. From that point I adopted her, and told her Mr. Speaker, why would any bright young parents I had done so. I told her that she is now my Bermudian—and there are countless numbers of daughter. them—want to return to this place when there are As a fellow Bermudian, I am so proud of her those who will happily spend every waking moment accomplishments and impressed with her work that I trying to tear them down? And may I also state that committed to doing everything within my power to en- there are work permit holders who have been both sure her success. nasty and disrespectful to Dr. Weldon. Mr. Speaker, Mr. Speaker, MP, now Minister Renee Ming there is no foreigner who should think they have li- made an impassioned speech at the last sitting of this cense to disrespect Bermudians. They are guest House about the value of women’s contributions to workers in this country, and they should act like it. Bermuda, the workplace and politics. She specifically Mr. Speaker, of course there has been at spoke to the plight of Black women and the virtues of least one Member of this House who falls into that encouraging their wider participation in the communi- category, as well. He should know that I will not hesi- ty. Following is my recollection of some of what she tate to call his name if necessary. It will certainly re- said, and I quote, “[I]t is time for women, especially move the mask of deception he likes to wear. Black women, to stand up and take their place.” Stop Mr. Speaker, I am calling on all of these peo- sitting around and talking it. Get out there and make it ple to cease and desist. This is personal to me and happen in whatever arena you can make a difference. has nothing to do with my being a Minister, albeit, I Then get out and do it. Stop talking about what is not am using that platform to make this statement. You happening, and get out and make it happen. are attacking one of my children. Many of us feel this I wholeheartedly support that view, Mr. way about all of our students. It is the duty of every Speaker. However, I would like to go a step further in senior villager in this country to ensure the success of exploring this concept and talk about the elephant in the next generation. This Government, like previous the room, the jealousy and envy of Black women to- PLP Administrations, has set a course to recruit, train, wards other Black women who are successful. You encourage, fund and employ young Bermudians. know what I am talking about, Mr. Speaker, the crab- In Public Works alone we have 37 summer in-the-bucket mentality. And no, I am not saying that students, down from 56 last year. They are engaged this behaviour is exclusive to Black women only. But in virtually ever aspect of this Ministry, from accounts that is whom I wish to address today. The same to water management, and every area in between in- speech can apply to some of our Black brothers, and cluding engineering, estates, parks, Port Royal Golf white folk as well. Course, human resources, Tynes Bay, the Quarry But today I have a specific reason for ad- Depot, the Prospect Depot, structures and the electri- dressing the issue of Black women because the mat- cal section. We are even supporting a student in the ter I wish to talk about concerns them. I feel com- former Ministry Department of Land Title Registration. pelled to speak to the disgraceful and malicious This demonstrates our seriousness as a Government treatment Dr. Weldon has received. It started even and as Bermudians to support our young. We have before she arrived on these shores. I will admit that tracked their progress during the school year and look the first person to question her credentials was a forward to many of them returning this summer. In white man less qualified than her, but simply exercis- fact, two students returned this evening on the BA ing his white privilege to question the qualifications of flight, after what has seemed like an interminable four any Black. He was soon joined by the white South months trying to get home. We look forward to wel- African doctor whose blatant racism towards Dr. Wel- coming them following their quarantine. don and all other Blacks in this country has already Mr. Speaker, you would have to be inhuman been revealed in posts made online. But the majority or from Mars if you were not proud of these young of those deliberately planning and plotting for her ulti- people as you witness their growth and maturity each mate failure are Black women. And many of them year. I just learned that one of my returnees is a new work in the Ministry and Department of Health. constituent of mine, who will be voting for the first time Mr. Speaker, I have witnessed treachery be- in the next election. I will be making arrangements, fore, but never to the extent being repeatedly visited outside of office hours, of course, to visit and get him upon Dr. Weldon. And please, no one suggest I do not and his twin brother registered to vote. know what I am talking about. I could name names Mr. Speaker, we are developing an army of today, Mr. Speaker, but I will not. The expectation is qualified, trained and competent young people, who that these, my tempered comments tonight, will en- we will ensure know that there is a welcoming envi- courage those who have been acting in this manner or ronment for them to return home and take their rightful those supervisors who have provided either tacit or place in the country of their birth. Every Ministry in this overt consent for others to do so, to make a concerted Government is committed to this aim. Well, I am put- effort to fix this. Failure to do so will leave me with no ting those on notice who wish to denigrate and make it Bermuda House of Assembly 4522 17 July 2020 Official Hansard Report tortuous for any young person to return home that we answered the call to help her country. She did not sign will not stand idly by nor will we stand for it. And if you up for all this foolishness. An all of us must show our are a guest worker in this country, we will invite you to support for this most outstanding young Bermudian, leave. That behaviour will not be tolerated. Dr. Carika E. Weldon. So sign the petition at Dr. Weldon happily signed a contract with the www.change.org/supportdrweldon, and let her know Government of Bermuda that pays her zero dollars. that we stand firmly behind and with her. Yes, you heard me right. She does not get a dime of Thank you, Mr. Speaker. our tax dollars. And I for one believe that contract should be renegotiated and she should be paid hand- The Speaker: Thank you, Minister. somely. But that is a fight for another day. What I want Does any other Member wish to speak? to focus on is the fact that she agreed to uproot her career and life at Oxford University to return home to Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. help us. Mr. Speaker, I ask, How many of those people The Speaker: It sounds like the Deputy Speaker. who are trying to tear her down would willingly give up Deputy Speaker, you have the floor. a mere two cents of their salary to give back to this country? I hear crickets. Do I sound angry? You bet SOCIAL MEDIA COMMENTS REGARDING your last dollar I am livid. I ask some of those Black DR. CARIKA WELDON women who have been terrorising Dr. Weldon, Of all the barriers you have broken down, I cannot under- Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. stand why you would erect them anew to block anoth- Mr. Speaker, I certainly support and agree er talented Black woman. Again, I heard crickets. with the words of Minister Burch on Dr. Carika Wel- Mr. Speaker, I know some are going to be don. I know her grandfather, Sinclair Smith, former most uncomfortable, even angry with my remarks. I do President of the Bermuda Industrial Union, Docks Di- not give a dickie-bird about their discomfort. They vision. I know he is even prouder than anybody. And I have committed what I consider to be the cardinal sin am just so proud that she is a Bermudian. She is a by attacking a brilliant young Black Bermudian for no Black woman who carries herself . . . with all the criti- apparent reason other than jealousy and envy. As a cism she has taken, she still carries herself above the villager in this country, Dr. Weldon and all young peo- ignorance. What Colonel Burch said, she signed the ple striving to reach their full potential are connected contract with Government for nothing. I would hope on to me. And so to attack them means you also attack her completion the Government gives her a special me. They are not equipped to deal with such duplicity, payment and makes no apologies for it. In addition, I a nor should they be. But, Mr. Speaker, rest assured I think our Governor should bestow on her the highest am so equipped, and I know several others who are awards or the highest honour that they can give Dr. as well. I am here to declare and decree that we will Weldon. not stand idly by and allow them to get away with it. It is because of her we have one of the best Mr. Speaker, do not take my word for how systems as far as testing for COVID-19 in the world. amazing Dr. Weldon is. It only takes a visit to And people do not want to give her due. I guess the YouTube to view the series of three knife-sharp inter- reason why is because of her complexion, Mr. Speak- views with Dr. Weldon for anyone who has not met er. So I applaud her. We in Bermuda love her despite her to learn how talented she is and how singularly what those who think different. They will never focused she is on helping her country. You will also change. We understand that. So, Dr. Weldon, keep get to meet two of her students and learn what they your head high. You have us behind you, despite think of her. I guarantee you, you will be impressed. whatever they say about you. Mr. Speaker, MP Tinee Furbert commented about Dr. Carika Weldon when the House last met. ALLEGED DRUG SCANDAL And she quoted Dr. Maya Angelou, who once said, “I AT DUNKLEY'S DAIRY come as one, but I stand as 10,000,” as does Dr. Weldon. I agree with that sentiment and would like Hon. Derrick V. Burgess, Sr.: Mr. Speaker, the Bermuda to prove MP Furbert right by signing a peti- speaker before Colonel Burch, Michael Dunkley, al- tion in support of Dr. Weldon. We need to demon- ways wants facts and answers from us. But he gives strate to her that it is a very small minority of haters no answers or facts about his case when they found who want her to fail. And we will stand squarely be- drugs in his containers. Give us those facts and stop hind her to ensure that does not happen to one of our asking us for facts. You know, the reason why he asks own. Go to www.change.org/supportdrweldon to cast us for facts on us, that is white privilege. And I am not your vote. going to waste any more time with his remarks. Mr. Speaker, I want to stress in the strongest Mr. Speaker, when you talk about my two col- possible terms that Dr. Weldon is the real deal. She leagues, our two colleagues, [former] Minister Zane has already put Bermuda on the map. She willingly De Silva and [former] Minister Wayne Caines, these Bermuda House of Assembly Official Hansard Report 17 July 2020 4523

are two of the hardest-working Ministers I have seen Hon. Derrick V. Burgess, Sr.: What was the person- in my career as an MP. These guys went beyond the al piece? I made no accusations on him. I said it was call of duty. Let us take just Minister Caines, Mr. drugs in his container. That is not mine; that is public Speaker. During the pandemic, COVID-19, when we knowledge. were locked down he attended, I am sure, well over 200 meetings. Hon. Michael H. Dunkley: That is wrong, Mr. Speak- er! Hon. Michael H. Dunkley: Point of order, Mr. Speak- er. Hon. Derrick V. Burgess, Sr.: It was in the Dunkley container! Hon. Derrick V. Burgess, Sr.: Go ahead. Hon. Michael H. Dunkley: Yes, Mr. Speaker. The Speaker: Point of order. Hon. Derrick V. Burgess, Sr.: Okay. POINT OF ORDER [Misleading] Hon. Michael H. Dunkley: Now, that is factual about the container. But, Mr. Speaker, individuals went to Hon. Michael H. Dunkley: Yes, Mr. Speaker. court, and they were incarcerated, Mr. Speaker. The Honourable Member, week in and week, out misleads the House with his rubbish. If there are Hon. Derrick V. Burgess, Sr.: I was not talking about any cases that the police investigate, that is up to the individuals. I am talking about Michael Dunkley. police. If the Honourable Member has any information on any wrongdoing by any Member of the House, in- Hon. Michael H. Dunkley: Yes, yes, because you cluding me, put facts on the table. Do not make up want to stick it on me, Mr. Speaker. fiction. Thank you, Mr. Speaker. But if you will not hold this man to account, this House is in disrepute, Mr. Speaker. You cannot The Speaker: Continue with your contribution. accuse somebody without facts, Mr. Speaker!

Hon. Derrick V. Burgess, Sr.: Mr. Speaker, that is no The Speaker: Mr. Dunkley, Mr. Dunkley. MP Dunkley, fiction. I can give him a report on the chief investigat- MP Dunkley. ing officer. Michael Dunkley, you were not investigat- ed, because of your white privilege! Hon. Michael H. Dunkley: Yes, sir.

Hon. Michael H. Dunkley: Mr. Speaker, that is total The Speaker: MP Dunkley. nonsense! And I— Hon. Michael H. Dunkley: Yes, sir. Hon. Derrick V. Burgess, Sr.: It is nonsense be- cause it is you! Anybody else, it is not nonsense. The Speaker: Let us come back to order here.

Hon. Michael H. Dunkley: Total nonsense, Mr. Hon. Michael H. Dunkley: Yes, sir. Speaker. And the Honourable Member is out of line, Mr. Speaker! The Speaker: Both Members, Deputy and MP Dunkley. The Speaker: Okay. Members, Members, Members. Hon. Derrick V. Burgess, Sr.: Yes, sir. Hon. Michael H. Dunkley: Mr. Speaker, I ask that the comment be withdrawn. The Member is out of line. The Speaker: The comments were comments that have been in the public knowledge to the degree of The Speaker: I have got it. the fact that there had been a container. There was a Deputy, I take your point, but I think the com- container that was investigated. There were people ments may need to be withdrawn. But your point is who went to jail. Public knowledge. made. The comments that seem to be personal are whether or not Mr. Dunkley himself had been investi- Hon. Derrick V. Burgess, Sr.: What comments need gated. And to support that, whether or not he had to be withdrawn, Mr. Speaker? been investigated, off of my memory I do not know whether that had been public knowledge or not, or The Speaker: Just the personal piece in reference to whether information had been provided whether or not the Member. that Member, Dunkley, had been investigated.

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But the facts stand that there was a container. [Crosstalk] The container was found to have drugs. And individu- als were incarcerated because of it. The Speaker: Thank you, Members. Here is how we are going to handle this. Here is how we are going to Hon. Michael H. Dunkley: Mr. Speaker, can I tell you handle this. The points that we laid out as to being some more facts? factual were factual. Both sides agree on that. The parts that needed further support . . . Deputy, you in- The Speaker: Member, I am trying to line out what dicated that you have a report that you are willing to was said thus far. table?

Hon. Michael H. Dunkley: Yes, Mr. Speaker, but I am Hon. Derrick V. Burgess, Sr.: Yes, I will. trying to help you with facts. The Speaker: I would ask you to table it next week. The Speaker: Well, the question that was left open And then once it is tabled, we can speak from it being just now is the comment that implied that investigating tabled. yourself had not been done. And some facts do sup- port that? Hon. Derrick V. Burgess, Sr.: Not a problem.

Hon. Derrick V. Burgess, Sr.: I can table the papers The Speaker: Thank you. And in the meantime, with- next week in Parliament if you want me to, Mr. draw and hold until we have it tabled. Speaker, the report. [INAUDIBLE] officer.— Hon. Derrick V. Burgess, Sr.: Well, I have not made Hon. Michael H. Dunkley: Mr. Speaker, I would like an accusation, Mr. Speaker, to withdraw anything. to see those— [Crosstalk] [Crosstalk] Hon. Michael H. Dunkley: Mr. Speaker— Hon. Michael H. Dunkley: I would like to see those papers tabled. Mr. Speaker, I had nothing to do with Hon. Derrick V. Burgess, Sr.: If I had actually at- that. tacked him, I would do that.

Hon. Derrick V. Burgess, Sr.: I doubt that you did. Hon. Michael H. Dunkley: It is a lot of nonsense, Mr. Speaker. He made accusations! Hon. Michael H. Dunkley: For the Member to stand in the Honourable House of Assembly and try to im- Hon. Derrick V. Burgess, Sr.: Mr. Speaker, do not pugn somebody’s character and integrity is as low as fall for— you can get, Mr. Speaker. It is despicable. [Crosstalk] Hon. Derrick V. Burgess, Sr.: Mm-hmm. Yes. Yeah. The Speaker: Both Members! Both Members! Mem- Hon. Michael H. Dunkley: And I will not tolerate any- bers! Members! body impugning my character. Because while I am not perfect, I would never ever import scourge into our Hon. Michael H. Dunkley: I do not want anybody to Island, Mr. Speaker! And if that Member wants to ride be attacked! that horse, he can go ride it. Because he had better be careful about what he says about somebody. He The Speaker: Members, Members, Members. The will not attack me, and he will not attack any of my comment that was made was that, Mr. Dunkley, you colleagues with his drivel, Mr. Speaker! had not been investigated. The other parts that we laid out, we all agreed were factual. The piece that the Hon. Derrick V. Burgess, Sr.: Is that a threat? Member stated was that you had not been investigat- ed. Hon. Michael H. Dunkley: Pure drivel! Hon. Michael H. Dunkley: But, Mr. Speaker— [Crosstalk] The Speaker: He is now saying that— Hon. Derrick V. Burgess, Sr.: Is that a threat? Hon. Michael H. Dunkley: Mr. Speaker, why would— An Hon. Member: Mr. Speaker. The Speaker: He is now saying— Bermuda House of Assembly Official Hansard Report 17 July 2020 4525

Hon. Michael H. Dunkley: Mr. Speaker, why would Hon. Derrick V. Burgess, Sr.: I am not changing my somebody be— tune, Mr. Speaker!

The Speaker: Let me finish. Mr. Dunkley, let me fin- Hon. Michael H. Dunkley: He is changing his tune ish. now. He is now stating that he has documentation or evidence to support that you were or you were not. Hon. Derrick V. Burgess, Sr.: What I said to you—

Hon. Michael H. Dunkley: Yes, but his documenta- The Speaker: Let me finish. Let me finish. I am not tion, Mr. Speaker, is something he can make up over finished. the next week. Hon. Derrick V. Burgess, Sr.: Okay. The Speaker: Wait, wait, wait! The Speaker: Until I see those documents, I cannot Hon. Derrick V. Burgess, Sr.: Make it up? I am not rule on either side. So at this point, I am asking you making it up. . . . I am asking that this matter, this topic be stopped at this point until the document is produced next week. The Speaker: I am saying at this point that both of you, that we are going to move on from this point until Hon. Michael H. Dunkley: So, Mr. Speaker— the evidence can be produced. If the evidence cannot be produced, he will not be able to speak to it. The Speaker: When I see the document, I can then rule on where he can or cannot go. [Inaudible interjection] Hon. Derrick V. Burgess, Sr.: Yes. Thank you, Mr. Hon. Michael H. Dunkley: And, Mr. Speaker, those Speaker. No problem. I will move away from that right comments need to be retracted! They need to be re- now. tracted, Mr. Speaker! Now, Mr. Speaker—

The Speaker: Mr. Dunkley, what I have said to you on Hon. Michael H. Dunkley: Mr. Speaker, this is unac- this matter tonight . . . the matter for tonight is closed. ceptable. So you can allow somebody on the floor of Next week the document has to be produced, and we the House of Assembly, on a virtual floor of the House will make a decision at that point as to whether or not of Assembly, to make something up without any there is any life for this for the future or if it is finished background to it and then bring them to you next for good. week, Mr. Speaker? Totally unacceptable. But the points that were laid out as far as there had been a container, the container was con- The Speaker: Mr. Dunkley, Member Dunkley. taining certain items, individuals went to jail—we all agree that was done. The point that then further that is [Inaudible interjections] in question now was your involvement. Let me put it that way, my words—not his words, my words. The Speaker: What I am asking is to cease . . . I have asked him to cease and desist on that line that he was Hon. Michael H. Dunkley: Mr. Speaker, I had no in- going on tonight. He cannot go down that road tonight. volvement. I had no involvement! The pieces that he stated that were factual, we all agree were factual. Anything else that is not factually The Speaker: Wait, wait, wait, wait. Let me finish. known at this point, he cannot go into. He has been asked to stop. We have agreed that that will not hap- Hon. Michael H. Dunkley: I will let you finish. Yes, pen tonight. Mr. Speaker. Hon. L. Craig Cannonier: Mr. Speaker, he needs to The Speaker: Okay. Correct. You are clearly stating retract those remarks. that you had no involvement. The Member is saying that he has documentation that may prove otherwise. Hon. Michael H. Dunkley: Well, if that is your ruling, we will do it, Mr. Speaker, but it is a dangerous pro- Hon. Derrick V. Burgess, Sr.: No, no, no. No, no, no, cess. Mr. Speaker. No, no. [INAUDIBLE] [Inaudible interjection] Hon. Michael H. Dunkley: See, now he is changing his tune, Mr. Speaker. The Speaker: Okay. So we will end and cease on that tonight. The Member will have to produce for me sup- Bermuda House of Assembly 4526 17 July 2020 Official Hansard Report port of the comments that he has made. And if it has Hon. Derrick V. Burgess, Sr.: Yes. You will get it. I not been supported, the matter will have to be ad- am not going to make it up, either. dressed next week with the evidence either supporting or denying the route that he took. Hon. Michael H. Dunkley: Mr. Speaker, it is unac- ceptable. I have made my point. And I will make sure Hon. Michael H. Dunkley: Mr. Speaker, while I can we follow this through. This sets a dangerous prece- respect your authority as a Speaker, this is a danger- dent, Mr. Speaker. If it can happen to me, it can hap- ous precedent to set. In the freedom of speech and pen to anyone. And we should not allow people to go not to impugn people’s integrity, this is a dangerous down that road, Mr. Speaker. I wait for the Member to precedent. find this document. I am sure he will be scurrying And you know what, Mr. Speaker? I have around to find something— broad shoulders. I can take it. [Crosstalk] Hon. Derrick V. Burgess, Sr.: Good. The Speaker: Mr. Dunkley— Hon. Michael H. Dunkley: Because my heart is pure and my mind is clean, Mr. Speaker. But what about Hon. Derrick V. Burgess, Sr.: —I have the document the weaker individuals whom people like MP Burgess right here. will attack? It is unacceptable, Mr. Speaker. The Speaker: Members! Both Members. Both Mem- The Speaker: MP Dunkley— bers. We will close the House this evening if you Members are not prepared to move forward. An Hon. Member: Point of order, Mr. Speaker! Hon. Derrick V. Burgess, Sr.: I am ready to move, The Speaker: I have asked that the matter ends here. Mr. Speaker. I do not need any other support from anybody else. No, no. We will not take any input from anybody else. The Speaker: I asked that we close this matter and The matter on this topic is closed tonight. go forward.

[Crosstalk] Hon. Derrick V. Burgess, Sr.: Yes. I am with you, Mr. Speaker. The Speaker: The Member has indicated that it is his opinion he has a document that will support the view Hon. Michael H. Dunkley: But, Mr. Speaker— that he was going to. I have asked that until this House, until the Speaker has had eyes on that docu- The Speaker: I am fine going home early, you know. ment, we cannot go down that road. Once I have eyes on the document, I will then have to make a judgment Hon. Michael H. Dunkley: But, Mr. Speaker— as to whether or not the document supports continua- tion down that road or whether again the matter is not [Crosstalk] dealt with and the comments are withdrawn. Okay? The Speaker: We will not have this discussion around Hon. L. Craig Cannonier: It should be retracted until here. such time! Hon. L. Craig Cannonier: Mr. Speaker, the remarks Hon. Michael H. Dunkley: Unacceptable. Unac- need to be retracted until next week! They need to be ceptable. retracted until next week!

Hon. Derrick V. Burgess, Sr.: Do you want me to The Speaker: The Member . . . the Member has been carry on, Mr. Speaker? told to leave this matter alone for tonight. The com- ments that were made indicated that there was inten- The Speaker: Deputy, provided you stay away from tion by . . . not the word intention, but there were im- that subject. plications. And I have asked him not to go down that road until he produces the evidence. Okay? And he Hon. Derrick V. Burgess, Sr.: I promise I will honour will not go down that road or we will close the House. what you said, Mr. Speaker. Hon. Michael H. Dunkley: Well, Mr. Speaker, he The Speaker: And naturally we will expect the docu- would be better off— mentation.

Bermuda House of Assembly Official Hansard Report 17 July 2020 4527

The Speaker: I have taken a ruling, gentlemen. I have He went back another day upon [former] Minister taken a ruling. Zane De Silva’s invitation. There was an envelope for him. And he said when he looked in the envelope and Hon. Michael H. Dunkley: Okay. I respect that. But saw what was a cheque, the tears flowed down his you know what? I will be back next week, Mr. Speak- eyes. er. Zane hires people when he does not even need them just to give them a job to make some money for food. The Speaker: I expect you to be back. This is the one who goes and gives—helps these people with groceries. I have seen him go in his pock- [Crosstalk] et to help people go to school overseas. Every year he has a back-to-school party for the children. [For- Hon. Michael H. Dunkley: I will be back and the driv- mer] Minister Caines has a back-to-school party for el that MP Burgess put out will have to be retracted. the children, has their hair cut and all of that type of thing. The Speaker: Deputy. These guys are sincere and genuine! Yes, they made a mistake. But does this one mistake erase Hon. Derrick V. Burgess, Sr.: Yes, sir. all the good things they continuously do? No. We do not do that. These are some good people, good peo- Hon. Michael H. Dunkley: Absolute drivel. ple. And [it is] with their participation, their contribu- tion, their commitment that we have got one of the The Speaker: Deputy. highest ratings in the world to deal with testing—them and the rest of the Government. And we are not going Hon. Derrick V. Burgess, Sr.: Yes. Do you want me to let that put a scar on their face, on their body, on to continue, Mr. Speaker? their name! No! We are going to lift them up because they deserve to be lifted up! These guys . . . I am so The Speaker: Provided you will move on. proud to call them friends. I am so proud they are my colleagues because of their sincerity and how genuine ACKNOWLEDGING WORK DONE BY FORMER they are. MINISTERS CAIN AND DE SILVA Despite what has happened to them, they will continue to give like they have been giving for years. Hon. Derrick V. Burgess, Sr.: Yes, sir! Mr. Speaker, I And they do not ask for anything in return. So to my have agreed with you for the last 10 minutes. I am colleagues, to the Government, I am pleased at how ready to move on. the Government has handled this pandemic. And we Mr. Speaker, let me say about [former] Minis- are so proud of this Government. ter Caines. [Former] Minister Caines used to go out on Thank you, Mr. Speaker. a daily basis during the closure/shutdown to visit the troops, see how they were making out. He would go The Speaker: Thank you, Member. down to the airport when all those flights were coming Does any other Member wish to speak? in just to see that everything was all right. Every night he would go out to the shelter for the homeless to Mr. Christopher Famous: Mr. Speaker. check, see if they were all right. This is what he did, Mr. Speaker. The Speaker: Yes? Also, Mr. Speaker, if there was a shooting or any type of disturbance like that, that [former] Minister Mr. Christopher Famous: Can you hear me, Mr. would be there. That is what he did. He was one of Speaker? those Ministers, like Zane De Silva, who would give you his last pair of shoes and not have any for him- The Speaker: Yes, it sounds like Mr. Famous? self, Mr. Speaker. These guys did yeoman service— yeoman service. Mr. Christopher Famous: Yes. I am going to tread And, Mr. Speaker, when it comes to Zane, carefully because I am sure others want to get in on another one. I heard a fellow on the radio the other the action, too. day. This fellow has got some serious physical chal- Mr. Speaker, three years ago . . . Can you see lenges. me, Mr. Speaker?

[Inaudible interjection] The Speaker: Yes.

Hon. Derrick V. Burgess, Sr.: And he needed some ACKNOWLEDGING WORK DONE BY FORMER tyres for his car. Zane told him, Come down and get MINISTERS CAIN AND DE SILVA your tyres. And when he went in to pay, it was free. Bermuda House of Assembly 4528 17 July 2020 Official Hansard Report

Mr. Christopher Famous: Okay. Just making sure. The Speaker: Members. I have muted everybody be- Three years ago a poll showed that the big- cause you all need to listen. gest concerns of the people of Bermuda, of this Is- It has been a long day. We can have this mo- land, were racism and gun violence. As a Govern- tion to adjourn on an even keel, or we can close the ment, we faced those challenges head-on. So let me House—one of the two options. I am not having it any add to the chorus and start by thanking former Minis- other way. I am asking every Member who comes to ters Zane De Silva and my cousin Wayne Caines for their microphone tonight to remember that each side their tireless works. of this House, the Government and the Opposition, It kind of pained me earlier today to see some has a role to play. Members of the Opposition, the UBP Members of the The Opposition, as any Opposition would be, Opposition, attempt to twist every little answer that the will ask questions. No matter who the Government newest Minister of National Security gave in order to was or who the Opposition is, their right is to ask try to paint a picture of something underhanded going questions. And because they are asking questions on. I will not dwell on that, Mr. Speaker. does not mean there is anything untoward because the questions have been asked. It is part of the role Hon. L. Craig Cannonier: Point of order, Mr. Speak- that the Opposition plays—no matter who the Opposi- er. tion would be. And I ask Members to reflect that if they were The Speaker: Point of order. Opposition today and had incidents happen similar, would they be asking questions? POINT OF ORDER Mr. Famous, you can unmute your micro- phone and continue. Hon. L. Craig Cannonier: We just went through a situation of speculation, and now the Honourable Mr. Christopher Famous: Mr. Speaker, let me move Member is speculating on the intent of the questions on. Let me be like the Deputy. I am moving on. that were being asked. If we are going to continue in Mr. Speaker, I just want people of Bermuda to this vein, we need to end the session! have the same energy when it comes to remembering that [former] Minister Caines worked day and night The Speaker: Members— with others to bring peace on our streets, when he helped out our brothers in BVI [British Virgin Islands], Hon. L. Craig Cannonier: People were only asking Turks & Caicos, Anguilla and Bahamas after Hurri- questions to get to the details of what is going on. And canes Irma, Maria and Dorian; when he navigated us whenever PLP is asks a question, it has got to be through COVID-19; when he stood firm, not neces- some kind of conspiracy behind it. sarily against, but when you have got 200 prison offic- ers surrounding the front lawn of Parliament, it could The Speaker: Thank you, Member. weaken somebody. But he stood firm. He helped mothers who were crying for their sons who had been Hon. L. Craig Cannonier: And this Honourable injured in gun or knife violence. Member leads it! Let us remember that. They paid a price. They paid perhaps the biggest price you could pay political- The Speaker: Thank you, Opposition Leader. ly. One minute you are a Minister; the next minute you Member— are in Royal Gazette saying you are not a Minister. We will not get into the internal things. But me—for Mr. Christopher Famous: See, I would ask him a one, I am not going to let anybody denigrate my col- certain plane ride, but I will leave that alone. league and my cousin.

The Speaker: Honourable Members— PLP THIRD-YEAR ANNIVERSARY

[Crosstalk] Mr. Christopher Famous: Mr. Speaker, three years ago today, July 17th, 2017, we were all candidates. Hon. L. Craig Cannonier: [INAUDIBLE] about a drug Some like myself and MP Tinee Furbert, Minister dealing! Why don’t we go down to that? Want to Renee, were first-time candidates. Your son, first-time speculate? candidate. Others such as yourself and the Deputy Speaker, candidates for the 100th time. We all went to Hon. Michael J. Scott: Mr. Speaker. the polls in an effort to help our people on this Island, not to line our pockets, not to elevate ourselves to Hon. L. Craig Cannonier: I was dealing with you! something on a pedestal, but to help our people. The people knew that, and the people spoke loud—24 to

Bermuda House of Assembly Official Hansard Report 17 July 2020 4529

12. Let us all bear that in mind, 24 to 12. That did not suffering. We just had something . . . Oh, yes, and I happen by mistake. see MP Cole Simons, the common room. But guess what? It was a landslide, like we We just had a debate about the Parliamentary have a landslide of work to do as well, Mr. Speaker. Act, who voted, who is away, blah-blah-blah, you We had unemployment reaching 7 per cent under the know, people not canvassing, not knowing where their former Government. We had structural racial inequali- people are, all of that. Mr. Speaker, all of that is aca- ty. We had an education system that needed address- demic if the 36 of us do not go out and canvass. Be- ing. We had to bring FinTech, something that people cause we sit here in Parliament within our houses. We had not heard about before, to fruition. We had to ad- sit here because people voted for us. They voted for dress comprehensive immigration reform, something us because they believe that we can do what needs to that the former Government did not want to do. be done for them. That can only be done by knocking So, Mr. Speaker, a Cabinet of 12 (or 13; I on their doors, getting to find out their concerns and cannot remember) was picked. And with a strong listening to them. backbench, including the Robin Hood corner, work The other day I went to one of my constitu- was set about. Along the way we made many ents’ house. She said, Oh, my dad just had a stroke. achievements. We lowered unemployment. We got I said, Oh, sorry to hear that. more Bermudians back to work. We gave our Black She said, No, no. Come on in. That was 7:30 people hope for equality, although we are still faced at night. I stayed there to 9:30. Met her husband, met with structural racism in this country. We commenced her children and her mother. (Well, I had met her FinTech in this country under the Premier and former mother already. Her brother and them I knew already.) Minister Caines. We commenced comprehensive im- They gave me something called quail eggs. I never migration reform under former Minister, the late Wal- had that. These are people who were not born in ton Brown, continued by [former] Minister Wayne Bermuda, but now have Bermuda status. And they are Caines, and now in the hands of Senator Crystal Cae- registered voters. sar. So whether the people look like you or do not We brought protection for our children under- like you, whether they eat codfish and potatoes or neath now-Minister Renee Ming and the Attorney they eat quail eggs, those are your constituents. You General. Under the Attorney General, we are expung- have to go out and see them. ing records of those who have small convictions for So I say here to all my fellow MPs and those smaller amounts of marijuana. We are bringing about who want to be MPs: As we recognise three years as cannabis regularisation. Under the Premier, the Depu- Government or three years as Opposition (which may ty and myself, we are building back relationships with be longer), let us remember that the most important our cousins in the Caribbean, which the former Gov- people are not the 36 of us who sit up here in Parlia- ernment never wanted to do because they did not at- ment. It is not the 11 people who sit in the Senate. It is tend CARICOM. I could go on and on. But today was the 47,000-plus people who are registered voters. And probably one of the proudest days of my life to see us even if they are not registered voters, they are more get rid of George Somers and give Mary Prince a important than we are. When people are getting all up rightful place in her rightful parish of Devonshire. The here, getting a hissy fit because their names are being list goes on. called for this, that or the other, right?, that is irrele- Along the way we lost one of our brothers, the vant. Go out and canvass, and see what is relevant. beloved Honourable Walton Brown. He is a big miss, So, Mr. Speaker, I am going to end. Three and it is hard to fill his shoes in so many ways. Along years ago I had one suit to my name. A lady, Ms. the way we have not gotten everything correct. We Carol Clarke, lent that to me. Well, she ended up giv- have to own those mistakes and learn from them. ing it to me. I did not really know how to wear suits That is what big people do. Along the way during because I never wore suits to work. I had to YouTube COVID-19, especially, we learned what the word “bi- how to wear suit and tie combinations and . . . well, I partisan” truly meant. Even when we have flareups know blue and blue go together. I did not know all like tonight, for the most part we know what mutual that. I did not really know how to give a speech. So I respect is, especially those of us who wear blue. Even am going to have to learn along the way. that includes my cousin Cannonier, from St. Kitts. So I say to each one of my fellow MPs and Mr. Speaker, due to COVID-19, we have Senators, we all have a lot to learn. We all can in learned that we could have Parliament without being some way or the other learn from each other. Utilise in Parliament. I am sitting in my kitchen. My wife, my that resource, and understand that the people are not mother, my father . . . for the first time they are in Par- expecting us to be up here having hissy fits about liament with me. But what did I say to all 36 MPs? We ourselves, but to be knocking on their doors and hear- were on different sides July 17th. We were on different ing their concerns. sides July 18th. But as of July 19th, 2017, we all need Thank you, Mr. Speaker. And one week be- to be on the same side here. Because our people are fore this, I just want to say happy anniversary to you for being the Speaker. And I know it can be a trying Bermuda House of Assembly 4530 17 July 2020 Official Hansard Report job for you. Thank you, Mr. Speaker. Oh, thanks for from the table on one or two occasions to use the not hitting the gavel tonight. bathroom, I did not have my mask on. And I believe that that was something that should not have taken The Speaker: Thank you, Honourable Member. The place. gavel was in my hand. I believe that when we think about the situa- tion, I have shared the chronology with the Premier, An Hon. Member: Mr. Speaker. and I have shared it with family, and I have shared it with friends over and over. And I believe that we have The Speaker: Would any other Honourable Member an opportunity as a learning curve. I have had to sit wish to speak? this down and talk with my family. But let me say this. The night of the event, there were people who were Hon. Michael J. Scott: Yes, Mr. Speaker. not governing themselves in accordance with the leg- islation. I was one of them. I did not set out to breach Mr. Wayne Caines: I would like to speak, Mr. Speak- the legislation. It was a lapse in judgment. er. When I got there and I saw that certain serv- ers did not have their masks on, I immediately spoke The Speaker: Is that— with the manager. And he made an effort to fix it. I digress. I will take the fact that I have had the oppor- Hon. Michael J. Scott: I will defer to Mr. Caines. tunity to lead in this country. I was given a task. And because of my actions, I will not be able to complete The Speaker: Mr. Caines? it. That is something that I have to live with. But if that were how the story would end, it Mr. Wayne Caines: Yes, sir. would not be a good story. I can tell you that I am committed to the work of the Progressive Labour Par- The Speaker: MP Caines, you have the floor. ty. I am committed to the work of the people of Ber- muda. And I am committed to the people in constitu- Mr. Wayne Caines: Thank you, Mr. Speaker. ency 14. My chairman, Mr. Quinton Ming, and Juanee Scott in our constituency, we have been working dili- The Speaker: If you can, you can turn your . . . Yes, gently over the last . . . over the pandemic, just to your video is not on. make sure that our constituency is taken care of. But the work that we have to do in this party is a beautiful Mr. Wayne Caines: Good evening to you, sir. I know work. It is a powerful work. you can appreciate the colour of my tie this evening. Tonight we should be celebrating three years of the Progressive Labour Party doing the bidding, The Speaker: Yes. working on behalf of the people in Bermuda. We should be celebrating our young people who went to An Hon. Member: Blue, blue, blue! the Bermuda College at the behest of the Bermuda College. We should be celebrating our Royal Bermu- FORMER NATIONAL SECURITY MINISTER’S da Regiment and the evolution of our Coast Guard. APOLOGY AND OUTLINE OF ACHIEVEMENTS There is so much that we have done in the last three years to make our country a better place, Mr. Wayne Caines: I want to thank you for the oppor- and we will continue to go from strength to strength tunity to speak on this motion to adjourn, Mr. Speaker. under the leadership of the Premier, David Burt. Mr. Speaker, these last two weeks have been This has been a learning experience for me some of the most difficult times in my life, my family’s because now I sit in a position where I will continue to life and my constituency’s life and in my party’s exist- keep my shoulder against the proverbial wheel. I am a ence. I would like to say that I accept that I played a team player, and I am committed to [not only] the work part in the debacle that we see now, and I bear the of the Progressive Labour Party, but to making our responsibility for that. And for that I am sorry. I realise country a better place. And I will continue that effort. that to whom much is given much is required. And I But, Mr. Speaker, because of a mistake, we fell below that standard. I have apologised for that cannot fail to realise and understand everything that privately, publicly, and I will continue to atone for that. went on over the past 18 weeks. So many times we But people in Bermuda placed a sacred trust in my are so quick to highlight a mistake, we forget that I hands, and I fell below the requisite standard. I will led, had the privilege of leading over just under 60 always . . . I will always take responsibility for that Emergency Measures Organisation meetings over the which I have done right and for that which I have done pandemic. I had the privilege of leading and taking wrong. several people through the Emergency Measures I believe that when I left and walked to my Subcommittee meetings, over 40 of those. Over 15 table, my mask should have been on. And I got up Cabinet subcommittee meetings. We had over 20 Bermuda House of Assembly Official Hansard Report 17 July 2020 4531

Cabinet meetings during COVID-19. We had over hospital site, praying over that young man’s body (personally, every day and then every other day, and when they thought that he would not make it when the then three times a week, and then twice a week, then soldier and the young man were shot in St. George’s, once a week) 60 media press briefings. going to St. George’s, making sure that . . . going to Under the Ministry of National Security, we the hospital and sitting with his family. That is not all created a system for airbridge flights. Managing the about me. That was the commitment of this Govern- airport, dealing with testing, dealing with making sure ment. Because the Minister of Health did it. Minister people had the opportunity to come to the airport on Burch did it. [Former] Minister Zane De Silva did it. time, making sure that we dealt with the arrival and Minister Rabain did it. The Premier did it. The Chief the departure of passengers, heretofore never done, Medical Officer did it. The DRRM, the Disaster Risk led under the auspices of the Disaster Risk Reduction Reduction and Mitigation Team did it. We were com- and Mitigation Team that everyone said, Leave their mitted to making sure that this country went through kids and don’t bring them home, and don’t bring the the most difficult time in our history. Bermudians home. We went against that and allowed And I want the record to reflect that I was ourselves the work to make sure that we had a bal- committed to that—ask His Excellency the Governor, anced approach to dealing with that. We did not have ask the heads and PSs [Permanent Secretaries] of a system of dealing with the people when they came each department, ask the Minister of Health, ask the home. people from the airport what we did to make sure So we established a quarantine facility and when it was not supported to close the country down. setting up quarantine hotels. No, we could not tell the We had disagreements, but all the time our main effort country where they were, because some people in the was to make sure that this country remained safe. beginning said no to their hotels being used. And they So when you tell the story, Mr. Speaker, tell were so concerned about the proliferation and how the whole story, that I gave my all to the people of this disease went. Several hotels said no. And we Bermuda! I gave my essence to make sure this coun- were able to get one or two hotels, and we were able try was protected during the most difficult time of our to get hotel flights coming into Bermuda. And after we history. So when you call, do not just highlight the mis- got that system, over 400 people were able to find take that I made. Tell them when I gave it, I gave my solace and lodging. Sometimes they could not afford all, my blood, my sweat, my care for my people both it. And so we had to do a system for vetting through Black, both white, both rich, both poor to make sure the Ministry of Health and finding out who got in the this country is a better place. When everyone said it quarantine facility. made no sense. You ask Mr. Ben Smith, when deci- We had to vet every private jet coming to sions were made, did I not bring him into the room, Bermuda, the Premier and the Minister of Transport, those key decisions, and ask for his input? When the to make sure that every flight had the proper forms for draft legislation was being given, you ask the Shadow coming in. We would visit the airport for each flight to Minister, was he not a part of that? Was he not given make sure that everything was in order. We would the legislation beforehand so he could opine on it and visit the quarantine facilities. We had to struggle in our give it to his colleagues so they can do it? Why? Be- Ministry, the DRRM [Disaster Risk Reduction and Mit- cause it is about making our country stronger. It was igation]. And this is not just me, the Minister; I had a about making our country better. dedicated team working with the Ministry of Health to I have stood at account for my mistake. And I establish a homeless shelter under the leadership of have been defrocked, and I have lost a Ministry of the Attorney General. And I would visit the homeless which I had given my all for. But this will not be the shelter three and four times every week to make sure last! I will continue to work on behalf of the people of that our homeless people were there. this country. I love my country. And I will do everything At the zenith of this, Mr. Speaker, I was an- in my power to make and to reclaim a position of swering 300 emails a day, over 400 WhatsApp mes- prominence in this country to let the people to know sages, over 100 calls a day, meetings with the clergy, that to whom much is given much is required. And I meetings with restaurant groups, meeting with the understand that. And I am a man, and when I make a business groups, visiting troops at the vehicle check- mistake I will acknowledge that. But you must tell the points both night and day to make sure that things whole story. I will be always willing to give an honest were adequately done. All whilst making sure my con- account of everything that happened. stituency, constituency 14, was taken care of. With the And I will say this: I would never do anything donations and help of others, we took over $10,000 illegal, anything untoward for anyone to get any ap- worth of food and supplies, giving them out on a bi- proval in this Government. Mr. Speaker, my Ministry weekly basis throughout our constituency, making had over 1,000 requests for exemption from churches, sure that our people were covered for the COVID-19 from schools, from businesses, from every entity in period. this country. Do you think I would just do it for a col- All whilst dealing with two murders and stab- league? That it is something that you just make up? bings and a soldier being knocked down, being at the So what happened when they were trying to have a Bermuda House of Assembly 4532 17 July 2020 Official Hansard Report funeral and there were five people, and the mother The Speaker: Thank you, Honourable Member. cried and said it was seven brothers and sisters? Do Does any other Member wish to speak? you think that we did not try to work with them to try to make it possible? This was a situation that we never Mr. Rolfe Commissiong: Mr. Speaker. saw before. Or when a person said that they had to get to work at night, and they needed a taxi or they The Speaker: That sounds like Mr. Commissiong. cannot go in the taxi? No. We made exemptions. And we made the rules so that this country could still sur- Mr. Rolfe Commissiong: Yes, it is, sir. vive. A story is: There was an opportunity, the law The Speaker: Go ahead, Mr. Commissiong. was that there were gatherings that should, could be allowed for more than 50 people, and there was a Mr. Rolfe Commissiong: Mr. Speaker, I want to process for that. The authority under the COVID-19 thank you for acknowledging me. legislation was given to the Minister of National Secu- rity and based on the advice of the Minister of Health. The Speaker: Turn your video on, Mr. Commissiong. But it was the Minister’s decision. And I stand by the decision. I will be transparent with everything. There is Mr. Rolfe Commissiong: Yes, sir. nothing to hide. I believe that this is an opportunity for Mr. Speaker, I want to thank you for acknowl- me as a man to learn from this, Mr. Speaker. But I edging me. It is not easy to hear what we heard from want this country to understand we had a team, the the former Minister Caines. He comes from a family Disaster Risk Reduction and Mitigation Team, that who has always been involved in public service and a went through the application. A thousand applications family who have a deep and abiding involvement in had come to me directly. We had a team that vetted our community. The same applies to Zane De Silva. the application. And when something for the Minister He and his wife have done well personally. But Zane to opine on, it will come to me and I would make a has never forgotten where he came from. And he has decision. But it was my decision. It was my decision. made major unsung contributions to Bermudian and When it came to the Black Lives Matter particularly Black life. Zane De Silva always felt and march, and tons of people told me that should not knew that Black life did matter long before that slogan happen, I was advised by men that the march should began to resonate around the world. not go on because of the health risk. It was my deci- I believe that both of those men have so much sion, and I took the bitter with the sweet for that. I had more to contribute. But I take great issue with any at- to make the decision oftentimes whether planes came tempt to demonise them for a mistake, and in the con- or planes did not come, whether people went to fu- text of this pandemic, a serious mistake that they both nerals or they did not go to funerals. I made those de- made. They fell on their swords. But I am confident, cisions! I had the sword of Damocles in my hand. And as expressed by the speaker who just (as we would I stood in response. I stood and held that as a sacred say) took his seat, that there is a lot more that both of trust of the people of this country. Someone would try those two men will be contributing to not only this to [combine] over 1,500 exemptions into one decision Government, but more importantly Bermuda over the and try to juxtapose their views for political gain to succeeding years and decades. make it seem as if I just carried this out willy-nilly. That Mr. Speaker, time in a Western sense over is not right. We have a responsibility. And guess the course of centuries, millennia, is divided into BC, what? I will say it again. I have paid the responsibility. before Christ, and AD, after death . I have that a little But I am no longer the Minister of National off, but again I am open to anybody who wishes to Security. And I will say this, Mr. Speaker: Minister correct me. Renee Ming will have my full cooperation. She is a phenomenal leader, and she is a fit and proper person Hon. Michael J. Scott: Anno domini. to be the Minister of National Security. I will do every- thing in my power to further the agenda of this Gov- Mr. Rolfe Commissiong: Yes, that is the Latin. Yes, I ernment. I will work in accordance with the rules and am aware of that, MP. And thank you for that. I was by-laws of the Progressive Labour Party. I will stand just translating it into English. shoulder to shoulder with the Honourable David Burt to continue to fight for the rule, for everything that is PLP THIRD-YEAR ANNIVERSARY right in this country. th I will stand up. I will stand up and say when I Mr. Rolfe Commissiong: But July 18 , which is to- made a mistake. But there is much work to do. morrow, which marks the third anniversary of the PLP The woods, the cold, the dark and deep, plac- Government’s victory, seems like 1,000 years away es to go and promises to keep—many miles to go be- now. It seems so long ago. And there is one reason fore I can sleep. why I think I can make that assertion with some confi- Thank you, Mr. Speaker. dence. It is because the epochal change that occurred Bermuda House of Assembly Official Hansard Report 17 July 2020 4533

with the onset of the novel coronavirus, now technical- muda in various spheres of our life, including right ly known as COVID-19, and the economic pandemic here. Some of us would have thought that . . . or some which it spawned. I believe that this is why July 18th, would have thought, I assume, with what I can deter- 2017, seems so, so long ago already. BC and AD. mine is the first phase of this, which was the viral The fact that the PLP Government came into pandemic itself, we were all happy to take slaps on power on a wave . . . I am not going to say unprece- the back because we had weathered, apparently, the dented wave, but a major wave the likes of which we storm. The storm is still here! It has abated in Bermu- have not seen in Bermuda probably since 1998. There da, but it has not gone away. probably were some comparable waves, but this cer- Neither has it gone away globally. Look at tainly is up there in the top three in terms of elections. what is happening in the US and some other countries Because people were tired. People were tired of aus- around the world. And as long as the virus keeps its terity, particularly persons who had been struggling for malevolent embrace of human beings around the some time since the great recession of 2008. They world, the economic pandemic that it has spawned will were enthusiastic and optimistic again about the fu- only deepen and worsen. Look at the challenge right ture because of the campaign that the Progressive now before the Government in terms of the growing Labour Party had run under our Leader, now Premier debt burden precipitated by the economic pandemic. David Burt. We heard of the Herculean efforts (my word) that the Brother Christopher Famous here, the MP Finance Minister is now involved in. Debt of over $3 from Devonshire, outlined quite well the various prom- billion, reaching a threshold that in and of itself will ises and achievements that we have been able to ac- present a significant challenge for Bermuda. complish since that time. But the economic pandemic So this is the AD that we are heading into. Life that has been spawned by the viral one presents us will not be the same for some time. Mr. Hayward with significant challenges that we will be wrestling talked about the thousands who are still laid with probably for over the next three to five years, off/unemployed. What will happen with many of the perhaps even beyond that. It is not that some of these foreign workers? What about the unemployment in- challenges are new. No! Many of them are not. As surance scheme? Will it be there when people need it, many writers and thinkers and philosophers and politi- as they will as we move forward here? I know we want cal scientists have said over the last few months, it is to have rosy and optimistic pictures. But I believe that not that COVID-19 produced these new challenges, when we are in a crisis, false optimism will only pro- which they are not new, as I said. It has caused the duce what I call political malpractice. And so we need old challenges that have bedevilled us, whether it is to understand that, as political leaders of this country, income inequality, whether it is issues of racism—I we have the type of challenge before us that will test can go right down the line. It has accelerated them, all of us, that will test this Government, the Opposition making our need to address these challenges in warp and Bermudians all up and down this country. speed even more imperative. How are we going to re-engineer our econo- It is the same challenge! Great, growing eco- my? There is always this challenge about inward in- nomic insecurity, growing poverty in our midst. A hu- vestment; we keep hearing that. It has been a mantra manitarian crisis which has been exacerbated. Racial from successive governments, otherwise sometimes inequality, racial animus—we see it happening all articulated as diversifying our economy. We know that around, particularly in the Western world in ways that that has been very tough to achieve not just for this we have not seen in such a blatant, open way for Government, but for previous Governments. I have decades. You have the President of the United States my own thoughts on what has contributed to that. But making the sort of racist comments publicly that no even when we talk about FinTech, FinTech did not president has dared to utter for probably––at least represent a diversification of the economy. And we since the early part of the 20th century. That is the have yet to get it really moving in the direction that we world we live in. anticipated it would. It would just be an expansion in We have seen a reordering of the geopolitical terms of financial services—insurance, banking, risk landscape, from Asia to the West, the subtle globali- management, FinTech, insurance-linked securities. sation that we knew—even that is being reordered as Will it provide the sort of jobs for Mr. and Mrs. we speak. So what will be Bermuda’s role moving Bermuda that we need right now? Do not get me forward, BC and AD? This is the challenge before this wrong; I would love to see it take off. But that is where Government and this political class. we are at right now. We are at a significant crossroads So we need to sober up here. I contend that in this country. It is going to take us to be resilient. It is the economic pandemic is one in which we are going going to take our natural Bermudian, I heard Michael to be embroiled in for some time. I do not even think Scott use the words “native genius.” And we have it we have gotten to the depth of it as yet. Let us see too, in Bermuda, our own native genius—that is how what it is going to be like after Cup Match, now can- we have gotten through these last 200, 300, 400 celled. So from August to December, this will test the years, both Black and white—to innovate around this resilience, the vision of leaders all up and down Ber- challenge and to look with a cold eye at the changes Bermuda House of Assembly 4534 17 July 2020 Official Hansard Report that are occurring in the world globally, and then trim Mr. Speaker, I would first like to start off by our sails accordingly. picking up where our first speaker, Minister Burch, left So, Mr. Speaker, I hope that all your listeners off in just recognising those Bermudians who have out there and my colleagues here, as I wind up, are in contributed in such a positive manner. And I thought a sober mind for what lies ahead. It is not easy being about how . . . (Member, your microphone is not mut- the Leader of this country in this sort of environment. I ed.) can imagine the nights that the Leader of this country, the Premier, the Honourable David Burt, spends con- [Feedback] templating how he can engineer things (to use that word again) to help Bermudians who are hurting right Mr. W. Lawrence Scott: I would just like to talk about now. I talked too, Mr. Speaker, on a personal note. I those Bermudians who have contributed a lot. But was in a store today in one of the supermarkets up in also I think that I would like to sort of take up also Warwick. This man, whom I do not know, but whom I where, and start to answer a question that the Opposi- do know, if you get my point . . . You know, you look tion Deputy Leader asked. She asked the question at his face, you know, If I don’t know you, I know your earlier today and on the news, Are you happier today brother or your sister or your grandpa. It is one of than you were three years ago? And according to the those faces. We all know who we are. poll, 8 out of 10 people say yes. Because there is an And he spoke about this great challenge, the 87 per cent approval rating for the PLP Government. increase in the cost of having his mother in a rest And those two people [out of the ten] may home. I think its fees have gone up by $700 over this wonder why do people feel as though they are happier proceeding period. And he is really feeling insecure today? They might look at the debt and the increasing and vulnerable about his mother and about the finan- debt ceiling. They might look at unemployment num- cial burden. And let me tell you something. That is the bers. They might look at things like that. other thing. See, all of this is occurring at a time when But what I would say to them is that money Bermuda’s population is ageing. We are an old popu- cannot buy happiness. What I will say is that you can- lation. The median age now is 44-point-something not judge a community; you cannot judge a country years of age. We are in demographic winter. Already solely off of economics. And the reason why I will say we probably have 20 per cent of our population who that right now is because I will go to what I call the are above 60 or 65 (I forget which one). I am pretty great equaliser, and that is the COVID-19. But before I sure we are at that threshold now. That has its own do, please stick a pin in that COVID-19, Mr. Speaker, implications as we continue to move forward here. But because prior to COVID-19 . . . and I will speak to a we can multiply his story by hundreds. subject that I am pretty familiar with, which is tourism Our social cohesion, these are the things that and transport. Prior to COVID-19, Mr. Speaker, this are going to help bind us and keep us moving forward. Government created a summer entrepreneurship pro- But at the same time, there are forces to weaken it. gramme for Bermudian youth that helped cultivate and There are no easy answers. And I want to just say, encourage entrepreneurship, while creating an oppor- Mr. Speaker, that I still have confidence that this Gov- tunity for them to earn money over the summer. ernment, and with the ability of players on the Opposi- Prior to COVID-19, this PLP Government in- tion side, too, and them coming together as they have troduced a housekeeping training programme with the done occasionally to put the country’s interests first, hotels, with the Bermuda Hospitality Institute, with the we will continue to see us through. So I mean, that is Ministry of Workforce Development that protected en- the bit of optimism I think I can offer right now. I talked try-level positions for Bermudians. And in addition to about that native genius, and I think that we are going these protecting the entry-level positions for Bermudi- to have to lean heavily on that, on the spirit of our an- ans, it provided participants with international certifica- cestors, those who came before us, the great wisdom tion. Prior to COVID-19, this PLP Government put six that they gave to us, but also having that clear eye as new buses on the road. And there will be six addition- to not only what is happening here, but what is hap- al buses over the course of the summer. pening globally because therein lies our salvation. And, Mr. Speaker, and I will declare my inter- Thank you, Mr. Speaker. est before I go any further. I am an Airbnb owner. And I know that year over year my bookings in my Airbnb The Speaker: Thank you, Honourable Member. rentals increased every year over year. And in addi- I recognise the Government Whip next. tion to the increase, it meant that our tourism product Whip. was strengthening. That meant our air routes were strengthening. That means we were bringing in more PLP THIRD-YEAR ANNIVERSARY people. And actually under this PLP Government, you saw record numbers of vacation and visitor arrivals Mr. W. Lawrence Scott: Thank you very much, Mr. both by land and by—both by sea and by air. So Speaker. therefore, when you ask the question, Are you happier

Bermuda House of Assembly Official Hansard Report 17 July 2020 4535

today than you were three years ago?, the answer is We have outshone the United States. We yes. have outshone the UK. We have outshone China. We But remember that pin, Mr. Speaker. Remem- have outshone Singapore. Mr. Speaker, unfortunately, ber that pin about COVID-19, the great equaliser. And we lost some of our loved ones along the way. I, too, the reason I call it the great equaliser is that every lost a family member overseas in the United States. country was dealt the same hand. Every country was But we lost some here. I know that this hits each one dealt the virus, and every country had to come up with of us hard, because we are one people. We are one a plan, a solution, a way to handle [it] that worked best community. We are One Bermuda. Others have talked for their country. And if you look at Bermuda, once about Two Bermudas, but during this great equaliser, again we punched well above our weight. We are during the COVID-19, under Premier Burt’s admin- months, literally months ahead of the United States. istration, under the PLP Government leadership we We are months ahead of the UK. We are months became one. We looked out for each other. We took ahead of most other industrialised nations. And the care of each other. Unemployment may be high. Fi- thing is, do you know the difference between our suc- nancially, times may be hard. But we still have each cess and other outcomes? We had an opportunity to other because the PLP Government chose humanity choose. We had one of two choices. We could choose over the economy. between, on the onset of COVID-19, we could choose And now what are we doing, Mr. Speaker? between humanity or the economy. And this Govern- We are now striking a balance between humanity and ment chose humanity. the economy. We have reopened our borders, Mr. This grassroots-oriented Government chose Speaker, and people are starting to come back in. humanity. This grassroots-oriented Government gov- And do you know why Bermuda is coming back, peo- erns themselves by the wishes of the people. And the ple are starting to come back home? Because they wishes that we have are such an overwhelming man- know it is safe. And if you look at Maslow’s hierarchy date of 25 seats in this House, Mr. Speaker. So we of needs, Mr. Speaker, on the first level is the physio- chose humanity. We chose to bring our people back logical needs—air, water, food, shelter, sleep, cloth- home. We chose to put in the mitigating and suppres- ing. And we provided that when we looked after hu- sion measures to ensure that we maintained safety manity. But also what we provided when we looked amongst everybody else. And yes, Mr. Speaker, it after humanity was the safety need, which is the sec- cost money. And yes, Mr. Speaker, we are going to ond rung, which is personal security—employment, ask to raise the debt ceiling. But why are we asking to resources, health and property. raise the debt ceiling? Because the money that we So, Mr. Speaker, this is what happens when spent went directly into our people’s pockets. We did you provide people’s basic necessities, when you an unemployment benefit, Mr. Speaker, that helped treat each other as you would want to be treated, Mr. people during their times of need. Speaker, when you govern yourselves by the people Mr. Speaker, we took care of our people. We . . . and, Mr. Speaker, we were not always right. We made sure that they had the basic essentials that they made mistakes. But, Mr. Speaker, a mistake does not needed. There were food programmes that were go- a career break. Mr. Speaker, it is not the mistakes that ing around. And, Mr. Speaker, I think that if you can you made, it is how you handled those mistakes. It is look at and sum up the PLP Government’s, the last do you accept it? Yes, we accepted when we have three years of this PLP Government, you could sum it made those mistakes and we apologised, and we up in the same quote, in the same saying that we moved forward. And people appreciated that. have heard time and time again from the Minister of In uncharted times we have charted a path to Health. I wear a mask to protect you and you wear a success. And that is what you get when you put in a mask to protect me. That shows that we are looking PLP Government. That is what you get when you out for one another. That is the Bermuda that we all have the people that you have in Cabinet, when you know. That is the Bermuda that we all love and that is have the people that you have on the backbench and, the Bermuda that we are moving forward. And so, Mr. Speaker, what you have seen recently is that any yes, Deputy Opposition Leader, people do feel better. member in the PLP team at any time can take any They feel safer. They feel happier under this PLP role and go into any position and be successful. That Government. is what you get. And yes, when I go canvassing, and yes, So, once again, when it comes to the ques- when I talk, and when I make the phone calls, be- tion, Are you happier today than you were three years cause I was able to call every one of my constitu- ago? The answer is yes, even though three years ago ents—did not get a hold of each one of them, but I we could not think of being any happier. My, my, my, called every household—and they said that they could Mr. Speaker, how we pushed the envelope to go to not envision anybody else, any other party, doing any- broader horizons. thing better than what the PLP has done during this And, Mr. Speaker, I know that I may not be pandemic. And this pandemic is the great equaliser. the youngest in this House, but I remember when Ronald Reagan ran for presidency—or at least I Bermuda House of Assembly 4536 17 July 2020 Official Hansard Report learned about it. And they were going through eco- with integrity, with honesty. And anybody—anybody— nomic hardships in the US, and the thing that Ronald that tries to tell you differently is just hating. Reagan said that (even though the days were not Give credit where credit is due. This Govern- there) happy days are here again. And, Mr. Speaker, ment has seen us through. This Premier has seen us yes, times are hard right now, but happy days are through the toughest times in recent memory. Not here again. They will be coming, because, Mr. Speak- since the Spanish flu has the world seen an epidemic er, with a PLP Government we keep our eyes on the or pandemic like this. And look how almost seamless- prize, our face pointing towards the light because ly we made it through. And that is because we were when your face points towards the light, the shadows guided. Not because we thought we were the bright- can only fall behind you. est people in the room, not because we thought we So, Mr. Speaker, this is what you get with the have all the answers, but because we listened to the PLP Government. This is in three years. And yes, the people, we took their ideas and took their vision and proof is in the pudding. We do not have to make put it into fruition. And that is what this third-year anni- promises because we have results. We have people versary means to me. That is what I hope this three- in education that will not be denied furthering tertiary year anniversary means, stands for, and symbolises education due to a lack of being able to pay. We have for the country. people who were unemployed and were taken care of. Thank you, Mr. Speaker. We are now allowing members to dip into their pen- sions to be able to take care of the needs of today. The Speaker: Thank you, Honourable Member. Just like that commercial says, It’s your money, you Does any other Honourable Member wish to use it when you need it. And that is what we are do- speak? ing. We are taking what we have learned since 1963, being a party of the people—of the people, for the Hon. Michael J. Scott: Mr. Speaker, I would like to— people, by the people. Michael Scott. Mr. Speaker, I am going to show my age. An- ybody that tries to throw shade, Mr. Speaker, miss me The Speaker: Honourable Member Scott, you have with that, Mr. Speaker. Anybody who tries to say that the floor. we are not doing what we are supposed to be doing, Mr. Speaker, they can miss me with that as well. So, Hon. Michael J. Scott: Thank you, Mr. Speaker. It is Mr. Speaker, I think that it goes without saying that good to be coming from Somerset. I gather you are many hands make light work. And I think that if the still in your Chambers in this sitting. PLP has any criticism, if there is anything that you could, sort of, fault us on, Mr. Speaker, is that we The Speaker: Yes, in the Chambers. made running this country look easy. We made it look seamless. Why? Because we are out amongst the BLACK LIVES MATTER people. We took what we heard on your doorstep, we Hon. Michael J. Scott: Your constituency, as you took what we heard over the phone when we called know, borders mine. you during the COVID-19. When everyone was on Mr. Speaker, my remarks tonight. . . I begin by lockdown PLP MPs were calling their people and ask- acknowledging that a great deal of political, social and ing them what they needed—delivering food to their human events have been crammed into our lives late- house, turning their houses into food programmes, ly. I think most of us would agree. I recall at the be- into bases for the food deliveries. From Somerset to ginning of the Government’s call to respond, to man- St. George’s and everywhere in between, we made age COVID-19, the Premier in one of his earliest sure that nobody went hungry and we made sure that press conferences said it was like drinking water from people had the necessities that they needed. That is the fire hose. what you get with the PLP. That is what you get every So, what comes shining through is that the single time. Government has been equal to the task of these very So, Mr. Speaker, I go back to where I started heavy and considerable events. I want to as I close. Minister Burch spoke about recognising acknowledge and congratulate the Party Whip, the and standing up for those Bermudians who have con- honourable [W. Lawrence] Scott for that very fine tributed positively, who have had worthy contributions. presentation and speech. It is interesting, the im- And I cannot name every single person, but I can portant details that it gives about the Government’s name a team. Each one of them has made worthy current high standing in the public real this day and contributions. And that is the PLP team that sits up how wonderful it is that it is an approval rating that is here in the House. That is the PLP team that you see on the anniversary that we celebrate tomorrow of our week in and week out making sure that the people’s election. These high standings obviously have begun business is done, done correctly, with transparency, to inform what we saw happen earlier which required you, Mr. Speaker, to try and settle down the House Bermuda House of Assembly Official Hansard Report 17 July 2020 4537

when Michael Dunkley—the Honourable Member, Silva, for their tireless indefatigable work throughout former Premier—sought to tarnish, as Opposition this period that I began with at the opening of my re- speakers and speeches will seek to do. But it is diffi- marks, these gathering events which caused us, led cult. But it did produce and hit nerves. by Premier Burt, to be equal to the task. And so, it is Mr. Speaker, for myself, may I say that of my important to thank the former Ministers, in their critical thoughts even before shaping the remarks for this role that they had in National Security and the critical evening for the House have been shaped and filtered role of Tourism and Transport. through the crucible of the incredible cosmic image But I know that my colleague and friend the that affected us all, but in particular Black people of Minister of Health, [the Honourable] Kim Wilson, must the world, of a white police officer’s knee on the neck be thanked, and the technical scientists who informed of George Floyd, a Black man, there held until that the chief medical officers and the epidemiologists. man, that Black man, George Floyd, died. It has This is the time to say thank you to Minister Wilson seared itself into the psyche of us all. and to Minister De Silva who night after night showed And so all remarks, all speeches, certainly that the Government of this country was rising to the mine tonight, are through the crucible of the Black occasion and has been equal to the task and as [has Lives Matter emblem that arose out of that incredible already been duly] noted, has resulted in the Govern- image that really was cosmic, because it touched us. ment having extremely high standing. But Black Lives Matter is a neat and succinct concept It is important that I also acknowledge and made all the more neat and succinct, Mr. Speaker, offer the sympathies of myself and all Members of this because of the outpouring of the recognition amongst House to the members of our community here who Blacks here in this country that our lives do matter. have lost lives of loved ones. The number rose to That really is the focus of my discussion tonight. Black (hopefully I am getting the number nine right) nine lives do matter. It is a concept, may I commend to the tragic losses that have saddened Bermuda families. House, Mr. Speaker, that ought not to be allowed to But the fact remains that other countries are dealing slide [back] into disparity or memories and dig the with COVID deaths in the hundreds and thousands memories back up. And, may I say, that this danger of and tens of thousands. My heart goes out to those these cosmic realisations and awareness of Black families. Lives Matter is at risk of just sliding away and there But the reason that this Island’s leadership is are people seeking––and Colonel Burch referred to enjoying, on every occasion that I have talked with this in his opening [remarks]––Colonel Burch has be- people in the Island, the high standing that we have is gun to document. But it is being documented. because we have kept Bermuda safe, and the rela- Mr. Speaker, I watched the news where there tively low number of deaths and infections have been are other examples. There is a risk that there is an remarkable, Mr. Speaker. So, my thanks and hats off attempt to belittle this cosmic movement of Black to my collegiate leadership from the Premier, to the Lives Matter with the Mayor of Chicago. The Mayor of Ministers of Health and National Security, the former Chicago was denigrated by the President’s press sec- Minister of National Security, Minister [Caines], and retary, being described as a derelict mayor. (The now the torch is handed on to most capable and able name will come to me) And then we have the Gover- hands. nor of Georgia suing personally Mayor Lance Bot- Mr. Speaker, but what does this all mean, this toms—two women being attacked. So, the game is neat concept that I state and refer to must not be al- on. lowed to just slide away. What is the significance of Colonel Burch documented the ridiculous, these? I can tell you this. It has caused a look-back at unnecessary slights against Dr. Carika Weldon. So, I history by people in America looking back at past ra- join Colonel Burch and the Government in thanking cial injustices. And so, that really is what was happen- Dr. Weldon for her service to our country. [INAUDI- ing tonight. An acknowledgement—this cosmic BLE] in his speech. It is [INAUDIBLE] taking the op- acknowledgement by Blacks—that is reinforced in all portunity now because I was touched by the presenta- of our hearts that we must be empowered and we tion and speech by the former Minister of National must not be second-class citizens in our country. It Security Wayne Caines. But I wanted to congratulate has caused us to reflect back, and that is what hap- the newly appointed Minister of National Security, pened this evening. And we should not be prevented Minister Renee Ming, and the newly appointed Minis- from looking back because it is as native and natural ter of Transport, Mr. Neville Tyrrell. I know that they for us to be doing so in the context of the Black Lives will do yeoman service. We are so pleased about the [Matter] movement phenomenon. fact that a woman holds this vital function and respon- Mr. Speaker, the question I asked is, So what sibility of security for our nation. does it all mean? And what is the proper response? In doing so, I also want to thank for their ser- And with your permission, I will read the response of vice, their yeoman service, Minister of National Secu- one respondent who was caught up equally in the rity [the Honourable] Wayne Caines and Minister of Black Lives Matter consciousness. Transport and Tourism the Honourable Zane J. S. De Bermuda House of Assembly 4538 17 July 2020 Official Hansard Report

I refer to the answer given by Mr. Edward En- continued bad policing as we saw in the United States ninful (for the Hansard that is E-n-n-i-n-f-u-l). Edward with a knee on a man’s neck [causing] his death. So, Enninful, OBE, British Vogue editor[-in-chief], the first we are talking about death, are we not? That was one British Vogue editor[-in-chief]—Black editor[-in- of the consequences of George Floyd’s untimely chief]—of that publication. Here is what he said about death. four or five days ago as he encountered a treatment Mr. Speaker, Julian Ernest Sinclair Phillips as he was going into his place of work. He said, with Hall is dead. He died of chemical natural causes. He your permission, Mr. Speaker, 3“‘Today, I was racially was not a candidate of some homicide. Reverend Vin- profiled by a security guard whilst entering my work- ton Monk, an AME Minister, is dead. Again, Mr. place. I was instructed to use the loading bay. . . . Just Speaker, his death was clinically natural. Dr. Ewart F. because our timelines and weekends are returning to Brown (the “F” I believe is for Frederick) is alive, I am normal, we cannot let the world return to how it was. glad to say. But what is taking place in his life as a Change needs to happen now.’” Black male leader of this country (and I mentioned too I am grateful for that encapsulation by the edi- about Dr. Brown, Mr. Julian Hall and Reverend Monk). tor[-in-chief] of British Vogue, Mr. Edward Enninful. Dr. Brown, a Black male leader, in this country is a Because when I asked the question, What is our re- case study of the Black problem in our country. sponse? I ask all Members of this House to continue James Baldwin, the outstanding American to not lose the focus of this awareness and con- author, conceptualised the American hope, the Ameri- sciousness arising out of the Black Lives Matter can law. And it is in this context that I cite this issue of movement. the Black problem in this country of attacks on Black Throughout our recent history, we have, have male leadership. Julian Hall was not taken out by we not, failed to educate our children, our kids, in pub- some assailant, Mr. Speaker. But the country tried, at lic and private education about these kinds of histories the height of Mr. Hall’s political and economic [ac- that Mr. Enninful has just remarked upon and com- complishments] as he operated on the fifth floor of the mented upon. We must, in my opinion, in both private Emporium Building near the City of Hamilton, Front schools and public schools, beyond civics classes, Street, where he worked. give important history and awareness to our kids on The Bermuda Police swept into his residence, slavery, on white supremacy, which is the system of Mr. Speaker, yanked his confidential phone files and white male domination attitudes, and how this white that event was widely serialised in the media of the supremacy plays out and is applied, and has been day. We saw that similar kind of tactic of files being applied historically looking back, as I say, Mr. Speak- taken out of the office of a medical practice. This is a er, in our history. modus operandi tactic which was, again, widely serial- Nor have we taught our children, or ourselves, ised in the media. These are the tactics of attacks on as leaders, or ourselves as adults, about Anglo- Black male leadership. Beware— conformity, a concept neither that I reserve for the last trilogy of failures of this country and successive Gov- The Speaker: MP, your last minute. ernments in educating our children, our kids, adults and even our leadership, because this education pro- Hon. Michael J. Scott: I will pick this up in the next cess on these chosen three principles tonight, three and final session. ideas: slavery, white supremacy, its application and Thank you, Mr. Speaker. how it has been applied, why it is causing monuments and statues to be torn down of white slave owners The Speaker: Thank you. Does any other Member and slave runners in Britain, and statues all across the wish to speak? United States. It is causing the country’s citizens— Black and white—to have a new cosmic awareness Mr. Hubert (Kim) E. Swan: Mr. Speaker. about and recognition that Black Lives do Matter, and Black lives have been given the most rawest of deals The Speaker: Yes, Mr. Swan? I hear you, I did not in terms of racial injustice causing us to look back. see you, but— And education will play a role in removing stereotypes and making our children better citizens so that we Mr. Hubert (Kim) E. Swan: Yes, I just activated my— avoid, going forward, as Edward Enninful indicates, so that as we go forward the change needs to be hap- The Speaker: Mr. Swan, you have your 20 minutes. pening as we go forward. Mr. Speaker, why are we examining, and what PLP THIRD-YEAR ANNIVERSARY are we examining here? What are the consequences of our not following and keeping alive as a burning Mr. Hubert (Kim) E. Swan: Thank you, Mr. Speaker. bright thing the awareness of avoiding that image of Mr. Speaker, as we take this opportunity to- night to reflect on the third anniversary of our PLP vic- tory in 2017, I want to take the opportunity first to pay 3 The New York Times 16 July 2020 Bermuda House of Assembly Official Hansard Report 17 July 2020 4539

homage to one person who was embraced that night, calls into question many things that people refused to along with myself, who is no longer with us. That per- speak about when it related to December 2nd. son of course, Mr. Speaker, is the late Walton Brown. May Walton Brown rest in peace, and may Mr. Speaker, one would have thought that Mr. those that have plenty to say about everything else Walton Brown was a man 10 years his senior the way find the courage within their own heart to tell us the he carried himself. He was an academic. He fought for truth about what truly happened on that fateful day. social justice. He was a young man when he passed Mr. Speaker, as we look at this anniversary, on, and as we reflect on that period I want to offer my the late MP Walton Brown’s cousin, Dr. Ewart Brown, condolences once again to his family and to his mom retired from politics 10 years ago, and since that time and to his children and to his close friends who I am he has been the subject of investigation. Ten years. I sure still mourn his passing. ask people to just reflect on that. That is the end of the Mr. Speaker, when I was called upon to chair Progressive Labour Party 2007 mandate, in 2012 the your committee and we had to put matters into context OBA’s tenure, and now three years into our anniver- in 2016, Immigration was an issue that was a hot po- sary. That is quite a long time for the money that we tato back then, during the One Bermuda Alliance’s have appropriated to the police to be spent advancing reign of protests. MP Ming (Minister Ming now) cata- that case. I will leave it there for tonight. logued some 30 various protests in the Island, be- Mr. Speaker, I am kind of excited that the Min- cause there was great disquiet in the Island. And we ister of Works and the Bermuda Land Development used the quote from our late fallen Member Walton Corporation invited MP Ming and myself to learn a Brown’s book. He was a political researcher and par- little bit more about the infrastructure project that will liamentarian. impact on our constituencies in particular. And it is Mr. Speaker, if I can I will just share an ex- music to my ears because certainly in 1998, when I cerpt from the report, your report. In his book, Bermu- was very much involved in the golf course here in St. da and the Struggle for Reform: Race, Politics and George’s, joining up the infrastructure between the St. Ideology, 1944 to 1998, he provides at least one his- George’s Corporation and turning that sewage into torical example of why there was such longstanding water that could be used for irrigation was something angst regarding immigration policies. that a gentleman by the name of Keith Claridge, an Mr. Brown detailed a racially structured immi- engineer, had shared with me. gration policy promoted by a now-defunct United And I was smiling to myself as now that par- Bermuda Party intended to ensure that all British sub- ticular project has grown to a more national scale. And jects living on the Island for at least three years were the Minister Colonel Burch, is leading the charge with given the vote and [they] made it possible via a sec- great enthusiasm and other members of more tech- tion included in the 1963 franchise legislation. There- nical [expertise] are now spearheading where that after, the Government of the day encouraged immi- sewage line will join up Southside, come through gration to the Island by British citizens in particular, Stokes Point, come down through Ferry Reach and census data from between 1950-1970 showed that connect up into St. George’s, tie into the hotel and be there was a significant increase in persons born out- of benefit to the whole parish of St. George’s and the side but living in Bermuda. And since more than half wider Bermuda by extension. of these individuals came from the British Common- And these are exciting times that are being wealth, after three years of residency in Bermuda, put forward in infrastructure initiatives that present they were entitled to vote. And it is worth noting that some other opportunities as we look at delving into while 15 per cent of those persons were Black, 83 [per and dealing with some of the narrow roads, some of cent] were white. the erosion that takes place in Bermuda, some of the That is the foundation which we often speak dangerous areas that we might have in Ferry Reach, to, that Bermuda has been built on, that [it was] the a dangerous corner near Shore Hills, Ferry Reach, a construct of people who are enjoying the benefits of dangerous corner right there at Rocky Park in Mullet the spoils [and] have the advantage that they have in Bay, erosion taking place, dangerous corner when this country. And it also speaks to why people felt it you go around past around 91 Mullet Bay Road to the necessary to protest and why our late Minister Walton bus stop right there bordering the park. Remember, Brown, a peaceful quiet man, encouraged persons to that area was once waterfront property and became speak up and let their voices be heard. landfilled so people who had waterfront property val- Of course, we know that those persons who ues, today it would have been far higher had that rec- would stand in this House and call for all types of lamation not taken place at that particular location. transparency were not transparent. They actually, Mr. That is a subject for another day. Speaker, given the opportunity, had not even spoken I want to celebrate the work of the St. to the fact that the former Deputy Speaker of this George’s Foundation, particularly the former Mayor House and a former Junior Minister of this House had Quinell Francis and Ms. Hayward-Chew and Mr. Peter given testimony, sworn testimony, to the police that Frith and their team who are looking at the parish. The former Minister Zane De Silva and I had many good Bermuda House of Assembly 4540 17 July 2020 Official Hansard Report sessions on the tourism and focus show. And I am I cannot forget Walter Eugene King, the first very sorry for the circumstances that led to him and golf professional. This June is the 50th anniversary of Minister Caines no longer being Ministers. No one can Walter King being the first Bermudian to win the new argue about the good work that they have done for integrated Bermuda Open Championship. Growing up Bermuda, and they certainly have paid the ultimate and winning three of them, I thought that this was the price politically for that. But they are very strong peo- only Bermuda. But thanks to Dr. Jeffrey Sammons ple and they will continue to make sterling service and from New York University, we found out that there I respect them for that. was a Bermuda Open only for whites for many, many But former Minister Zane De Silva would re- years that a St. Georgian by the name of Louis Rafael member the many times that I talked about the oppor- Corbin, a Black, did play in. tunity that presents itself with our forts in Bermuda. And so this 50th anniversary and Walter Eu- Martello Tower in Ferry Reach, Alexandra Battery to gene King winning the Bermuda Open the way he did the end, Gates Fort, even Harbour Radio on top of at the Belmont Manor Hotel in 1970 allowed him to Fort George, Whale Bay Battery—which I am very catapult himself into a position of leadership which familiar with up there at the Port Royal Golf Course— was not fashionable, and certainly was not the will of present an opportunity for us to invest money in that the board until he could prove that he had some cre- infrastructure to repurpose it maybe for tourism. Once dentials they did not realise he had. But that Walter revitalised––and the Foundation is doing a clean-up King would go on to become a Progressive Labour initiative there, and I applaud them for that––but we Party Member of Parliament from 1976 until 1980 in need to go beyond that and find ways to encourage the great parish of Hamilton Parish East—right there the type of cultural tourism to enjoy these spots. where the Honourable Deputy Speaker sits now. They are strategic to Bermuda as a defence And he knows a lot about Tucker’s Town be- mechanism, but they are also strategic in their beauty. cause he learned his trade there. And I look forward to And with the proper signage and the like, with having the opportunity when we can honour (this year, if we some local vendors that are there and tying in some have the PGA Bermuda Championship at Port Royal contracts that might allow the cleaning of that to come . . . it comes under the Premier . . . I look forward to in tandem with the opportunity to make a little money learning more about that) and we can celebrate Mr. in one’s community might be the type of partnership Walter Eugene King while he is still alive because he that will allow us up and down this country to utilise was the pied piper that inspired many young Bermu- these forts in a viable, [more] meaningful way in 2020 dians all across the spectrum. Myself, Dwayne Pear- than what we have seen over the last 30 or more man, Cornell Bean, the Darren Woodses and the Glen years with them. Simmonses would not be who we are or would not Mr. Speaker, whilst I also reflect on anniver- have made anything if it was not for the pied piper saries, it would be remiss of me not to mention an im- Walter Eugene King. A great athlete. County Cup portant anniversary of one of our major tourism prod- player for Bailey’s Bay Cricket Club. ucts. I make no bones about my trade as a golf pro- Mr. Speaker, we have to celebrate our history fessional, which I owe my life to. But Port Royal cele- and intertwine it with how we move forward. I think the brates 50 years this year of being a public golf course days are gone were we just celebrate those who were in Bermuda—one of the best public courses in the able to walk through the door. Minister Foggo and the world, I swear. I put my hand over heart and tell any- Department of Culture, the team there, Dr. Kim Dis- one that as I had the opportunity (thanks to the Hon- mont Robinson, their new Director, and the team there ourable Zane De Silva and P.H. (Patrick) Horgan, III) at Culture are now delving back into that period of the last year hitting the first ball to celebrate those people forgotten heroes. I mean, you cannot go any further whose shoulders I stand on. We need to recognise back than . . . well, you can, but the most significant the import of that. that we are capturing now is Mary Prince. People from St. George’s—former banker I certainly feel that as we approach the Cup Reginald Tucker was the first chairman. Mr. George Match (that we will not be able to play), the legacy of Wardman was very intricately involved with the our forefathers that formulated Cup Match did not de- agronomy, Mr. Eric Parker, Mr. Hubert Smith, these velop Cup Match for us to just wind down and spend a gentleman (and others) were very much . . . Dr. I.W. whole pile of money without recognising and remem- Hughes, Walwyn Hughes, very much involved in the bering their contribution. I kind of think COVID has development way back then. The late Ralph Marshall, done us a favour in this regard where we can certainly Reginald Burrows, an MP who loved golf and lent his get back to some basics and appreciate the sacrifices support from the other side at the time . . . very much that our forefathers had to make back then in those involved, and Honourable Stanley Lowe’s family, very days. Yes, that is what we have got to do. We got to much golfers as well. So there was great feeling and do all we can to take this opportunity to teach our empathy for that initiative that did great work to help young people the real truth. It will make Bermuda bet- move Bermuda forward at a very difficult time. ter, and we cannot afford to sugar coat things any fur- ther. That has not gotten us anywhere. Our basic diet Bermuda House of Assembly Official Hansard Report 17 July 2020 4541

of just let us hold hands and forget about what hap- and privilege to be a part of this great team over the pened because it is working for me, Jack, that is not last three years and I look forward to us going from going to do us any good going forward, Mr. Speaker. strength to strength with the help of the good people So tonight I took the opportunity to give of Bermuda, Mr. Speaker. thanks for an initiative that was developed back in the Thank you. late ’60s and I feel it has done some good. But I think the time has come to pay homage to those heroes as The Speaker: Thank you, Honourable Member. Does we mentioned in an earlier debate today and recog- any other Honourable Member wish to speak? nise the 50th anniversary of Port Royal and Walter Eugene King at the same time. Mrs. Tinee Furbert: Good evening, Mr. Speaker. Mr. Speaker, the Opposition will look for op- portunities to try to tickle the Government up and get The Speaker: Good evening, MP Furbert. How are people exercised. I guess that is what they are sup- you? You have your 20 minutes. posed to do. But the irony of it is that during their ten- ure they did all the tickling up themselves. They were Mrs. Tinee Furbert: I am fine, thank you. I am sure I the masters of their own misfortunes by the way they will not use my whole 20 minutes. treated Bermudians, the way they treated Bermudi- ans, as the Honourable Member Mr. Michael Scott The Speaker: Okay. was reflecting on, the most unfortunate circumstances that led to the death of not only George Floyd but THANKING ESSENTIAL WORKINGS DURING THE many in the United States. The OBA held their knee COVID-19 PANDEMIC on the necks of Bermudians during that “I know best” period. [They] force-fed the Bermuda people their ca- Mrs. Tinee Furbert: Many of our colleagues this bal. The Bermuda people said there is no way. evening have highlighted the great works and the And they took us back a long, long way. They great amazing people that we have in our country, were running around saying, Are you better off eco- people who are highly qualified, doing some great nomically? But do you know what? Through no fault of works for our country. the Progressive Labour Party, in 2008, when I was not I am told this evening that the essential work- a member of the Progressive Labour Party, this coun- ers and healthcare workers down at the airport are try had a recession. There were people who were doing an amazing job. So we just want to highlight quite skilled at convincing many people that that re- those essential workers and healthcare workers and cession was PLP made. But the truth is that it was even our summer students who are down there giving not. their best effort to protect the people of our country. The truth is that companies like XL’s stock So, again, a great feat. Thank you to them. went down the tubes. It had nothing to do with the This evening as we highlight Dr. Carika Wel- PLP. The truth is that Madoff was running around the don, there are so many other people that we can also world and [Stanford] was running around the world. highlight. And one of those persons I also want to The truth is that decisions were made in bring to the forefront is Dr. Amne Foggo[-Osseyran] boardrooms that caused a domino effect on econo- who has fought hard to [AUDIO SILENCE] and, you mies that had a negative impact on Bermuda. And the know, Amne, she has done a fantastic job in also truth is that in the beginning of 2020 and at the end of helping us through this COVID-19 period. You visit 2019 a pandemic hit the world. And with a country as Berkeley Institute and you see her name plastered up small as Bermuda, any missteps could have led to on that wall. So we always must give due for our peo- catastrophe. And this Progressive Labour Party Gov- ple and recognise them—particularly in difficult times ernment led by the youngest Premier in Bermuda’s like this. history, with the help of all his Ministers, two of which But like I said, there are many people who are are now backbenchers like me, navigated us through assisting us through this COVID-19 period and while I some very treacherous waters—life and death mat- cannot call them all by name, I want to say thank you. ters. And I am sure this Government will continue to say Not since World War II have persons seen thank you for the efforts and time and dedication that such devastation. And not since 1919 has the world you are giving to the people of our country. seen a pandemic as potentially devastating as what is I did not get to give my congratulations to MP still ravaging the United States today, [but] we have Tyrrell and MP Renee Ming earlier, now Ministers. got protocols in place, put in place by the teams in People may recall MP Renee Ming in her motion to Bermuda, [by] the good work by Dr. Carika Weldon adjourn, I believe it was last week, speaking about and others in Bermuda. It has caused Bermuda to be how she was unapologetically ambitious, unapologeti- a shining example for the world. cally Black and unapologetically a woman. And now Mr. Speaker, I close by saying that we have today she can say she is unapologetically the Minister much to be thankful for, and it has been my honour of National Security. And I believe she would be the Bermuda House of Assembly 4542 17 July 2020 Official Hansard Report first woman to be Minister of National Security. So, I and for change. And it is known that puberty may just want to congratulate them. We are still not out probably end between the ages of 15 and 17. And so, We are still not out of this pandemic. We are it is still a period where young girls are experiencing still not out of many issues. So we still have a long growth. And so, they may not make all the right deci- way to go and will continue to have a long way to go sions, because they are still children and they are still to fight for issues that our people face. You know, learning. even though we are going through these COVID-19 But I wanted to bring up, or just share . . . and, times, there are still issues that many Bermudians please, I am no expert in this area, but I did do devel- face. And COVID-19 just highlights them and [ampli- opmental studies as part of my profession as an oc- fies] them. But we as a Government are still continu- cupational therapist. So I do know about development. ing to work on behalf of the people and that is what We must recognise that there is a reason why we pro- we were voted [in] here to do. tect children under the age of 18 because they are still Last week while I was in Hamilton, I came developing physically. They are still developing cogni- across someone and she said, Oh, I heard you on the tively. They are still developing with their language radio. And I said, Are you listening? You would be and their social/emotional development. They are still surprised who actually listens. And as representatives developing. When it comes to even their cognition, of our constituencies, people want to hear us speak they are still trying to understand people. They are still on their behalf. They want to hear us represent them. trying to think about intention. They might still be try- So I have no shame in having the ability and taking ing to figure out this popularity thing and even how to the time to be able to speak on behalf of our people enter a group and behave and socialise in a group. as we were voted in to be able to do so, to represent And I believe some adults still even have issues with them and to make legislation. this. So, imagine a child who is still growing and learn- But I do want to bring up a topic this evening ing. that could be quite uncomfortable for some. But I still They are still dealing with something called think that it is relevant to bring up. I know it is late, but moral reasoning. Twelve-year olds are still demon- I still think it is relevant to bring up. strating—or beginning to demonstrate—moral reason- ing and thinking. And then there is this concept of hav- SAFEGUARDING CHILDREN FROM ing a theatre in your mind where children imagine SEX PREDATORS things. I bring this issue up because there was a Mrs. Tinee Furbert: On 13 July, there was a cam- case, and I can speak about it because the case has paign which was put out there by the Coalition for the ended, in regard to luring and not knowing the age of Protection of Children. And it spoke to protect our persons or persons participated in underage sexual girls. And many of us have children in our lives, boys activities. It is important for our community to recog- and girls—children—in our lives. But this particular nise and continue with the conversations in regard to campaign spoke to protecting our girls, and particular- what is a child. And we must continue to protect our ly recognising that 13-year olds are still children. children. And parents, you must continue to teach There was a recent article in the paper that spoke to your boys and girls what is the law so that we can pro- . . . there was an interchange between what a child tect them. We can protect them from trauma. We can was and what a young woman was. And according to protect them from things that they do not have to go our Children Act, it says that a child is a person who is through and things that they, you know, do not have to under the age of 18, or up to the age of 18. try to process or cope with or understand, things that We must continue to protect all of our chil- they are not ready for such as underage sex. dren. And as legislators we recognise that we have to I recently had a conversation with Dr. Saadia continue to protect our boys and our girls who are Bean of the Family Intimacy Centre. She spoke about children. So we have put into place Acts and legisla- how if we are not giving or not pouring into our chil- tion to protect our children. I believe we tabled some- dren these 10 principles, then they will try to seek it thing this evening that also will focus on the protection elsewhere. And while I am talking about it in regard to of our children. But we also, under the Legal Affairs sexual activities that underage people may find them- umbrella, we amended the law to permit the naming of selves participating in, this actually goes for anything. sex offenders in regards to particular sexual offenses. We must, as families and parents, continue to show And that is something huge that we should be proud our children acceptance, show our children affection, of as a Government. appreciation, approval, attention, respect, security, I still want to touch again on this conversation comfort and encouragement. And they must feel that we have in regards to a child and a young wom- [these things] within their family environment, because an, because there is a vast difference between a 13- if they do not, they will try to get it from someone else year old child and a young woman. We know that pu- or something else. So, we must not be afraid of these berty sets in for girls between the ages of 8 to 13 topics and we must continue to talk to our children where it is a special period for . . . a time for growth about them. Bermuda House of Assembly Official Hansard Report 17 July 2020 4543

I can say, Mr. Speaker, one of the things that I The Speaker: I agree. am truly proud of in being part of this Government is our continuous [desire] to want to stay on top of pro- [Laughter] tecting our children. And I am sure the legislation that we have brought forward in the past and then some- Hon. E. David Burt: And there is much that has al- thing coming up soon will not be the last of it because ready been said this evening, Mr. Speaker. we want our children to succeed without trauma, or My comments will hopefully not take the full with minimum trauma, so that we can continue to 20 minutes. But I think it is important that we recog- highlight them like we highlighted so many of our nise that, as it is now after midnight and it is 18 July amazing people this evening. 2020, three years ago all of us who are in this House I just want to close with that, Mr. Speaker. I were preparing, up late at night doing our last minute said I was not going to take up all of my time, but I just preparations for an election. Three years ago, the think it is very important that we continue with this country went to the polls and elected this Govern- conversation in protecting our children, for protecting ment. our girls and protecting our boys who are still children It is an honour, Mr. Speaker, that all of us and are not ready for the things or situations or expe- have to represent this country. All of us, Mr. Speaker, riences that they sometimes find themselves in. They represent individual constituencies across this Island. have plenty of time. They have plenty of time for it. It is not something that any of us take lightly because But again, well done to our essential workers leadership is about service, and it is important that we down at the airport and our healthcare workers. Thank remember before there is the post of Minister and be- you for everything that you do. We are so proud of fore there is a post of other offices, whether they be in you and how you are representing our country. the House of Assembly or in the other place, we rep- Thank you, Mr. Speaker. resent people inside of this country. So, Mr. Speaker, as we represent people in- The Speaker: Thank you, Member. Does any other side of this country, we have to remember what is Member wish to speak? necessary, what the people need. They want ad- No other Member? vancement in their lives. They want more comfort in- side of their lives and they want a better and a higher Hon. E. David Burt: Mr. Speaker, one Member is try- standard of living, Mr. Speaker. When we were elect- ing to speak. The others left you. I do not know why ed, we had our plans, our election platform and, Mr. you cannot hear him. Minister Rabain. But I am trying Speaker, three years on, we have completed over to close. 65 per cent of the things of which we set out to ac- complish. The Speaker: Is there another Member— All of that, Mr. Speaker, while at the same time having to deal with unexpected events—whether [Crosstalk] they have been acts of God, acts of things which we are faced with on the international scene, whether it Hon. E. David Burt: Premier? be defending our economic reputation overseas, mak- ing sure that we were able to keep our country safe at Hon. E. David Burt: Minister Rabain, we cannot hear home. But, Mr. Speaker, I would submit that over the you. last three years we have succeeded in our effort to Mr. Speaker, I know that Minister Rabain was build a better and fairer Bermuda, because, Mr. trying to speak, but . . . I see his lips moving . . . Speaker, at the core of what it is that we were elected to do was breaking down the barriers of the Two Ber- The Speaker: Let’s see . . . no, his microphone is on mudas. from this end. And it is a fact, Mr. Speaker, that we have tackled long-held structural, systemic challenges that Hon. E. David Burt: Well, he cannot speak. existed inside of this country. So when you look at the Mr. Speaker, I am happy to close. fact of the economy, when you look to this Govern- ment which was the Government that has the lowest The Speaker: Okay, well, Premier . . . payroll taxes for workers in history, when we look at the first time in Bermuda’s history that unearned PLP THIRD-YEAR ANNIVERSARY wealth is being taxed, Mr. Speaker, we talk about a fairer society . . . this, Mr. Speaker, is what the Pro- Hon. E. David Burt: Thank you, Mr. Speaker. gressive Labour Party has accomplished. Mr. Speaker . . . oh, you need my face. My When we look at the realm of health insur- apologies. I will turn on my video. ance, a 50-year scheme to direct health insurance Mr. Speaker, the hour is certainly late. monies that everyone had to pay to certain business- es was made more fair to make sure that we support Bermuda House of Assembly 4544 17 July 2020 Official Hansard Report our hospital so that, instead of directing profits to in- well as bad days. But the most important thing that we surance companies, we can make sure that this mon- can do for this country, Mr. Speaker, is to remember ey goes towards the healthcare of our country, build- that the way in which we have worked together over ing a better and fairer Bermuda, Mr. Speaker. the past four months, when faced with a health threat When we look on the issue of education, and I that could cripple our country, is the way that we will know the Minister of Education certainly wanted to work together going forward to rebuild this economy. speak on this, regarding the progress of which he had Mr. Speaker, I want to end where I started. made, let us look at the fact that we have technology And where I started was on the issue of service. To- in our schools which we never had before. The fact morrow, Mr. Speaker, members of the Progressive that no one in this country needs to worry about Labour Party will be visiting homes around the country whether or not they can afford to access higher edu- to give back on the anniversary of our election. There cation, afford to get additional skills training to up- have been hampers that have been prepared that we grade their skills and re-tool themselves for jobs of the are going to knock on the doors of those who are less future, Mr. Speaker. All of those things were made fortunate in our society to make sure that we can give possible because this Government knew what was back. right and what was necessary to build a secure and Leadership is about service. And the reason stable future for our citizens, Mr. Speaker. why, Mr. Speaker, the Progressive Labour Party won When we look at something that has always those seats at the election and the reason why, Mr. challenged Black entrepreneurs, access to capital, Speaker, the Progressive Labour Party will continue to doubling the guaranteed capacity of the Bermuda rule this country in successive elections is because Economic Development Corporation, increasing the we are in touch with the needs of the persons of amount of money that is available and increasing di- whom we serve. We knock on doors. We talk to our rect loans so that persons do not have to go to banks voters. We take care of their needs and we make sure and they can go directly to the Bermuda Economic that we are embedded inside of this community of Development Corporation to start their small busi- which we serve, Mr. Speaker. nesses and get a leg up, Mr. Speaker, whether it is You cannot lead people unless you under- the incubator programmes of which we have launched stand people. You cannot lead people unless you or others, that is what is necessary to make sure that know what it is that they desire on a daily basis. We we have persons getting ahead in life. are in touch with the pulse of this country, Mr. Speak- And let us talk about the social issues, Mr. er. That is the reason why we have been able to make Speaker, whether it is the tackling of the root causes the changes of which we have made thus far, and that of violence in our communities, making sure that we is the reason why we will continue to make the tackle income inequality by making sure that we make changes in the future, Mr. Speaker. investments in our people, which is necessary to do, I want to tell all Honourable Members con- programmes like Redemption Farm, programmes like gratulations for making it three years. The Govern- Gang Violence Reduction, dealing with matters of re- ment, the Opposition and all persons are vital to make storative justice and dealing in tackling those core is- sure that we have good governance inside of this sues, Mr. Speaker. Looking at the decriminalisation of country. And, Mr. Speaker, I look forward to continu- cannabis, which is something I say often, Mr. Speak- ing to have the honour to lead this country as we er, that the same number of white people smoke weed move forward. as Black people. But there is a reason why Tomorrow I will be on the doorsteps of my 95 per cent of the persons who are convicted for it are constituency, as all of our MPs will be on the door- Black. It is the systemic injustice inside of our country steps of their constituencies giving back, and that is and that is the reason why we must make the chang- the best way, Mr. Speaker, that we can say not only es in laws of which we have made. thank you to our constituents but also to remember Look at the protections of which we have built who it is we serve and why it is that we are here. as the Member for constituency 4 had spoken about Thank you, Mr. Speaker, and I will see you for children—for sexual abuse, for making sure that next week. there are mandatory treatment programmes, introduc- ing [legislation against] luring, expunging persons’ The Speaker: Thank you, Mr. Premier, for bringing us records. Those are the things, Mr. Speaker, that this to a close this evening. Progressive Labour Party has committed to and we Members, it has been a long day. I trust you have had a very progressive agenda, Mr. Speaker. will get some rest this weekend and the House will The challenge is that we can do more. But, now stand adjourned until Friday next at 10:00 am. Mr. Speaker, we have been hampered by events that Good evening, Members. are outside of our control. As Honourable Members will know, the economic crisis that will face us, Mr. [At 12:21 am (Saturday, 18 July 2020) the House Speaker, is going to be a very severe one. And I have stood adjourned until 10:00 am, Friday, 24 July 2020.] no doubt, Mr. Speaker, that there will be good days as Bermuda House of Assembly