2015/16 SESSION of the BERMUDA HOUSE OF ASSEMBLY OFFICIAL HANSARD REPORT 29 February 2016 Sitting number 10 of the 2015/16 Session (pages 849–934) Hon. K. H. Randolph Horton, JP, MP Speaker Disclaimer: The electronic version of the Official Hansard Report is for informational purposes only. The printed version remains the official record. Official Hansard Report 29 February 2016 849 BERMUDA HOUSE OF ASSEMBLY OFFICIAL HANSARD REPORT 29 FEBRUARY 2016 10:02 AM Sitting Number 10 of the 2015/16 Session [Hon. K. H. Randolph Horton, Speaker, in the Chair] Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. Speaker, and good morning, colleagues. PRAYERS The Speaker: Good morning. [Prayers read by Hon. K. H. Randolph Horton, Speaker] CIVIL UNION ACT 2016 [Pause] Hon. Patricia J. Gordon-Pamplin: Mr. Speaker, I have the honour to attach and submit for the informa- CONFIRMATION OF MINUTES tion of the Honourable House of Assembly a draft 19 February 2016 consultation Bill entitled the Civil Union Act 2016. All right. Thank you. Thank you, Minis- The Speaker: Members, you would have received the The Speaker: Minutes of the 19th of February, which are to be con- ter. firmed if there are no objections. There are no objections, so the Minutes of PETITIONS 19th of February are confirmed. The Speaker: There are none. [Minutes of 19 February 2016 confirmed.] STATEMENTS BY MINISTERS The Speaker: The Minutes for February 26th are de- AND JUNIOR MINISTERS ferred. The Speaker: Yes. The Chair will recognise the Hon- MESSAGES FROM THE GOVERNOR ourable Minister. Patricia Gordon-Pamplin, you have the floor. The Speaker: There are none. Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. ANNOUNCEMENTS BY THE SPEAKER Speaker, and good morning again. OR MEMBER PRESIDING The Speaker: Good morning, good morning. APOLOGIES SAME-SEX MARRIAGE AND CIVIL UNIONS The Speaker: Yes, Honourable Members, just that the same two MPs, MP Weeks and Junior Minister Hon. Patricia J. Gordon-Pamplin: This morning, I Scott are still out. am tabling a draft consultation copy of the Civil Union Act 2016. Two weeks ago, I also tabled the Bill enti- MESSAGES FROM THE SENATE tled the Matrimonial Causes Amendment Act 2016. In essence, Mr. Speaker, the Matrimonial Causes Amendment Act 2016 seeks to confirm that, notwith- The Speaker: There are none. standing the Human Rights Act 1981, marriage re- mains exclusively a relationship between a man and a PAPERS AND OTHER woman. COMMUNICATIONS TO THE HOUSE The consultation draft Civil Union Act 2016, Mr. Speaker, seeks to make provision for the formali- The Speaker: Yes. The Chair will recognise the Min- sation and registration of a relationship between ister of Community and Sport, Minister Patricia same-sex couples to be known as a “civil union.” Gordon-Pamplin. Mr. Speaker, I think it is important to highlight the Government’s process regarding this important matter. Mr. Speaker, from the receipt of a petition in Bermuda House of Assembly 850 29 February 2016 Official Hansard Report May of 2015, this Government committed to hearing while further consideration is given to feedback from all sides of the issue relating to same-sex marriage our colleagues and the public at large. and civil unions. We have taken great care and sensi- It is important that matters relating to our re- tivity to consult the people of Bermuda and to provide quirements to provide a framework to ensure right to them with a forum in which to share their views. family life, as laid down by the courts, is evidenced by Mr. Speaker, late last year and up until re- our actions and can show the courts that we are look- cently, just two weeks ago, in fact, the Government ing for the best way to move forward. held a series of information sessions to share with the Thank you, Mr. Speaker. public our extensive research regarding other jurisdic- tions’ approach to same-sex marriage and civil un- The Speaker: Thank you. Thank you, Minister. ions. Mr. Speaker, we also used the opportunity in each of those public sessions to provide an overview REPORTS OF COMMITTEES and clarity about our international legal obligations arising under the European Convention on Human The Speaker: There are no reports. Rights. Mr. Speaker, since our meetings last October QUESTION PERIOD and subsequent meetings two weeks ago, there have been some passionate, vocal and even heart- The Speaker: We now move on to the Question Pe- wrenching views, opinions and experiences ex- riod. pressed by members of the public and local advocacy groups for and against same-sex marriage and civil [Pause] unions. Mr. Speaker, also added into this mix is a sig- nificant legal ruling which has looming human rights The Speaker: All right. Thank you, Honourable Mem- implications and, as such, this Government has had to bers. We now move into the Question Period, and the look at this matter with more urgency. Chair is first going to recognise MP Walton Brown. Mr. Speaker, I am referring to the Supreme Court ruling regarding the Bermuda Bred Company v. Mr. Walton Brown: Thank you, Mr. Speaker, and The Minister of Home Affairs and The Attorney Gen- good morning, colleagues. eral. The ruling issued by the Supreme Court on the 27th of November 2015, in favour of the Bermuda Bred The Speaker: Good morning. Company, means that the non-Bermudian same-sex partners of Bermudians who are in permanent rela- QUESTION 1: SAME-SEX MARRIAGE AND CIVIL tionships are entitled to live and work in Bermuda free UNIONS of immigration control. Mr. Speaker, the Chief Jus- tice’s declaration in the Bermuda Bred case comes th Mr. Walton Brown: Mr. Speaker, I wonder if the Hon- into effect today, the 29 of February 2016. ourable Minister can answer this question: In light of Mr. Speaker, as I mentioned earlier, before the Government’s seeming embrace of obligations any decision was taken as a Government, it was nec- passed on to Bermuda through the European Conven- essary to take the steps to extensively research how tion of Human Rights, I am just wondering to what various jurisdictions have sought to approach and extent that convention has determined Government’s reconcile this matter. We committed to sharing this position on this particular issue of civil unions and information with our people, and we have genuinely same-sex marriage. sought to hear from all sectors of the community on this issue and incorporate their views as we take the The Speaker: Minister. next step. Mr. Speaker, I appreciate that, as it relates to Hon. Patricia J. Gordon-Pamplin: Yes, Mr. Speaker. same-sex marriage and civil unions, the decisions are Thank you for the question, Honourable complex and difficult for many in our community. Mr. Member. The Government, obviously, has considered Speaker, we have had some Members of this Hon- first and foremost the decision that has come down ourable House in conversation indicate that, while from the court, and has augmented that information they might support equality for same-sex couples, with the requirements of the European Convention on they would not support this Bill, as the politics are too Human Rights. thorny. We have had others, Mr. Speaker, indicate that they do not support equality for same-sex cou- The Speaker: Okay. MP Brown, again. ples, and others still who support full equality. Nevertheless, Mr. Speaker, a government has Mr. Walton Brown: Yes. an obligation to address issues within our community. And due to the significant court ruling and the need for The Speaker: Supplementary? action, we have chosen to table this consultative Bill Bermuda House of Assembly Official Hansard Report 29 February 2016 851 SUPPLEMENTARY Hon. Patricia J. Gordon-Pamplin: Bermuda Bred. Mr. Walton Brown: Yes, supplementary. In not making direct reference to those obliga- The Speaker: Yes, she mentioned Bermuda Bred. tions enshrined in the European Convention, is the Government not concerned that as they posit with re- Mr. Walter H. Roban: I'm sorry. Okay. Thank you. spect to immigration, they might be out of step with international best practices and standards? The Speaker: The Chair will recognise the Honour- able Member from constituency 6. The Speaker: Minister. Hon. Wayne L. Furbert: Supplementary? Hon. Patricia J. Gordon-Pamplin: I do not believe that we are necessarily out of step. But I think the in- The Speaker: Yes. tent is to table the Civil Union Bill for consultation, as we are doing today, so that Members and the public SUPPLEMENTARIES can have an indication as to what has been included therein so that we can have the discussions. And if we Hon. Wayne L. Furbert: Would the Minister agree are proven to be different, then obviously, we have to that it had nothing to do with the European Conven- address it. But this is still in the consultative stage. tion, but it had to do with a case that you quoted? Be- cause you mentioned that it had come into practice The Speaker: Thank you. with the European Convention, which it was not. It had The Chair will recognise the Honourable to do with a case you were talking about. Member from constituency 15. MP Roban, you have the floor. The Speaker: Minister. Mr. Walter H. Roban: Thank you, Mr. Speaker. Sup- Hon. Patricia J. Gordon-Pamplin: I just responded plementary to the answer. that this had to do with both of the instances that had to be considered. The Speaker: Yes. Yes. The Speaker: Yes, follow-up? SUPPLEMENTARY Hon. Wayne L. Furbert: Then a follow-up to my hon- Mr. Walter H. Roban: Can the Minister perhaps be ourable colleague here.