2014/15 SESSION of the BERMUDA HOUSE OF ASSEMBLY OFFICIAL HANSARD REPORT 14 November 2014 Sitting number 2 of the 2014/15 Session (pages 7-154) 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 14 November 2014 7 BERMUDA HOUSE OF ASSEMBLY OFFICIAL HANSARD REPORT 14 NOVEMBER 2014 10:02 AM Sitting Number 2 of the 2014/15 Session [Hon. K. H. Randolph Horton, Speaker, in the Chair] Hon. Michael H. Dunkley: Good morning, Mr. Speaker. PRAYERS The Speaker: Good morning. [Prayers read by Hon. K. H. Randolph Horton, Speaker] POLICE COMPLAINTS AUTHORITY REPORT CONFIRMATION OF MINUTES TREATMENT OF OFFENDERS BOARD REPORT 7 November 2014 Hon. Michael H. Dunkley: Mr. Speaker, I have the honour to attach and submit for the information of this The Speaker: Members, we have confirmation of the Minutes of November the 7th, 2014. All Members Honourable House of Assembly the following reports: should have received the Minutes. If there are no ob- the Report of the Police Complaints Authority and the jections, the Minutes will be confirmed. Report of the Treatment of Offenders Board. I hear no objections. The Minutes are con- firmed. The Speaker: Thank you, Honourable Member. Any objections to that report? [Minutes of 7 November 2014 confirmed] There are none. The Chair will recognise again the Honourable MESSAGES FROM THE GOVERNOR Premier, the Honourable M. H. Dunkley, for the Treatment of Offenders? The Speaker: There are none. [Inaudible interjection] ANNOUNCEMENTS BY THE SPEAKER The Speaker: I am sorry. OR MEMBER PRESIDING Members, both reports were done at that time, the Report of the Police Complaints Authority and the PORT ROYAL GOLF COURSE IMPROVEMENTS Report of the Treatment of Offenders Board. CAPITAL DEVELOPMENT PROJECT—AUDITOR The Chair will recognise the Junior Minister, GENERAL’S SPECIAL REPORT Mr. S. D. Richards. The Speaker: I have one announcement to make, Mr. Sylvan D. Richards, Jr.: Thank you, Mr. and that is that I have received today a Special Report Speaker. on the Port Royal Golf Course Improvements Capital Mr. Speaker, I have two papers here that I Development Project, which was presented to me by believe were laid last week. The Charities Regulations the Auditor General and will be distributed to Mem- 2014, and the Government Fees Amendment (No. 5) bers of the House. Regulations 2014. MESSAGES FROM THE SENATE The Speaker: Do them separately, please. You have the Charities Regulations. The Speaker: There are no messages from the Sen- ate. CHARITIES REGULATIONS 2014 PAPERS AND OTHER Mr. Sylvan D. Richards, Jr.: All right. COMMUNICATIONS TO THE HOUSE Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Charities Regulations 2014, made by The Speaker: The Chair will recognise the Honour- the Minister of Home Affairs under section 48 of the able Premier, M. H. Dunkley. You have the floor. Charities Act 2014. Bermuda House of Assembly 8 14 November 2014 Official Hansard Report The Speaker: All right. Thank you, Honourable Mem- proposal included a number of conditions imposed by ber. both parties. On August 14, 2014, there were some Any objections to that? issues that were still unresolved, and at the request of The Chair will now recognise the Honourable the BHC [Bermuda Housing Corporation] and the de- Minister, Dr. Grant Gibbons. velopers, a further 90-day extension was given to al- low matters to progress to a satisfactory conclusion. Dr. the Hon. E. Grant Gibbons: Thank you, Mr. Mr. Speaker, the additional 90-day period ex- Speaker. Good morning. pired on November 11, 2014. As the deadline ap- proached, and despite best intentions, there were a The Speaker: Good morning. few matters that were still to be resolved. Honourable Members will note the decision by the Planning Board GOVERNMENT FEES AMENDMENT (NO. 5) to require further information on the location of the REGULATIONS 2014 pool, as it was deemed to be too close to the cliff face. This matter was concluded with a satisfactory granting Dr. the Hon. E. Grant Gibbons: On behalf of the Min- of the necessary building permit. Most notably, how- ister of Finance and with the Governor’s recommen- ever, the question of vacant possession of the devel- dation, and in accordance with section 36(3) of the opment and the relocation of the lone family still resid- Bermuda Constitution, I have the honour to attach and ing in the development has, until now, delayed some submit for the consideration of the Honourable House of the negotiations. of Assembly the Government Fees Amendment (No. Mr. Speaker, I am pleased to announce that 5) Regulations 2014, proposed to be made by the within this past week the Government has reached a Minister of Finance under section 2 of the Govern- mutually agreeable solution with the current (single-) ment Fees Act 1965. Thank you, Mr. Speaker. unit owners at Grand Atlantic. The family has agreed to transfer out of the Grand Atlantic property to an- The Speaker: Thank you, Minister. other identified unit once all the conditions are met Are there any objections to that? with the developers. With this very recent resolution, There are none. only a few minor conditions remain to be satisfied, which can be accomplished in a brief extension pe- PETITIONS riod. It has been agreed that MacLellan & Associ- The Speaker: There are no petitions. ates be granted a further 120 days in order to ensure that the project is well positioned to provide jobs and STATEMENTS BY MINISTERS opportunities for local and overseas investment, and AND JUNIOR MINISTERS to bring a new tourism concept for Bermuda. While it is not expected that the outstanding matters will re- quire the full 120 days, it is my expressed belief that The Speaker: The Chair will now recognise the Hon- being able to have all issues resolved without the ourable Minister for Public Works. Minister Gordon- pressure of another deadline will bode well in ensuring Pamplin, you have the floor. that Bermuda and the developers will achieve the best possible outcome. Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. Mr. Speaker, this project is still projected to Speaker, and good morning. become Bermuda’s first condo-hotel tourism offering. MacLellan & Associates have completed their engi- The Speaker: Good morning. neering and construction due diligence for all aspects of the site development, as well as progressing the GRAND ATLANTIC UPDATE marketing, management and operation of the hotel component. MacLellan & Associates would like to see Hon. Patricia J. Gordon-Pamplin: Mr. Speaker, I rise the conversion works underway early in 2015. this morning to update the Honourable House on the Thank you, Mr. Speaker. situation concerning the Grand Atlantic Hotel devel- opment. Following the announcement earlier this year The Speaker: Thank you, Honourable Minister. that Caribbean-based hospitality, tourism and leisure consultancy firm, MacLellan & Associates, had sub- REPORTS OF COMMITTEES mitted a successful bid to acquire the development property of Grand Atlantic for conversion to a condo- There are none. hotel property, the company was granted a 120-day The Speaker: exclusivity period to advance the project. QUESTION PERIOD That period expired on August 14, 2014. The due diligence process associated with the repurposing The Speaker: We move now to Question Period. Bermuda House of Assembly Official Hansard Report 14 November 2014 9 The first questions are to the Honourable WRITTEN ANSWERS Premier, M. H. Dunkley, from MP D. V. Burgess. So the Chair will recognise MP D. V. Burgess. EMERGENCY MEASURES ORGANISATION (EMO) POST-MORTEM EXERCISE AND REPORT AFTER QUESTION 1: TOTAL NUMBER OF GOVERNMENT TROPICAL STORM FAY AND HURRICANE GON- EMPLOYEES ZOLO Hon. Derrick V. Burgess, Sr.: Thank you, Mr. The Speaker: Thank you, Premier. Speaker, and good morning. Thank you, MP Burgess. Mr. Speaker, the first question is, Will the Next, we have received written responses Honourable Minister please inform this Honourable from the Premier [to Parliamentary Questions] from House, What was the total number of employees as of MP W. H. Roban. August 31st, 2013, and August 31st, 2014? TOTAL NUMBER OF PERSONS RECEIVING FI- Hon. Michael H. Dunkley: Mr. Speaker, August 31st, NANCIAL ASSISTANCE 2013, the total was 5,133. August 31st, 2014, the total was 5,055. The Speaker: We have also had written responses from Minister Wayne Scott to Parliamentary Questions The Speaker: Thank you, Honourable Premier. from MP M. A. Weeks (which was carried over from MP Burgess, second question? the 7th of November). Those have been answered. We move now to questions on Ministerial QUESTION 2: TOTAL OVERTIME PAID TO GOV- Statements. I will recognise first MP Lawrence Scott. ERNMENT EMPLOYEES Mr. W. Lawrence Scott: Good morning, Mr. Speaker. Hon. Derrick V. Burgess, Sr.: Second question: Will the Honourable Minister please inform this Honour- The Speaker: Good morning. able House, How much overtime was paid for the pe- riods September 1st, 2012, to August 31st, 2013, and QUESTION 1: GRAND ATLANTIC UPDATE the period September 1st, 2013, to August 31st, 2014? Mr. W. Lawrence Scott: My first question: Is the Min- Hon. Michael H. Dunkley: Mr. Speaker, September ister aware that on March 11th, June 7th, and Septem- 1st, 2012, to August 31st, 2013, the total was ber 27th, Minister Wayne Scott assured me that the $21,348,774. September 1st, 2013, to August 31st, residents would come first, sentiments that were ech- 2014, the total was $18,953,730. oed by herself on May 16th in regard to keeping the residents updated with Grand Atlantic? Does that still The Speaker: Thank you, Premier.