Hansard

2015/16 SESSION

of the

BERMUDA

HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT

7 March 2

016

Sitting number 13 of the 2015/16 Session

(pages 1147–1284)

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 7 March 2016 1147

Bermuda House of Assembly

BERMUDA HOUSE OF ASSEMBLY

OFFICIAL HANSARD REPORT

7 MARCH 2016

10:03 AM

Sitting Number 13 of the 2015/16 Session

[

Hon. K. H. Randolph Horton, Speaker, in the Chair]

PRAYERS

[

Prayers read by Hon. K. H. Randolph Horton,

Speaker]

CONFIRMATION OF MINUTES

The Speaker: Honourable Members, the Minutes for

the 2

and 4

of March are deferred.

MESSAGES FROM THE GOVERNOR

The Speaker: No messages from the Governor.

ANNOUNCEMENTS BY THE SPEAKER

OR MEMBER PRESIDING

The Speaker: We do have the announcement that the

Junior Minister, MP Leah Scott, is still absent, as well

as MP D. V. Burgess.

PAPERS AND OTHER

COMMUNICATIONS TO THE HOUSE

he Speaker: The Chair will recognise first the Hon-

ourable Minister of Finance, Minister E. T. Bob Rich-

ards.

PPLEMENTARY ESTIMATES (NO. 1) FINAN-

CIAL YEAR 2015/16

Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker.

Mr. Speaker, pursuant to the Constitution of Bermuda,

I would like to present for the consideration of the

Honourable House of Assembly the Supplementary

Estimates No. 1 for the Financial Year 2015/16 to lay

before the House for consideration at the next meet-

ing.

he Speaker: Thank you.

he Clerk: And, Minister, that is pursuant to sec-

tion 96 of the Constitution, for the record of the Min-

utes.

he Speaker: The Chair will now recognise the Hon-

ourable and Learned Member, Minister Crockwell. He

is not here, so are you standing for [him], Minister

Wayne Scott?

on. R. Wayne Scott: Yes, Mr. Speaker.

he Speaker: Minister Wayne Scott, the Minister of

Education, is standing for Minister Crockwell.

MARINE BOARD (SEABORNE SERVICES FARES)

REGULATIONS 2016

OVERNMENT OMNIBUS (FEES) REGULATIONS

2016

MARINE BOARD (FERRY SERVICES) REGULA-

TIONS

on. R. Wayne Scott: And I have three items here,

Mr. Speaker.

Mr. Speaker, with the Governor’s recommen-

dation and in accordance with section 36(3) of the

Bermuda Constitution, I have the honour to attach and

submit for the consideration of the Honourable House

of Assembly the Marine Board (Seaborne Services

Fares) Regulations 2016, proposed to be made by the

Minister of Tourism Development and Transport under

the provision of section [97] of the Act.

And, carrying on, Mr. Speaker, also with the

Governor’s recommendation and in accordance with

section 36(3) of the Bermuda Constitution, I have the

honour to attach and submit for the consideration of

the Honourable House of Assembly the Government

Omnibus (Fees) Regulations 2016, proposed to be

made by the Minister of Tourism Development and

Transport under the section [97] of the Act as well.

Mr. Speaker, there is one more that I do not

have the paper for. So if you would give me one sec-

ond.

he Speaker: Yes.

[

Pause]

on. R. Wayne Scott: Yes. Mr. Speaker, I believe

that is all at this point, because the Clerk pointed out

the legislation is not here.

1148 7 March 2016 Official Hansard Report

Bermuda House of Assembly

The Speaker: All right. All right.

Hon. Zane J. S. De Silva: Point of clarification, Mr.

Speaker.

The Speaker: Yes.

POINT OF CLARIFICATION

Hon. Zane J. S. De Silva: I was just wondering, if the

legislation is not here, is that going to be withdrawn

and brought back or not?

The Speaker: Well, it is not . . ..

Go ahead, Minister.

Hon. R. Wayne Scott: Sorry, Mr. Speaker. No. That

actually has been sent via e-mail. So I guess it is just

a glitch.

But just for clarification, there are three, Mr.

Speaker, all of the same section. One is the Marine

Board (Ferry Services) Regulations; one is the Marine

Board (Seaborne Services Fares) Regulations; and

one is the Government Omnibus (Fares) Regulations

2016. So, I just want all three of those to be men-

tioned. And they have been sent electronically.

The Speaker: All right. Thank you.

So we will get those to Members.

PETITIONS

The Speaker: There are none.

STATEMENTS BY MINISTERS AND

JUNIOR MINISTERS

The Speaker: There are none.

REPORTS OF COMMITTEES

The Speaker: There are none.

QUESTION PERIOD

The Speaker: We did have written parliamentary

questions [from] MP Roban. And his questions, it says

here [are for] Honourable L. C. Cannonier, but it was

also the Honourable Premier who received the [ques-

tions].

Did you get the answers, MP Roban?

Mr. Walter H. Roban: Yes.

QUESTIONS: STAFFING OF POST OFFICES

1. Will the Honourable Minister please provide

this Honourable House with the current status

of the building and staff of the Harrington

Sound Post Office?

2. Will the Honourable Minister please provide

this Honourable House with the current status

of the building and staff of the Somerset Post

Office?

3. Will the Honourable Minister please provide

this Honourable House with the current status

of the building and staff of the St. David’s Post

Office?

CONGRATULATORY AND/OR OBITUARY

SPEECHES

The Speaker: The Chair will recognise the Honour-

able Member from constituency 34, Learned Member,

MP Wilson.

Ms. Kim N. Wilson: Thank you, Mr. Speaker. Good

morning.

Mr. Speaker, I rise to ask that congratulations

be sent by this Honourable House to the Bermuda

Industrial Union in their recently held Eighth Annual

Women’s Tea. The Bermuda Industrial Union have,

for the last eight years, held a Women’s Tea in honour

of International Women’s Day, which has been recog-

nised by the United Nations since the 1900s and is a

day in which we recognise women insofar as their

contributions to society.

The theme this year was with respect to gen-

der equality. You may know, Mr. Speaker, that tomor-

row is the official International Women’s Day. And I

would like for congratulations to be sent to Sister Mrs.

Molly Burgess, Sister Ronnie Burgess and, in particu-

lar, Sister LaVerne Furbert, who organised this event.

It was well attended, as is usual. It was attended in

conjunction with a number of Senators, as well as the

wives of our respective Opposition Leader and Deputy

Opposition Leader. To the women in Bermuda, I

would like to also congratulate them tomorrow with

respect to International Women’s Day and thank the

Bermuda Industrial Union for recognising the contribu-

tion that women do make in our society.

Thank you.

The Speaker: Thank you very much.

The Chair will now recognise the Minister for

Economic Development. Minister, Dr. Gibbons, you

have the floor.

Dr. the Hon. E. Grant Gibbons: Thank you, Mr.

Speaker.

Mr. Speaker, I rise on a sad note this morning

and would ask that the House send condolences to

the family of the late Oskar Lewnowski, whom many

Members of the House may have known. He was a

long-standing resident of Bermuda. He was the Aus-

trian Consul General at one point and provided a lot of

jobs here. Olympic Capital was the name of the com-

Official Hansard Report 7 March 2016 1149

Bermuda House of Assembly

pany originally. It had a number of Bermudians, many

Bermudians, actually, working over the years, and he

in some respects was one of the early ones who set

up a fund business here and basically had the confi-

dence in Bermuda to provide a lot of financial services

from here.

It was eventually sold to a Bermudian entity,

but in the time he was here, he contributed, certainly,

for the Island, both socially and economically.

Thank you, Mr. Speaker.

The Speaker: Thank you, Minister.

The Chair will now recognise the Honourable

Member from constituency 16. MP Weeks.

Mr. Michael A. Weeks: Thank you, Mr. Speaker, and

good morning to you.

The Speaker: Good morning.

Mr. Michael A. Weeks: Just in case I missed it last

week, did anybody made condolences to the family, to

the Augustus family?

Some Hon. Members: Yes.

Mr. Michael A. Weeks: You did. Well, I would like to

rise and associate myself, if I can, and say a few re-

marks for a good friend of mine.

Mr. Speaker, like I said, I would like to associ-

ate myself with the remarks for the late Raymond Au-

gustus. He was a dear friend of mine, and his family

and I came up together. I always recount the story of

him and me, Mr. Speaker, when we were, I think 12 or

13. We were working at the Bermuda Recorder. Some

people may remember the old Bermuda Recorder. We

used to be there Friday nights, putting together the

newspapers, we and a few other young teenage boys.

One particular Friday, Mr. Speaker, the press

broke down, as it normally did. So we would take a

walk around town. Now, this particular Friday, we

went and were playing some football about one

o’clock—ten, eleven, maybe twelve—behind the Ber-

muda Cathedral. And we were met by a lot of police

and activity and whatnot. But it came later to be found

that that was the night that the robbery of the shop-

ping centre took place and that murder around the

shopping centre. So we and the other guys—we were

all young teenagers being curious and whatnot—did

not know the magnitude as to what happened then

while we were there playing football when all that hel-

ter-skelter took place with the police.

So I am just saying that to say that that is how

far Raymond and I went back then. Every time we

would get together, at some point in time we always

would talk about that. So my heart goes out to his

mom, his brothers, his fiancée, and to his son Rakai.

Thank you, Mr. Speaker.

The Speaker: Thank you, Honourable Member.

Would any other Honourable Members care to

speak?

Yes, the Chair will recognise the Honourable

Deputy Speaker. MP Suzann Roberts-Holshouser,

you have the floor.

Mrs. Suzann Roberts-Holshouser: Thank you, Mr.

Speaker. Thank you very much.

I stand to my feet today in the House to rec-

ognise the achievements of one Kristin White. She is

the director of Haunted History Bermuda. The reason

is that I believe this is something that all of us in the

House would like to be [associated with].

The Speaker: Yes, yes, yes.

Mrs. Suzann Roberts-Holshouser: They have been

shortlisted, Mr. Speaker, the Haunted History tour

group, by the Luxury Travel Guide, which sent out

submissions to over 2 million—2 million subscribers to

identify the best experience. And, Mr. Speaker, as a

participant who actually, at the moment, plays a part

of Aunt Nea, I have to say that this is one of the most

exciting performances I believe that Bermuda has be-

cause not only is it involving a group of individuals

interested in not only part of our history, but showing

our history by acting in different parts.

The likes of Jemmy Darrell and the plight that

this individual, who was recognised by the United

Kingdom, and his inability to own his own home and

what he had to do in order to see the movement in

Bermuda expand—this is all written again by Kristin

White. And to be recognised around the world shows

some outstanding work. And I would suggest, Mr.

Speaker, that for individuals who have not taken this

tour of St. George's [to do so], it starts at seven

o’clock on a Saturday evening. It takes about two

hours. It stops at different venues to give different

parts of the history.

We are in the process of producing our next

bit of history. So if you have not seen the one that we

are doing now, I would recommend it. I think everyone

would be surprised. They would be delighted at not

only the talent, but again, remembering. If you have

already forgotten what some of our history is, it will

bring it back to the forefront, the value that St.

George's plays. This is an outstanding performance

by a group of individuals, well-written, again, by Kristin

White. Hats off to her, and I do recommend that indi-

viduals take the time and make the effort to attend

one of the tours.

Thank you, Mr. Speaker.

The Speaker: Thank you, Honourable Member.

The Chair will now recognise the Honourable

Member from constituency 15. MP Walter Roban, you

have the floor.

1150 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Mr. Walter H. Roban: Thank you, Mr. Speaker.

I just wish to ask that a congratulatory mes-

sage be sent to the Heard Chapel, which is on the

Glebe Road, Pembroke. Yesterday they had a Men’s

Day, which the Honourable Member, Mr. Michael

Weeks, and I attended. It was a very enjoyable ser-

vice. And this is a very warm and welcoming and lov-

ing church to the community and certainly to both of

us. I would just like to congratulate my honourable

friend Mr. Weeks for receiving a certificate of appre-

ciation from the church for the work that he has done

in the general community which we both serve, but

specifically in constituency 16 and with the family of

Heard Chapel.

Thank you very much, Mr. Speaker.

The Speaker: Thank you.

Would any other Honourable Members care to

speak?

That will conclude the congratulatory and/or

obituary speeches.

MATTERS OF PRIVILEGE

The Speaker: There are none.

PERSONAL EXPLANATIONS

The Speaker: There are none.

NOTICE OF MOTIONS FOR THE

ADJOURNMENT OF THE HOUSE

ON MATTERS OF URGENT

PUBLIC IMPORTANCE

The Speaker: I think the Chair will recognise the

Honourable Member from constituency 17, MP Walton

Brown.

Mr. Walton Brown: Thank you, Mr. Speaker, and

good morning, colleagues.

Mr. Speaker, I rise to move a motion to con-

sider a matter of urgent public importance.

The Speaker: Member, I have in fact read the motion

that you are preparing. So if you would just—

Mr. Walton Brown: Read the motion?

The Speaker: Yes. Read the motion.

PARLIAMENTARY JOINT SELECT COMMITTEE TO

EXAMINE WIDE RANGE OF ISSUES INVOLVED IN

COMPREHENSIVE IMMIGRATION REFORM

Mr. Walton Brown: I will be happy to, Mr. Speaker.

WHEREAS the public welfare is now chal-

lenged by a proposed amendment to the immigration

law, and the likelihood for growing and sustained un-

rest increases daily; and

WHEREAS there was a need for an inclusive

approach for the betterment of Bermuda on such law,

accompanied by the movement away from brinkman-

ship dispositions;

BE IT RESOLVED that, pursuant to Part IV of

the Parliament Act 1957, a Parliamentary Joint Select

Committee be appointed:

1. to examine the wide range of issues involved

in comprehensive immigration reform;

2. to propose for the consideration of Parliament

a set of comprehensive immigration reform

measures; and

3. to submit its report within six months;

BE IT FURTHER RESOLVED that this report

be consulted by Members of the Legislature—

Hon. Trevor G. Moniz: Point of order, Mr. Speaker.

Mr. Walton Brown: —prior to any Bill.

The Speaker: Let the Honourable Member finish first,

Honourable Member.

An Hon. Member: Sit down.

The Speaker: Let him finish, and then I will recognise

you. He is almost finished, Honourable Attorney Gen-

eral.

[Inaudible interjections]

The Speaker: Honourable Members, we are going to

have none of that today!

[Pause]

Mr. Walton Brown: As a final component, Mr.

Speaker,

BE IT FURTHER RESOLVED that this report

be consulted by Members of the Legislature prior to

any Bill being tabled dealing with the subject matter.

And I can prepare copies of the motion.

The Speaker: All right. Thank you.

Mr. Walton Brown: And I further request, Mr.

Speaker, that we be allowed to debate this forthwith,

as is provided for under Standing Order 9, section (3),

(4) and (5).

The Speaker: Thank you, Honourable Member.

The Chair will recognise the Honourable and

Learned Attorney General.

Hon. Trevor G. Moniz: Thank you, Mr. Speaker.

The Speaker: Yes.

Official Hansard Report 7 March 2016 1151

Bermuda House of Assembly

POINT OF ORDER

Hon. Trevor G. Moniz: All the Member is doing is

putting a motion for a joint select committee that will

report in six months. I am not quite sure where the

urgency is as required under the rules. The urgency

under the rules is something that must be decided

today, not in six months’ time.

Where is the urgency, Honourable Member?

The Speaker: I am the Speaker. You have your seat.

Hon. Trevor G. Moniz: I mean, Mr. Speaker, we are

in the middle of the most important time of the year,

which is the Budget. This Member could put this mo-

tion down at any time, and he has put motions down. I

do not understand where the urgency comes that pre-

empts the business of the House.

And I just want to point out that we on this

side have had no notice of his laying this motion,

which he could have told us of before now. So . . .

The Speaker: All right. Thank you, Attorney General.

Thank you very much, Attorney General.

The Chair will recognise the Honourable and

Learned Member from constituency 25. MP Pettingill,

you have the floor.

Mr. Mark J. Pettingill: I am obliged, Mr. Speaker.

I join with my honourable and learned friend,

the Attorney General, in relationship to that point.

But more importantly, I think that in relation to

motions, at 21(1)(b) of our own [Standing] Orders, “a

motion for the adjournment of the House or of any

debate, provided that such motion contains no ancil-

lary provisions . . .” Clearly, the Honourable Member

is trying to build in a motion with ancillary provisions

with regard to something to be done down the road.

I should indicate, Mr. Speaker, that this type

of motion under this heading is something that, thank-

fully, is very rarely used, as it relates to a wartime-type

of motion. It stemmed out of something from Churchill

in the Second World War, really, with regard to decla-

rations of war and this type of thing, where there is an

emergency situation to debate.

This is just a standard form type of motion. It

neither is urgent, nor does it relate to an urgent matter

of public importance. It may be significant by the Hon-

ourable Member. But one would not deem it as being

urgent in the circumstances as designed by the Rules

of the House.

But in any event, with great respect, it would

not be possible to have the whereas and add-ins in

relation to this type of motion. It is just a standard form

motion is what it becomes. The Honourable Member

raises the issue that it is significant and important.

One accepts that; it is significant and important. That

does not make it urgent, number one. And number

two, it does not mean he can enjoin ancillary matters

to it to be debated.

These motions are brought to adjourn the

House, to be aware. That is why it starts with (with

respect) “Notice of Motions for the Adjournment of the

House.” It has to be a motion to say, The House is

going to close down now. Just like the Honourable

Premier would bring it. So I caution, Mr. Speaker, that

is what this Motion is about. I do not know if my hon-

ourable friend is realising that that is the approach

here.

The motion has to be, We’re closing the

House down now so we can go ahead and do this in

six months. We just cannot have that.

The Speaker: Right. Thank you, Honourable Member.

Let me . . . Yes, just one second, Attorney

General.

Let me just say, Honourable Members, for

your edification, I have actually looked at the motion in

consideration for what is presently . . . I am of the view

that it is, in fact, a matter of urgent public importance,

and a matter to make a decision. And the decision

that is being requested, I believe, in the motion is for

an immediate setup of this committee, which will in

fact, at the end of the day, make recommendations to

this House on the issue.

So, I will recognise the Attorney General.

Hon. Trevor G. Moniz: Thank you. Thank you, Mr.

Speaker.

But, as Members are aware—I do not know

about members of the public, but Members of the

House—that Honourable Member already has a mo-

tion on the Order Paper which is very similar to the

motion he is now putting.

The Speaker: Yes.

Hon. Trevor G. Moniz: It is a little bit of change. But

all he is doing is getting his business put to the top of

the paper.

Can you tell me and tell the House, and tell

the public, Mr. Speaker, what you and the Member

feel is the urgency that this cannot be dealt with in the

ordinary fashion?

The Speaker: Sure. All right. Honourable Member,

take your seat.

Hon. Trevor G. Moniz: I think we need to share with

the public what the urgency is that this cannot be dealt

with in the ordinary way. We are not saying it is an

insubstantial or unimportant matter; but what gives it

such urgency, such as a declaration of the Second

World War, that would say, Oh, you can do no other

business until this is dealt with?

The Speaker: All right. Thank you, Attorney General.

1152 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Let me just say, Honourable Members, that I

have given this significant and full consideration in

relation to what is happening in our Island right now.

And I think that, in my view, the reason why I have

ordered such is that I consider this, in fact, to be a

point of urgency.

I recognise, first of all, the Honourable and

Learned Member from constituency 34. Then I will

recognise the Member from [constituency] 25. Then I

will mention the Leader of the Opposition, from [con-

stituency] 26.

Ms. Kim N. Wilson: Okay. Thank you, Mr. Speaker.

Actually, Mr. Speaker, I just wanted to draw

Members’ attention particularly to [Standing Order]

9(4) to provide a little bit more insight with respect to

this section as it relates to, as you rightly said, Mr.

Speaker, the Speaker’s ultimate decision, which is

definitive and can make, as you rightly say, an order

under the terms pursuant to [Standing Order] 9(4) with

respect to allowing for this motion to be tabled. No-

where in this Order does it even suggest that the

Speaker, who is the Head of this House, has to pro-

vide any type of explanation as to how he comes to

that decision.

So, thank you, Mr. Speaker.

The Speaker: Yes, the Learned Member from [con-

stituency] 25.

Mr. Mark J. Pettingill: Mr. Speaker, Erskine May is

very clear on this point. And I do not know, with re-

spect, what [path] the Honourable Speaker may be

being led down here, but is the intention in going

ahead with this that the House will then be adjourned

today? Because that is what this type of motion is

about. It commences with the statement of Motion to

Adjourn the House. So, we are going to adjourn today

for six months? Is that the plan?

The Speaker: No.

Mr. Mark J. Pettingill: Then I fail to understand, with

respect, where we are going with Motion to Adjourn,

because the motion is Motion to Adjourn, not to de-

bate on this.

Let me be very clear on this, because Erskine

May is quite clear on this, which makes sense. In rela-

tion to [Standing Order] 9(7)(2), at [page] 319(d),

“Matters which may only be debated on a substantive

motion expressed in specific terms” (that is the immi-

gration issue) “are inadmissible on an adjournment

motion.”

It is very clear, and it makes sense, as well,

because what has to be clear, Mr. Speaker, with great

respect to the Rules of the House, is that you cannot

bump it up to the head of the list because it is impor-

tant. It is a Motion to Adjourn the House. That is what

it is.

The Speaker: Thank you. Thank you, Honourable

Member.

Let me read for Members’ sakes . . . it is cer-

tainly . . . As the House is adjourned for a period. The

House can adjourn and resume this afternoon.

[Inaudible interjections]

SPEAKER’S RULING

[Standing Order 9(5)]

The Speaker: This House can resume this afternoon.

The House can resume immediately once we have

finished this business. It can resume immediately.

In fact, if you read Standing Order 9(5), it

says, “If the Speaker is so satisfied the motion shall

stand over until 11:30 am or until the Orders of the

Day have been disposed of (whichever shall be

sooner) on the same day, or until such earlier time as

the Speaker may order and at that time any proceed-

ings on which the House is engaged shall be post-

poned until the motion has been disposed of.”

Honourable Member, this is our Orders. This

is our [Standing] Orders. And that is why I approved it.

So I have one more. Yes, Honourable Attor-

ney General.

Hon. Trevor G. Moniz: Thank you, Mr. Speaker.

Well, then, all that those of us on this side

would suggest is that we stand it over until the end of

today. And we will debate the Member’s motion today.

The Speaker: Honourable Member, I feel I have

thought about that. And it is a matter which I think

should be just gotten rid of. Because in my view, it is

an urgent matter that needs to be disposed of and

gotten out of the way, a decision made upon it.

Hon. Trevor G. Moniz: I am not sure it will be dis-

posed of, but I glory in your hope on that. I think the

Member will just keep grinding away at the—

The Speaker: Thank you, Attorney General.

[Inaudible interjections]

The Speaker: Honourable Members!

MP Burt!

[Pause]

The Speaker: Let us be quiet, please. That was not

you?

Mr. E. David Burt: No!

[Inaudible interjections and laughter]

Official Hansard Report 7 March 2016 1153

Bermuda House of Assembly

The Speaker: Honourable Members, I have made my

decision. And I certainly appreciate the manner in

which the Honourable Members also who object have

put their views forward. And I hope that it can continue

in this way always, because things are not always go-

ing to go the way that we want them to go.

I have a tough job, to be made tougher by

some kinds of behaviour of Members in this House.

And I have got to say I do appreciate the fact that

Members can, when they object, object in a manner

that is absolutely parliamentary.

MP Walton Brown.

MOTION

PARLIAMENTARY JOINT SELECT COMMITTEE TO

EXAMINE WIDE RANGE OF ISSUES INVOLVED IN

COMPREHENSIVE IMMIGRATION REFORM

Mr. Walton Brown: Thank you, Mr. Speaker. And I

appreciate your ruling to allow us to address the mat-

ter that is of fundamental and urgent importance.

Mr. Speaker, we are on a precipice. There is

an increase in the volume, there is an increase in the

level of agitation on this matter. This is a matter, im-

migration reform, that has been fundamentally divisive

in this country. And we need to find a way in which we

can tone down both the direction and the level at

which these issues are being addressed.

And so, Mr. Speaker, this motion is an oppor-

tunity for this House to demonstrate real leadership,

bipartisan leadership, on a matter that is tearing this

country apart.

So, Mr. Speaker, let us talk first about the im-

portance of a bipartisan approach. For three years,

there has been a call from this side for a bipartisan

approach on this issue. For three years, that has been

ignored. And with the series of proposed amendments

that have yet to be tabled, we run the risk of becoming

unstable in this country.

I have heard Members from the Government

side say on many occasions that they were elected to

lead, and therefore they will do so. It is true, Mr.

Speaker, that the One Bermuda Alliance was duly

elected in December of 2012. They have the mandate

from the population, from the electorate, to lead. But

they do not, Mr. Speaker, have a mandate to lead in

the way they are leading on immigration reform.

I say this because this Government made an

express promise to the people of the country that they

would not do what they are currently doing, in their

pre-election statements. They made a repeated prom-

ise to the people of this country that they would not do

what they are proposing to do now. So they do not

have the mandate to do it. They cannot argue that

they have a mandate.

Secondly, Mr. Speaker, in the absence of any

real dialogue with key parties in this country, I pose

the question to the Government: What is the urgency?

Why must this be done right now and to this extent?

There has been no answer from them. The position

that the Government is taking today is completely op-

posite to what they said in 2012, 2013, and 2014. The

way to address it in a mature, responsible way is

through bipartisanship.

There was a danger, Mr. Speaker, of unilater-

alism. There was a danger of one side doing every-

thing at once and doing it fully, without regard for op-

posing or competing viewpoints. This Government has

taken one unilateral position. It is not healthy on such

an issue, Mr. Speaker, because there are unilateral

positions on the other side, as well. The Government

says they will give out status grants to every single

person who qualifies or who has been here for a cer-

tain period of time.

One position on the outside, Mr. Speaker, is

that no such Bermuda status grant be issued until

such time as Bermuda becomes a sovereign state.

That too is a unilateral position. So what happens

when the PLP regain power and decide to eschew a

bipartisan approach to mimic what this Government is

doing? Do you want to have two unilateral approaches

to immigration reform? You would have a series of

unilateral approaches that do not benefit the country.

It will send nerves of unease in the international busi-

ness community. It would have those people whom

we have invited to come to work here have a level of

confusion about the direction of government. And it

just does not make good parliamentary sense to have

large swings in terms of policy.

So, unilateralism is an unhealthy approach in

a democratic society. Yes, you won the government.

Yes, you have a mandate. But you do not have a

mandate for this. So let sound minds prevail. Let us

commit to a bipartisan committee so that the two uni-

lateral positions can interact and come up with what

has to be a compromise solution. Everyone on this

side embraces the notion of compromise solution.

Yes, you have heard unilateral positions. You have

heard positions way on one side. But you have heard

it all around. In a committee, there has to be a give

and take.

And what we are calling for is for this Gov-

ernment to allow us to step back from the precipice,

allow us to engage in a serious, mature discussion,

and not an arrogant disposition which says, We were

elected to lead. Therefore, we will do so.

Mr. Speaker, any discussion on any critical

issue in Bermuda that is burdened down by historical

precedents has to emanate from a position of respect

and understanding. Respect and understanding are

key components of what a government should be do-

ing. What Government is proposing demonstrates no

respect and no understanding for the impact of the

past.

Let me just share an analogy that was raised

Friday on the grounds of Parliament by my friend,

Toby Butterfield. She talked about cacti and daisies in

1154 7 March 2016 Official Hansard Report

Bermuda House of Assembly

a desert. Cacti thrive in a desert. They love the arid,

dry atmosphere and the boundless sun. For them, the

weather is good. Daisies do not do too well in a de-

sert. They complain about the heat. They complain

about the lack of water. And if the cacti rule, they say,

Everything is fine. What are the daisies complaining

about? You have no empathy. You have no under-

standing for the pain and the hardship of the daisy.

The difference, Mr. Speaker, between daisies,

cacti and people—is that daisies cannot rise up and

do anything. But people can. And when you have

what are seen to be unjust laws, unjust proposals,

people will engage in civil disobedience to resist. And

when there is a pattern of disrespect, a pattern of a

failure to understand, you will see greater and greater

civil disobedience.

No one wants to do that. But I can assure you,

Mr. Speaker, every single person whom I have talked

to who has engaged in civil disobedience understands

fully that when you break the law, there are conse-

quences. And so, when you saw that protest at the

East Broadway last week, every single person there

was prepared to be arrested, so severely and so gen-

erally do they understand the importance of these is-

sues.

So you cannot go forward with legislation of

such a magnitude without an understanding, without a

respect for the past. We know that everyone knows,

especially because the Minister responsible for Immi-

gration said a few weeks ago that he understands the

legacy of the past when it comes to Immigration pol-

icy. He appreciates that it was used for political pur-

poses. He appreciates that there was a racial compo-

nent to legislation in the past regarding Immigration.

So, how can you go from that appreciation and under-

standing of the 1960s and 1970s, adopt proposals on

a unilateral scale that embrace elements, which con-

tain elements of the 1960s and 1970s and say that,

This is what we think is right, and we do not care what

anyone else has to say?

You cannot have public meetings where your

public meeting is designed only to tell the public what

you intend to do, as opposed to getting input from the

public to shape the direction of government. This law

was drafted months ago. So, we need that, Mr.

Speaker.

We are standing here today offering this Gov-

ernment an opportunity through the parliamentary

process to engage in a mature discussion based on

genuine bipartisanship where, by the way, Mr.

Speaker, the Government will control the committee!

The Government will have the majority of members on

any such committee that is set up.

There have been many comments about what

is meant by comprehensive immigration reform. I find

that a little bit disingenuous, Mr. Speaker, because the

Government side has been fully informed on a multi-

tude of occasions what the elements of comprehen-

sive immigration reform are. But for the benefit of the

public, Mr. Speaker, for the benefit of the public, I will

highlight some of the key issues that are a necessary

component of any comprehensive immigration reform.

Let us take first the issue of Bermuda status.

Up until 1989, there were only 40 discretionary grants

of Bermuda status awarded. Other Bermuda status

grants were by birth or by marriage. And then, of

course, you later had the relevant section in the Immi-

gration and Protection Act 1956, section 22(1)(d),

which provided a provision for people with a family

connection. So, the government abandoned that. This

Government said no status grants were on their elec-

toral agenda, but now we have it.

But how would a discussion go in a commit-

tee? In a parliamentary committee, we would have to

answer a few questions. What should be the process

by which further Bermuda status grants are to be

awarded? What should be the criteria? Should you

have to speak English to get status, or not? How

many should be given out a year? I know the Gov-

ernment was paying someone to fill out applications

for people who did not speak English. Some people

might say, maybe you should speak English in order

to get Bermudian status.

The point is, Mr. Speaker, a bipartisan com-

mittee will say, We believe “X” number should be

awarded a year. Here are the criteria. Here is the

process by which it should be done. We do not reject

the awarding of Bermuda status in and of itself. That

was not our earlier position. We recognise that there

has to be some kind of compromise. This Government

has refused to even talk about numbers. Every coun-

try in the world has an idea, or some controls over,

how many citizenships they award, how many perma-

nent residence certificates [PRCs] they award. This

Government has refused to even discuss the issue.

And in refusing to discuss the issue, it begs

the question, Why? Why not? What is the hardship?

What is the harm? So, a bipartisan committee would

look at the issue of Bermuda status, decide on criteria,

decide on numbers, decide on processes that will be

involved.

Secondly, PRCs. We recognise that PRCs are

a category of people who should be given certain

rights. And we should talk about how that could be

extended. It is the Progressive Labour Party that cre-

ated the category of PRCs. We brought that in to pro-

vide a measure of security to people who have been

here for the long term. But going forward, what should

be the process in place? The only current law in place

for PRCs, in my view, is racist, sexist and class-

biased. I think it needs to be abolished. But a biparti-

san committee will look at the current legislation re-

garding PRCs and come up with a more compromised

approach. How many PRCs should we issue each

year? By what criteria? And what rights should be at-

tached to them?

There is one view which says the current

situation regarding PRCs is inappropriate, saying,

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Bermuda House of Assembly

How could you give someone the right to live and

work in a country without work permit control, and yet

tell them they can only buy property at certain bands?

Some will see that as inconsistent with the rights of

someone living in a country. So we do not have firm

positions. We are submitting to a bipartisan committee

so that these issues can be addressed in the spirit of

compromise, Mr. Speaker. We want to avoid unilater-

alism, because, Mr. Speaker, unilateralism is not

healthy in a country as divided as we are today.

Mr. Speaker, this bipartisan committee will

sort out what is a right and what is a privilege. What

are the rights for Bermudians, and what is a privilege

for Bermudians? What is the right for a PRC and what

is the privilege for a PRC? I hear a lot of talk about

human rights issues and so forth. What right does

someone have who comes here on a work permit that

the employer renews repeatedly? There are a multi-

tude of views on that, Mr. Speaker. We know that

there are certain rights enshrined by law, equal pro-

tection under the law. But what right does that person

have to permanent status, and what right does that

person have to Bermuda status? A committee can

sort that out!

What you have to date is a Minister—I am not

even sure which technical people the Minister was

using—but you have the Minister who has made such

decisions and been supported by Cabinet. Bermudi-

ans have rights in their own country. Should Bermudi-

ans come first in their own country? I think everyone

who loves this country would say Bermudians should

come first in their own country. That is not to negate

the right of anyone else whom we invite here on work

permits and so forth. But we have to assess it. Again,

you have the parliamentary committee to do so. It

avoids a unilateral approach on such matters.

Another issue of great concern is that of the

family unit. No one on this side wants to see policies

and laws in place which have the effect of dividing

families and giving families different political rights or

a different political status. It is inappropriate for one

person in a family to have Bermuda status, someone

else to be a PRC or be on a work permit. So we want

to see common political status. We have not even had

that discussion with the Government because they

refuse to talk about it. They refuse to engage in dia-

logue. And if you go by all the rhetoric, racist com-

ments or provocative comments that you hear and

read about in social media, you would think Bermuda

is about to be at war with itself. So I appreciate, Mr.

Speaker, your recognising the urgency of this.

But when it comes to the family unit, we need

to find a mature and responsible solution so that fami-

lies do not find themselves divided on this issue of

different political status. This is our opportunity. This is

the opportunity for this Parliament to demonstrate

leadership that transcends what many see as a more

narrowly defined political agenda that has less to do

with the human rights, has less to do with rights of

long-term residents, but more to do with a more crass

political motivation.

Mr. Speaker, this bipartisan committee will

address a very delicate issue about what right and

what privileges people should have who are born

here. Should everyone born in Bermuda have Ber-

muda status, as is the case with citizenship in the

United States or Canada? Or should we look at a

modification based on what you see in the UK, Ger-

many, and other countries, where being born in a

country does not automatically grant you citizenship

rights?

Our policies have to be determined based on

our circumstances. And so, those who wish to refer to

the European Convention on Human Rights should

read it very carefully. Do not just read the part about

the importance of the family unit, because everyone in

this Parliament I know recognises the importance of

the family unit. But what the European Convention on

Human Rights says is that any policies you advance

should be mindful of local circumstances.

And, you know, there was an actual provision

in the European Convention which says that, if the

administering powers (i.e., one of the Colonial powers,

like Britain, the Netherlands and France) are to apply

or to extend this convention to their territories, in

France, the département. In Holland, the Netherlands,

it is one of their integrated territories in the ABC coun-

tries, in the Caribbean, or the British Overseas Territo-

ries. They have to be mindful of the small sizes of

these populations. That is the European Convention

on Human Rights.

So, what should be the criteria in place? At

one point, we has 12,000 work permit holders in Ber-

muda. If 6,000 had children born in Bermuda, would

this Government say they should all be granted Ber-

muda status? What should be the policy? What

should be the legislation in place? Any legislation in

place has to be mindful of what is a right, what is a

privilege, what are the rights of Bermudians, and the

rights of those who are here on work permits.

These are delicate issues, Mr. Speaker. They

are sensitive issues. We are sensitive to that sensitiv-

ity. And we believe that a bipartisan approach is the

only way to properly and fully address these issues. In

the absence of bipartisanship, Mr. Speaker, this coun-

try is going to go through a period of turmoil and un-

ease, and that is not good for anyone.

Intimately connected to the whole question of

PRCs Bermuda status is that of work permit policy. I

do not know how anyone could not see work permit

policy as being an integral component of this whole

notion of moving toward a lessening of restrictions

with respect to PRCs and Bermuda status. Work per-

mit policy is enshrined in the Bermuda Immigration

and Protection Act 1956. So you cannot separate

work permit policy from immigration policy.

Mr. Speaker, there are some very interesting

components in the Immigration and Protection Act and

1156 7 March 2016 Official Hansard Report

Bermuda House of Assembly

in the work permit policy that tie in directly to longevity

of stay and opportunities for Bermudians.

I will give you a couple of examples, Mr.

Speaker, that this bipartisan committee will have to

look at. We already have in immigration policy a pro-

vision that requires nannies to be paid a minimum

wage of $10 an hour. It is minimal. It is not enough to

live on. But at least it is a minimum base wage. That

base salary, Mr. Speaker, is not sufficient to attract

locals to apply for those positions. Because when you

juxtapose the very low salary, the very low wage, with

the working conditions, it is contrived to ensure that

Bermudians do not apply for that position. And so, you

will have someone in a position for five, ten or fifteen

years precisely because no Bermudian is going to

apply for it. And the employer knows that.

So, we have to consider in this bipartisan

committee what is an appropriate wage or salary for

workers, because it is that, Mr. Speaker, that is being

used to deny Bermudians opportunities and lead to

the denial of jobs that leads to those staying here for

15 or 20 years, working as nannies or in other areas.

When you have hospitality sectors paying

people $5.25 an hour, you are not offering a living

wage. You are contriving a set of employment circum-

stances that effectively deny Bermudians jobs. We do

not have a liveable wage. And you cannot look at this

apart from immigration policy, where the employer

says, Oh, well. I’ll see how much of the gratuities I am

going to share with my staff this week, where you rely

on the good graces of the employer. Now, the em-

ployer has an incentive to hire only foreign workers in

certain categories because employers do not need to

pay pension for work permit holders. If you have 10,

15 or 20 employees, you are going to structure your

business to maximise [using] foreign workers because

it is reducing your cost. It is a basic economic decision

that employers make.

So you cannot extricate work permit policy or

wage scales from any proper discussion of immigra-

tion policy, Mr. Speaker. This has to be an item in-

volved in immigration reform, comprehensive reform.

It has to be an item that is discussed by this commit-

tee. These are some of the issues, Mr. Speaker, that

we need to look at. Every time a PRC certificate is

issued, that job has been removed from work permit

control. That job is no longer open or available to a

Bermudian to apply for.

A Government has to be sensitive to these

kinds of issues when you have 3,000 people unem-

ployed. And I have heard some very disparaging re-

marks about people who have been out protesting

and so forth. The reality is that those who are out of

work today, Mr. Speaker, fill the gamut in terms of

qualifications, experience and skills. It is not one sin-

gle class. I have heard the group described as a mob,

uneducated people. Only those who have contempt

for the people use such language, Mr. Speaker. And

when you use such contempt, people respond accord-

ingly.

We have a volatile environment. We do not

need to have a volatile environment. We have to have

an approach that is focused on compromise. Com-

promise has to be a critical part.

I listened to a speech by President Obama a

few weeks ago. Everyone says they love Obama

here. Everyone here says they love President Obama.

And everyone wants to embrace his approach to poli-

tics. And each side accuse the other side of being like

the Republicans. But let us take a lesson from

Obama. He made a speech a few weeks ago. One

very powerful statement he made, among many pow-

erful statements. He said (and I quote—well, I para-

phrase. I may not get it exactly right.) He said, If you

cannot compromise, you cannot lead. Let me repeat

that: If you cannot compromise, you cannot lead. Be-

cause no leadership, no matter how many votes you

have, can decide to act in a unilateral manner on all

major policy simply because you have the votes. Hav-

ing the votes in Parliament does not mean you get the

support of the people.

When Parliament refuses to act in ways that

reflect, respect and respond to the public interest, the

public has a right to reject what Parliament does. The

[people] have a right to reject parliamentary measures

and resort to extra-parliamentary measures.

But here we are, Mr. Speaker. We have a sa-

cred duty to respond in ways that are meaningful and

respectful and reduce the tension. This is our oppor-

tunity today. This is our opportunity today, Mr.

Speaker.

One of the other items for discussion on this

committee for bipartisan reform will be to look at the

category of PRCs who are investors into Bermuda.

Should we create a category for the super-wealthy

who are either going to invest a significant sum of

money or buy a significant property? We already have

laws on the books which say that if you buy a property

of a particular value, in a particular area, you get the

right of residence. We have that already on the books

for one property that I know of.

But consider wealthy individuals who are not

interested in coming to work in Bermuda, but they

may set up a business and hire people. What provi-

sions can or should we make for these investors, who

will bring money into the country, who will develop

new businesses? Let us forget about the job makers. I

have been a critic of the Job Makers Act since it was

first tabled. And yes, you could talk about whom it was

tabled under. These individuals are not job makers. I

do not know why it was called a Job Makers Act,

right? The investments of these companies came from

the mutual fund, the hedge fund. These guys (be-

cause they are mostly guys—it is a very sexist sort of

enterprise, this segment of international business) do

not invest money. They benefit from the investments

of others.

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Bermuda House of Assembly

So if you want to create pathways to PRCs for

the investors, talk to the guys who are putting up the

money, not the guys who benefit from getting the

high-paying jobs, because they are not creating the

jobs. Yes, they have a big economic impact. But the

Job Makers Act is a misnomer, and we need to look at

providing, or at least assessing, what can be done for

those individuals who are truly bringing money into

Bermuda, who are creating these opportunities for

growth, and particularly those who might be looking at

new areas of investment. So these are some [ideas],

Mr. Speaker.

The last issue that I will raise that I think could

be a matter for discussion with this bipartisan commit-

tee is the notion of equal political rights for everyone

who has Bermuda status. Because right now, Mr.

Speaker, those who have Bermuda status, we do not

have equal political rights. And some may be con-

fused by what I mean. The reality is that an American

who acquires Bermuda status can sit and serve in this

Parliament. If, on the other hand, I decided to go and

[I] take on American citizenship, I would be ineligible

to sit in this Parliament.

So how can we, in the twenty-first century,

want to move full steam ahead looking at this series of

immigration reform and not tackle the issue of equal

political status?

I know. It is based on an old colonial model,

because our Constitution says that if anyone has

sworn allegiance to another party other than the

Queen of England, then you cannot serve in our Par-

liament. So why should I be denied the right to take

out citizenship in a non-commonwealth country unless

I am prepared to give up my seat in Parliament,

whereas someone who comes from a non-

commonwealth country can do so?

Just for the record, Mr. Speaker, I have no in-

tention of taking out citizenship in any other country. I

have no desire. I travel wherever I want to travel. I do

not have a British passport; I have a Colonial pass-

port. Let us just get that straight. And as I said before,

Mr. Speaker, I would renounce my British citizenship

tomorrow if it did not render me stateless. So I am

caught in a bind. I am British because they passed a

law.

But here there is a principle involved of un-

equal political rights. So, for all the comments by this

Government about human rights and so forth, you

have never once heard this Government talk about

the human rights and equal political rights for those

current Bermuda status holders.

So, Mr. Speaker, I have outlined eight or nine

items that could and should legitimately be addressed

by a bipartisan committee of this House and another

Chamber. This is a sincere effort at taking everyone

back from brinkmanship politics. This is our opportu-

nity today, Mr. Speaker. For three years we have

called for it. We watched the Government engage in a

series of measures with respect to immigration reform,

which has demonstrated callous disregard for the leg-

acy of the past, callous disregard for the sincere ef-

forts toward a bipartisan approach. And even amidst

all of that, Mr. Speaker, against that backdrop, we

stand before you today, we stand before Parliament

today and we stand before the people of this country

today, Mr. Speaker, to say, Let us engage in a sincere

bipartisan effort. These are the items we have tabled.

We want to get away from brinkmanship. And we are

saying to the Government, Let us do it for the people

of this country. Let us do it for those who hold work

permits in this country, Mr. Speaker. We do not want

to see things further unravel.

I know there is a lot of cynicism all around this

country. But we are united on this front. We want to

see a demonstrated commitment. This is our opportu-

nity, Mr. Speaker. This is [possibly the] last opportu-

nity for Parliament to show it can rise above the divi-

siveness that has been so inherent in what we have

been doing since 2012. It is an opportunity to show

genuine leadership. But also, Mr. Speaker, it is an

opportunity to show genuine love and concern for the

future of our country.

Thank you, Mr. Speaker.

[Desk thumping]

The Speaker: All right. Thank you. Thank you, Hon-

ourable Member.

The Chair will now recognise the Honourable

and Learned Attorney General, T. G. Moniz. Minister,

Attorney General, you have the floor.

Hon. Trevor G. Moniz: Thank you, Mr. Speaker.

Well, we seem to be in a very curious position

today. We are revisiting the Motion to Adjourn on Fri-

day evening, when we debated this issue at great

length. And we are anticipating the motion that the

Member already has on the Order Paper, number 22.

I was listening carefully to the Honourable

Member to say, well, was there anything new in his

speech today from what I have heard before? I really

could not find anything new. And I was looking for the

urgency. I mean, we are talking about urgency the

equivalent to the declaration of the Second World

War. So where is the urgency here? I could not see

any sign of urgency. The Member really did not speak

of any urgency. The only time I recall his mentioning

urgency was when he talked about people making

racist, provocative comments on social media. He

said that gave urgency.

Well, you know, unfortunately, people make

all sorts of intemperate remarks on social media all

day every day. And one of those was from that Hon-

ourable Member who, you know, when the Govern-

ment went out with this and this, that he said, This is

. . . I cannot say the word! But he said B-U-L-L-S-H-I,

and the last letter.

1158 7 March 2016 Official Hansard Report

Bermuda House of Assembly

So, he was up there, one of those people

making intemperate remarks on social media. He was

urging people to break the law. He was inciting people

to, as he called it, civil disobedience. And then he

comes to the House, some might say hypocritically,

Mr. Speaker, saying, Oh, we must pull back from the

brink! When, who is out there urging people to the

brink but the Honourable Member himself? He is the

one urging people to the brink.

Some Hon. Members: That is right. Yes, that is right.

Hon. Trevor G. Moniz: So some might say, Well, you

know, you cannot come here trying to wash your

hands and say, Oh, it is terrible, terrible, this situation

out there is getting out of control, when the person

making it out of control is, arguably, yourself. It is, ar-

guably, yourself.

Now, I am not sure where the Opposition PLP

stand on this. That Honourable Member, I understand,

is not in the Shadow Cabinet, does not speak for the

Opposition. He is not the spokesman for Home Af-

fairs. He is not the Shadow Minister of Home Affairs.

So, you know, I guess it will come clear during the rest

of today whether he is, in fact, the Opposition

spokesman for Home Affairs and he is speaking for

the Progressive Labour Party, he is speaking for the

Opposition, and he is the one in charge of their policy

on Home Affairs. And I guess that will become clear.

It looked clear on Friday evening when we

were doing the Motion to Adjourn on the same sub-

ject. And I suppose we will see whether that comes

clear today.

Now, we on this side of the House, we look

back at 14 years of the Progressive Labour Party rule.

And we remember many statements on this side of

the House. We do not remember any of their pre-

miers, whether it be Dame Jennifer, or the Honourable

Paula Cox, or Ewart Brown, we do not remember any

of them coming to the House and saying, Well, we

want to govern on a bipartisan approach. We want to

take a bipartisan approach on these important issues.

In fact, generally speaking, they took the opposite ap-

proach, particularly the Honourable Ewart Brown. He

said, Look, we’re over here and you’ve over there.

And, you know, you can say what you like, but we’re

the Government. We’ll go ahead and do as we think

appropriate.

An Hon. Member: You have your say, we have our

way.

Hon. Trevor G. Moniz: That is right. You have your

say, we have our way. That is what he said.

I do not remember Walton Brown taking issue

with that, the Honourable Member. I do not remember

his taking issue with that and saying that was an inap-

propriate approach for a Government.

[Inaudible interjections]

Hon. Trevor G. Moniz: I do not remember that.

[Gavel]

The Speaker: We are not going to have Members

shouting out! We are going to have Members speak-

ing and other Members listening.

Carry on, Attorney General.

Hon. Trevor G. Moniz: Thank you, Mr. Speaker.

And I do not recall the Honourable Member

Walton Brown ever being a shrinking violet on his

views, having to be in a certain place at a certain time

to express his views in any way. He is well known on

social media. I think he was previously a Member of

the Senate. He is now a Member of the House and

very free to express his views.

In fact, I seem to remember a speech trying to

show the distinction between Members, being dele-

gates of the constituency or being representatives. I

seem to remember the Member saying, Look. I do not

come here to just cast my vote the way I am told to

cast it. I do not go and find out what my constituents—

precisely what the majority of them want me to vote

on any given issue. I am not a delegate; I am a repre-

sentative. The constituents have elected me to use

my best judgment.

And he is in good company there. He is in

good company, again in the company of Winston

Churchill, some of the great leaders. You cannot an-

ticipate when you are elected what issues are coming

up. And you are elected to use your judgment. Yet

when someone else uses their judgment, he does not

like it. He says, That’s terrible! You must never use

your judgment! You can only be a delegate! You can

only do what you’re told! So there is one rule for him;

there is another rule for everyone else.

Mr. Speaker, we on this side of the House do

not like to see the House misused. We do not like

Members to behave in a manner which is unbecom-

ing. We certainly believe it is unbecoming of a Mem-

ber of this House to go out and encourage people to

break the law! But that is what that Member has done,

not once, but numerous times—and says he is proud

of it.

And, you know, we see this. The Members on

the opposite side on Friday were talking of hubris and

arrogance. But the Honourable Member compared

himself to MLK—compared himself to Martin Luther

King! Now, tell me what hubris is, Mr. Speaker! Tell

me what hubris and arrogance are. I think I can point

to it. I think I can see it. I think Glenn Fubler can see it.

Glenn Fubler wrote a letter to the paper about that

Honourable Member and his reference to MLK. And

he effectively, in the kindest, politest, most diplomatic

of ways, warned that Honourable Member Walton

Brown that he was going down the wrong road. He

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was saying to him that you should not be encouraging

this sort of behaviour in our community, encouraging

people to break the law.

And he went back, and he talked about the

general strike of 1980. I do not want to put words in

Glenn Fubler’s mouth at all. But it seemed to me that

he was referring to the strike of 1980 to say, Look.

You can win a battle and lose the war. We took the

view that we won the strike. We were full of ourselves;

what a great victory. But then businesses closed. Ho-

tels closed. People lost their jobs. They faced hard-

ships. And it was what is called the pyrrhic victory; you

win the victory, but the loss you suffer is greater than

if you had not taken those steps.

And that is the situation here. So, the Honour-

able Member is urging upon us, Do what we did not

do! Be bipartisan! We never believed in it when we

were in power. But YOU should be bipartisan! We do

not believe in it, but that’s what you should do. And

then go out there and encourage people to violence,

encourage people to break the law. And then come up

here and say, Oh, oh, we have got to stop before

people start breaking the law and we have unrest in

our society! Well, the unrest in our society seems to

be emanating from you.

He was talking about how this Government

should proceed. Well, the Government is proceeding

in an appropriate fashion. The Government is putting

out its policy, it is putting out its initiatives. It tried to

have a public meeting, tried to have a public meeting,

but was shouted down, which is an unlawful act en-

couraged by that Honourable Member. And what did

the people say? We don’t want to hear you! We don’t

want to discuss this! That is what those protesters

said. We don’t want an open debate! We don’t want

the facts to come out. We want to take a strictly politi-

cal position. We want to stifle debate. We want to

shout you down!

We saw the same thing Friday. If someone

tried to speak, they want to shout, No, no, no! And

then they want to talk about bipartisanship. Well, to

me that does not represent bipartisanship. The way

you reach bipartisanship is by reaching out your hand.

But I do not think that is reaching out of the hand.

Now, as I have said in this House more than

once, let the Government table its Bill. And then you

discuss that Bill. Then you have something to discuss.

Until that point, you do not really have anything to dis-

cuss. Government have listened. They have heard the

views. They have read the report of the Fiscal Re-

sponsibility Panel. We know that report says in detail,

and it has been repeated by the Honourable Finance

Minister in his brilliant Budget Statement, to say, Look.

Our society is being hollowed out. We have a shrink-

ing birth rate. We have an ageing population. You

need to get people here. You need to get people con-

tributing into your health system so they make their

contributions to the Mutual Reinsurance Fund that

support FutureCare and HIP. You need to get them

paying into pensions because our pensions are under-

funded and are at risk of eventual (not present, but

eventual) collapse.

These are the independent economists telling

us this. We know that previously, when the Members

on that side were sitting on this side, we know that

they complained about the hollowing out of our soci-

ety. The then-Minister Patrice Minors, the Honourable

Patrice Minors, complained. The Honourable Member

Zane De Silva brought it to the attention of the House.

He has made statements about it. We have a problem

with the hollowing out of the population. They recog-

nise that. We are trying to address it.

Now, they may not agree with how we are try-

ing to address it. They are entitled not to agree. They

are not required to agree. All they are required to do is

to allow us to bring our initiative. They are entitled to

debate it, and we are entitled to vote on it. That is a

thing, Mr. Speaker, which I have always called “de-

mocracy”! But the Members on that side do not like

democracy because they do not like sitting on that

side. They want to act as if they are still the Govern-

ment. And they want to say, We must have our way.

Their ex-Leader, the Honourable Ewart

Brown, said it at a public meeting. He made no secret,

you know? He made no secret. He said, You cannot

wait for an election. You cannot use the democratic

process. You have to close this Government down

any way you are able to. You cannot allow them to . . .

What is the worst thing we could do? What is the

worst thing we could do? The worst thing we could do

is to be successful, to turn around the disaster that

they left us of an economy. That is the worst thing we

could do is to turn that around to have Bermuda

headed in the right direction.

And they know we are headed in the right di-

rection! They know we have the America’s Cup! We

know that consumer confidence is up. They know that

business confidence is up. They know that we are

beginning to turn around the bottom of this economy.

They know we are beginning to create more jobs.

They know that! Are they on board with it? Some-

times, they say they do. And other times, they say

there will be no cooperation with this Government. So

they seem to be schizophrenic. Do they want Ber-

muda to be successful? Or is their real aim to be the

Government again?

We would like to work together with them. We

would like nothing more than to work together with

them, and very happy to do that, very happy to talk to

the Honourable Member Walton Brown or anyone

else on a public platform or private platform. Any day

of the week, any place they want it to be, I would be

there to discuss this. But this is obstructionism. That is

all it is. There is no matter of urgency today.

Now, Mr. Speaker, I do not want to say that

you have been hoodwinked. But we on our side do not

agree that this is a matter of urgent public importance

that we have to adjourn the House during Budget,

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Bermuda House of Assembly

which is the most important time of the year. We de-

bated all of this on Friday night. We are going to de-

bate it all once again when we get to Order No. 22.

And we wish to table legislation to move the Island

forward.

The Honourable Member raised many issues.

Most of them were red herrings. He spoke about

commercial immigration. And we have looked at it. We

looked at it in depth for a long period of time. And he

says, Why now? Why now? Why are they doing this

now? Well, because at first we looked at commercial

immigration. Our Minister went to conferences. We

had consultants. We had papers. We looked at this up

and down and backwards and forwards. But guess

what? There was no answer in commercial immigra-

tion. There was none. There was none.

So we came back to this. And we felt that this

formed the best way forward for this society, to have

people who are here already, who are assimilated into

our society to stay here, to keep them here. Why is

that important, Mr. Speaker, you might ask? That is

important because all those people have savings. And

if they have no hope of remaining in Bermuda, I think

we can all guess what they can do with their savings.

They send them back. There was an estimate, I think,

that the last 10 years something like $1.6 billion had

been remitted to home countries of people who were

here on work permits. Well, we want to keep that

money in Bermuda, in this economy, supporting HIP,

supporting FutureCare, which are underfunded, heav-

ily subsidised government programmes. We want

them to support our pension system, and we want that

money in our community producing jobs for people,

producing incomes for people.

You can see the beginning of the economy

turning around. You can see an increase in planning

applications and building permits. You can see things

are moving forward now. And there are some people

who probably would not like that to happen. We don’t

want this Government to be successful. We don’t want

them to be successful. We want to sabotage the eco-

nomic recovery of this country. And I hope the Mem-

bers of that side are not included in that group of peo-

ple.

The Member on that side talks about respect

and understanding. I wish people who talk about re-

spect and understanding would have some. Respect

and understanding of the democratic process—we are

doing what we are required to do.

And it is strange, you know, that the Member

gets up and he speaks about minimum wage. He talks

about nannies. He says he does not want families to

be split. Well, we are all agreed on that! We are all

agreed. Well, he has agreed with us on that. I do not

know about the other Members on his side. But if he

speaks for them, if he is their spokesman for Home

Affairs, then I can take it they all agree. Otherwise, I

can only take it that he agrees. But if he agrees with

keeping families together, he agrees with all of these

issues, then all he needs to do is to say so and move

forward! But he is saying, No, no, no, no. We need

this joint select committee, and I need to be the

chairman and it needs to go on for six months or a

year. We need to waste more time discussing these

things.

Mr. Walton Brown: Point of clarification, Mr. Speaker.

The Speaker: Point of clarification?

Are you all right?

Hon. Trevor G. Moniz: Yes, I will accept that.

The Speaker: Yes.

POINT OF CLARIFICATION

Mr. Walton Brown: The Member is getting a little

loose with this thing. It was six months and only six

months.

The Speaker: Attorney General.

Hon. Trevor G. Moniz: I will accept that. But time is

passing very quickly, as he well knows. And we have

already wasted time because we were looking at

commercial immigration, which as I said, came to

naught at the end of the day. So it was sort of disap-

pointing in that regard.

So, I have seen much of this before. I am per-

haps the Member of this House, who has been con-

cerned the longest with matters of long-term resi-

dence. I started campaigning on their behalf in the

early 1990s, at least 1992. And then people thought I

was the weirdest of animals. Why are you, as an as-

piring politician, supporting people who do not have

the votes? They cannot help you. And everyone else

is going to vote against you. But that was not true, you

know. That was not true. Bermudians have an innate

sense of justice that they exercise. And that is what

they did in that case. That Honourable Member de-

parting the Chamber did not like that. But it is the

truth.

And we made changes in the 1990s. And

these same allegations were made then. They did not

have any effect on the election in 1998. In fact, it was

probably the other way around because I think people

felt that the then-UBP had not done enough. And a lot

of people that the UBP felt should have supported

them supported the Opposition—surprise, surprise.

And there was an overwhelming victory. And they did

not complain about that. They did not say that that

amnesty that was held in 1994 and forward from there

until the election affected that at all.

And then they went on and did the PRCs. And

I give them credit for that. But they admitted that that

was only one shoe that dropped. They admitted that

these people had to have rights. Under the European

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Bermuda House of Assembly

Convention, they had to have rights. You cannot keep

people in second-class citizenship. They have to have

rights. So, for Bermuda—

Mr. Walton Brown: Point of order.

Hon. Trevor G. Moniz: —it makes sense for a num-

ber of reasons.

The Speaker: Yes, Honourable Member. Your point

of order?

POINT OF ORDER

[Misleading]

Mr. Walton Brown: Yes. The Honourable Member is

misleading the House. There was nothing in the Euro-

pean Convention on Human Rights which speaks to

that.

The Speaker: All right. Thank you.

Attorney General.

Hon. Trevor G. Moniz: Yes, but there was also the

UN Conventions which speak to political rights.

An Hon. Member: That is right.

Hon. Trevor G. Moniz: The International Convention

on Civil and Political Rights also speaks to it. You

cannot go ahead and have people with second-class

rights. Some of them might say, Well, Bermuda is not

independent, so we are not true citizens, so the rights

do not apply. I disagree. I disagree. As a lawyer, I say

the same rights apply to those people. They have

those same human rights. It does not change.

But the Member keeps blowing hot and cold.

He wants to go out and say, I support these people. I

feel sorry for the Filipinos. I want family rights. I want

people to be together. And then he turns around and

says, Oh, but Bermudians are threatened, and we

cannot have this. And we have got to put it off and

have this committee. And you sort of wonder, well, is it

a case of a politician who wants to be speaking out of

both sides of his mouth, to say, I support this side. But

I support the other side. And let’s set up a committee.

Let’s look at it, and let’s go nowhere.

This Government is trying to be decisive. We

are trying to put forward a plan. Let us put the plan

forward. The Members of that side can agree. They

can disagree. We can discuss it ad nauseam, which is

democracy. That is democracy at work. And I do not

know why the Members on that side disapprove of

simple democracy. There is no . . . He talked about

people having crass political motivation. There is no

crass political motivation on this side. We are trying to

turn the economy around, and this is the way of doing

it.

I do not think it is going to have any political

outcome. In fact, the backlash is likely to be the other

way, as it was in 1998. You know, in 1998, people

thought we had not gone far enough. So I do not know

what political calculus people think that we have on

this side. It would not make any sense if you had half

a brain to look at it. It would not make any sense. The

Members on that side perhaps are running scared.

But they need—

[Inaudible interjection]

Hon. Trevor G. Moniz: And the last thing I will say,

Mr. Speaker, is I hope—I hope that the Royal Gazette

today (there is a recorder in the House) sees fit to ac-

tually report both sides of the debate. Friday night on

the Motion to Adjourn, the reporter only reported one

side of the debate. I thought that was very strange. I

thought one of the basic tenets of professional journal-

ism was you had to report both sides of the debate,

whether you agreed or not. You have to say, Well,

one side said this, and the other side said that. So I

just hope that we get some reporting of both sides of

the House today.

So the other side, they love to complain about

the Royal Gazette, so I thought, Well, let me have a

little complaint. Because I think they cry in their milk a

little too much. Thank you, Mr. Speaker.

[Desk thumping]

The Speaker: Thank you, Honourable Attorney Gen-

eral.

The Chair will now recognise the Honourable

Member from constituency 33, MP Jamahl Simmons.

Mr. Jamahl S. Simmons: Thank you, Mr. Speaker,

and my personal thanks for accepting this motion and

understanding the importance of this motion. And

thank you to my colleague, the Honourable Member,

Mr. Walton Brown, for bringing this to the House.

This is a matter of national urgency. It is a

matter of that. And, Mr. Speaker, you would know

first-hand, having lived this history before, there are

few people in this Chamber who have lived this history

before. But we seem to be on the path of, those who

do not learn from the past are going to repeat it.

Mr. Speaker, when the Honourable Member

who just took his seat was speaking, I almost felt as

though I had been caught in a time warp. I almost felt

that we were back in the 1930s, when the same ar-

gument, the same line was being dropped by Honour-

able Members who, quite frankly, if there had been

political parties back then, would have been OBA, that

we need to increase the population for the economy.

We need to get these people in here working, while at

the same time, bringing in people like Margaret

Sanger to reduce the black population, encouraging

emigration of black people.

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Mr. Speaker, it is the understanding of this

history that should create empathy, because there is

an old story somebody told me once. They said, If my

grandfather got eaten by a shark and my father got

eaten by a shark, I at least should be respected for

not wanting to be around sharks. Now, when our

grandparents had this same line dropped on them,

Oh, it’s not about political manipulation. It is about the

economy, what happened, Mr. Speaker? When our

parents experienced this, when the same line was

dropped, what happened, Mr. Speaker?

You know, the playbook gets funny, you

know, because we hire all these foreign consultants.

They could have just gone to the records and Parlia-

ment and just read what the likes of Sir Henry Tucker

and people said back then. They could just read it.

They do not even need to pay anybody to write any-

thing for them. They could just read it off, because it is

the same line. And, Mr. Speaker, that is why this is a

matter of urgency.

Mr. Speaker, I was reading in the old archives

of how Dame Lois stood on this House and warned

the Government before the hanging of Buck Burrows

and his compatriot, and warned them. And do you

know what the then-Government said? You are insti-

gating this. You created this. No, Mr. Speaker. Just as

it was then, we are reporting what we are hearing. We

are standing for our constituents. Because marches

and a little disruption can be managed. If we continue

to not learn from the past, there are things that will

happen that cannot be managed as easily. And that is

why we are here, because we love our country.

The Honourable Member spoke utter, utter,

errant nonsense when he said that we want them to

fail. Mr. Speaker, let me tell you. We have family

members who are out of work. We have siblings and

neighbours and cousins and people who are out of

work. And quite frankly, there needs to be positive

progress. But I am mystified as to how people who

have jobs already, who have jobs, who are earning a

living, earning more in many instances than Bermudi-

ans, on average, why the urgency of now for them,

but not for the unemployed Bermudians! Why is that,

Mr. Speaker? Why is there no . . . You know, the

Government of Jamaica has a very good programme,

and I know a lot of our honourable colleagues across

the way do not feel very positive about the Caribbean,

but they could learn a lot. They have a programme

where they constantly seek to re-patriot Jamaicans of

ability. India has a similar programme. Mexico has a

similar programme, as well. Why are we not seeing

the effort to bring back the talent and intellect and abil-

ity of Bermudians who have left, some because they

had no choice, some because of better opportunities?

But why are we not as eager to bring them home?

Mr. Speaker, those who do not learn from the

past are doomed to repeat it. And this could be 1930,

it could be 1920, and we are having the same debate.

The only difference is just a few more black faces

here. That is the only difference. And it is sickening,

Mr. Speaker. I mean, I would like to refer to CURB’s

[Citizens Uprooting Racism in Bermuda] report on

Bermuda immigration, with your permission, Mr.

Speaker.

“Bermuda’s history of immigration is complex.

It involved repeated efforts to reduce the Black popu-

lation through multiple banishment/transportation of

hundreds of free Blacks over the first 218 years of

Bermuda’s history; followed by concerted efforts post

Emancipation to increase the white population through

laws passed to encourage emigrants; and finally in the

century by racialized immigration policies and

birth control.” That is our history, Mr. Speaker. Our

grandfathers and grandmothers were eaten by that

shark. Our fathers were eaten by that shark. And now

the One Bermuda Alliance wants to tell me that the

immigration shark has no teeth? How foolish they

must think we are! And to say that, Oh, you know, we

do not see any political ramifications—a party that has

lists of how many white voters are in each constitu-

ency, because that is how it measures what is a safe

seat and what is a marginal [seat]—white voters, the

number of white voters in a constituency.

Mr. Speaker, we need to be honest! We need

to be honest. Look at how this issue has divided us,

Mr. Speaker. If you are on social media, look at how it

has divided. And the Honourable Members on the

Government would say that we have created this di-

vide. Mr. Speaker, this divide was created long before

any of us were born. And there is a reason why two

groups of people, for the most part, see the issue

through this perspective. We were bitten by the immi-

gration shark; they rode it to prosperity. That is the

difference. And so, we see the urgency. We see the

urgency because people are hungry, Mr. Speaker.

People need jobs. You cannot tell me every-

thing is up when unemployment is up, Mr. Speaker!

You cannot boast about all these things when Ber-

mudians are the only job category that has lost jobs in

the past couple of years, the only one! PRC’s jobs are

fine. Non-Bermudians, are fine. Work permit holders

are fine. But Bermudians? No. So where is the ur-

gency of now for Bermudians, Mr. Speaker? That is

the question.

But, Mr. Speaker, let me go a little bit further.

There is a lack of trust for the One Bermuda Alliance

on this issue of immigration. And that contributes to

the historical knowledge that we shared, the shared

historical knowledge of what immigration approaches

have done. So, Mr. Speaker, with your permission, I

would like to briefly just go into the history of the One

Bermuda Alliance and immigration.

And to begin with that history, Mr. Speaker,

we have to go back to 2007, with the then-Leader of

the then-United Bermuda Party, Mr. Michael Dunkley,

who now serves as this Island’s Premier. In 2007 that

Honourable Member, in a previous life, pushed and

pledged to grant status to all PRC holders. That was

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Bermuda House of Assembly

the 2007 general election pledge, of which arguably,

they lost the election.

During the 2012 election campaign, on the

Everest DeCosta Show, the then-Deputy Leader of

the Opposition stated, on the Everest DeCosta Show,

that the OBA would not—would not be granting Ber-

muda status to PRC holders. Pre-election, the One

Bermuda Alliance promised that they would not scrap

term limits; they would only suspend them. So, Mr.

Speaker, they win the election, as is the democratic

process, peaceful transition of power. Mr. Speaker,

nowhere in their platform did they talk about granting

status to PRC holders. As a matter of fact, they de-

nied it. They ran ads saying we were lying, Mr.

Speaker.

So what you are seeing now is a Government

with no mandate from the people to take this position.

Because we have seen, when they tried to get a man-

date on it in 2007, they lost. Because they knew that

people knew they could not be trusted to manage that

process. And they still, Mr. Speaker . . . I can tell you

right now, I can say with pure clarity that if they had

put this in their platform, if they had had the courage

of their convictions that they believed this was about

human rights and we have to stand on issues of prin-

ciple, they would have lost again—because the peo-

ple do not trust them on immigration.

But let me continue, Mr. Speaker. On Janu-

ary 31

, 2013, the One Bermuda Alliance attempted

to grant the children of guest workers the right to

compete with our children for jobs, for summer jobs,

Mr. Speaker. While youth unemployment was at an

unprecedented level, they wanted to give jobs to the

children of working non-Bermudians, while Bermudi-

ans were out of work, while Bermudian youth were

unemployed. That is what they wanted to do, and the

public stood up, and they backed down.

Do you know why? Because the public knew,

Why did we not see that in the One Bermuda Alli-

ance’s platform alongside their scheme to grant status

to thousands of PRC holders? Because they knew the

people would not accept it. And they are being intel-

lectually dishonest in continuing to prate this story that

this is urgent and this is the thing, you know. Maybe

they looked under the hood and found something.

So, in February 2013, Mr. Speaker, continuing

the record of the One Bermuda Alliance on immigra-

tion and why the public does not trust them on this

specific issue, if nothing else, Minister of Home Af-

fairs, the Honourable Member from another place,

who sits in another place, Michael Fahy, unilaterally

abolished term limits without any form of public con-

sultation, opening the floodgates, opening the flood-

gates for issues that would come later.

Now, Mr. Speaker, February 13

, the Hon-

ourable Member who sits in another place, from an-

other place, Minister Fahy, proposed to amend the

work permit policy to allow the children of work permit

holders under 19 years old to work during the sum-

mer. That was forced to back down on February 19

So we look at the Job Makers Act, December 4

2013, making it easier and cheaper, Mr. Speaker. In a

government situation where we need money coming

in they made it cheaper for people of wealth and privi-

lege to gain their status. Hmm.

Yes.

Bermuda first, huh?

On July 23

, 2014 . . . Oh, wait, hold on. I will

go back. March 22

, 2014, the One Bermuda Alliance

amended the Companies Act, granting exempt com-

panies the right to acquire residential land, reducing

the stock of land available to Bermudians yet again.

And then, on July 23

, we have the Minister who sits

in another place, from another place, announcing that

they will grant PRCs the right to seek citizenship. So,

Mr. Speaker, this was not an agenda that the voters

signed off on. And that is why you have seen repeated

protests circling this House and circling the Cabinet

Office. The people feel deceived.

And, Mr. Speaker, they will go to the old line

pf their political forebears—the PLP did it. It is the

PLP’s fault. It is bad public relations. You know, our

public relations machinery needs to be fixed, which it

does. But it is not just that. It is not just that. Mr.

Speaker, a people cannot be led in a direction they do

not want to go. If we were inclined to go out and stir

up some trouble and make the natives restless and all

the other euphemisms that they like to use, if the peo-

ple did not feel it, they would not move on it. And, Mr.

Speaker, the people are getting tired. They are getting

tired of marching. They are getting tired of the Gov-

ernment not listening.

Mr. Speaker, the reason why the Honourable

Member, spoke of our record in government (and

rightly so) as saying, Well, you didn’t believe in bipar-

tisanship then. You didn’t believe in all that, you know,

and all this sort of chest-beating and dramatics that he

has become prone to . . . and, Mr. Speaker, perhaps

that is one of the reasons we are sitting over here.

The One Bermuda Alliance likes to paint this

picture like political parties are static, that we are un-

changing and we do not grow. But political parties are

based on the people who make up the parties. They

make up the people. And, you know, he threw a little

stone, asking who speaks for Home Affairs? Mr.

Speaker, on this issue, as with so many issues, this

Progressive Labour Party is united, because this is

bigger than politics. It is about the future of our chil-

dren and about the security of generations of Ber-

mudians unborn. So you can play those games all you

want. We are united on this issue.

Bipartisanship, Mr. Speaker. You know, for

years, the One Bermuda Alliance and all their political

predecessors used to espouse the value of, We need

to come together. We need to come together, the best

and brightest minds uniting on the issues as all of our

people. But it never actually really happens. But, Mr.

Speaker, that philosophy that has been thrown out

1164 7 March 2016 Official Hansard Report

Bermuda House of Assembly

there as a vote-getting measure actually has some

merit. Because the Westminster system does a dis-

service to our people, because we do not always have

the best and the brightest working on the ideas and

the solutions that benefit our people. We do not.

So, Mr. Speaker, the One Bermuda Alliance

campaigned on a vision of a better way, a new way of

doing politics. If they felt that we rejected bipartisan-

ship and that that was terrible that we did that, then

they have an opportunity to not do the same behav-

iour. Because I think the people are also tired of the

excuse, Well, you did it, too, the childish, pedantic

approach of, You did it, too, so I’m going to do it, too,

not realising that perhaps that is the reason we lost.

And, Mr. Speaker, look. If the economy is

booming, right . . . if I have got money in my pocket,

everybody has got money in their pocket, it is better

for everyone. Okay? So let us drop this lie that the

Progressive Labour Party wants to see this economy

fail and this Government fail. We want to beat you at

your best. I want you to build hotels all up and down

this Island. I want you to make the economy boom.

And then I want to come in there and kick your back-

sides out of Government, because our vision is better,

because our hearts are in the right place! And I be-

lieve that most of my colleagues, if not all of my col-

leagues, share that belief.

We are about what is good for the country.

And that is why this is a matter of importance. That is

why we are standing here, as Dame Lois stood here,

asking the Government to change direction. Those

who do not learn from the past are doomed to repeat

it!

There are clouds gathering around this coun-

try that we cannot form, nor can we stop. But what

can be done is for us to sit down, put our best and

brightest minds together and look at immigration in a

holistic fashion. If we need to bring in more people to

boost our economy, who are they? Where are they

from? What jobs will they fill? What jobs will they cre-

ate? If we need to look at our work permit policies,

what can we do to make it more efficient for business?

What can we do to make it more streamlined? But

also, what can we do to eradicate and stamp out the

issues that lead to Bermudians being discriminated

against in favour of non-Bermudians? Because that is

the key. If our immigration is working, a lot of these

issues will not matter. You would not have somebody

sitting up [here for] 15 years and the shenanigans

played by certain members of the business commu-

nity, to keep some people here. You would not have

Bermudians having to train non-Bermudians to be

their boss and to be their supervisor and try to give

them the basic skills they should have had.

We need to have this immigration reform and

get it right. And it does not mean that the One Ber-

muda Alliance goes off into a smoke-filled room

somewhere and does some political calculus and

does what they do. It is not appropriate on this issue,

Mr. Speaker. The history says it is not appropriate on

this issue. And it is not about control, Mr. Speaker. It

is about making sure that we do this right. This Bill

that the Honourable Government has put in place . . .

when they lose, if they continue to go forward with

this, we will reverse it. We will repeal it. And if that

cannot be done, then we will find other ways to undo

the damage that they have wrought. That will then be

our history, tit-for-tat immigration policies. That cannot

be the right way. That cannot be the right way forward

if we want to have stability.

If we could sit down and map out a future that

we can have some consensus on, some consensus

on, and take to the people. We can dial down the

temperature. We can give people confidence that both

sides of the aisle are interested in Bermudians first,

getting our people together. And let us talk about

bringing our people home, the qualified, capable, intel-

ligent, talented Bermudians who gained skills abroad.

Let us strategise. Let us get all these ideas together.

Let us look at the families who have been split up by

the injustices and by the loopholes and the problems

with the laws. Let us address that. Let us address the

fact that there are some people who have been rolled

over repeatedly who, quite frankly, should not have

been. Let us address that. But let us take care of all of

it.

Mr. Speaker, the PRCs are working. They are

working. So there is no urgency to take care of them.

They are working. Now, you may say, Well, the real

estate people will benefit because they may buy a few

houses here, which is fine; we accept that. But they

are working. Their job category is not shrinking in

terms of employment. Bermudian [jobs] are, Mr.

Speaker. And quite frankly, if we are not focused on

Bermudians, then why are we here? Why are we here

if we are not focused on Bermudians?

Mr. Speaker, part of the challenge that I have

seen is the . . . I spoke on this on Friday. And we are

not just facing the redefining of marriage in this coun-

try; we are facing the redefinition of what a Bermudian

is, Mr. Speaker. As we speak, who a Bermudian is

and what a Bermudian is—our very culture, our very

identity—is being subverted. We hear the people

online saying Bermudians have no culture, you know,

that there is no such thing as a Bermudian except a

cahow and the skinks. But that is utter foolishness,

Mr. Speaker. We are a blending of the Caribbean, the

blending of Africa. We are the blending of Asia. We

are the blending of North America and Canada. And it

has produced something that is uniquely ours, even

something as simple as people who say Good morn-

ing to each other when we pass across the street.

Mr. Speaker, as a child I had many teachers

who came from the Caribbean, who came from the

UK, who came from different domiciles for work. But

the one difference that I remember is that they be-

came a part of our community. They did not change

us. We helped embrace them. They became a part of

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Bermuda House of Assembly

us. There was no overwhelming desire that I saw too

often to make us like them, to make Bermuda a little

England, a little Toronto, a little Jamaica. There was

an embracing of our culture. There was a respect of

our culture. You did not hear these folks running

around denigrating Bermuda. At least, they had

enough sense in that era not to do it publicly.

Mr. Speaker, when you go onto social media

and you see the venom and the racial hatred and the

slurs and the ignorance that come out of people who

declare themselves One Bermuda Alliance support-

ers, proudly sign their name to some hateful lan-

guage, it is reminiscent of what went on when we

were doing this dance in the 1930s, in the 1950s, in

the 1970s. So we have a history that contextualises

this entire process. And it is because of that history,

Mr. Speaker, we have to, collectively, all 36 of us,

recognise that we are on the brink. This is a matter of

national importance. We are on the brink. And we can

together pull back from the brink, and we can together

address this.

You can still have your thousands of PRCs,

perhaps. You can still have your new voters, perhaps.

But let us talk about the full picture, how this will be

managed, how this will be done, how we can create

something that all of us together can move forward

with, not just after next election, but after the election

after that, and continuing to constantly tweak and re-

form and do things that will make it work for Bermudi-

ans.

That is a very important conversation, Mr.

Speaker. We have to . . . and I do not think that the

Government appreciates this. You know, when the

Honourable Member talks about how they spent all

this money and all this time on commercial immigra-

tion, they seem to forget that we told them it would not

work. They seem to forget that. We could have saved

them a lot of money if they had just listened to us. But

they were not listening. So the Honourable Member

who just took his seat admitted the Government

wasted money, wasted time, on a project that pro-

duced nothing. And we told them that. They won, but

they did not listen.

So you would think, by now, that the penny

would drop. You know, last Friday, not reflecting on a

previous debate, an Honourable Member said, You

know, you keep giving the same speech. Well, my

grandfather, who was a schoolteacher, said, For slow

learners, you need to repeat yourself. For the hard of

hearing, you need to repeat yourself, maybe even

raise your voice. For the remedial student, you have

to repeat yourself.

Mr. Speaker, this is such an important issue. I

mean, this is something that I am terrified for my

country. And I am concerned not just about the ero-

sion of what a Bermudian is and who we are and our

values and our standards and the things that make us

who we are. I am concerned that we are going down

the path we went down before. And it will be different.

It will be like nothing we have ever seen before. And I

am terrified of that, because I have seen in other

countries how it goes. And we are cultivating, together

cultivating an environment that will not be pleasant

and will not be for the benefit of the economy. It will

not be for the benefit of business. It will not be for the

benefit of tourists. It will not be for the benefit of any of

us. So that is why we want to pull back from the brink.

This country, Mr. Speaker, the Honourable

Member thinks I jest. This country is on the brink of

war. And I say that with no hyperbole. There is a cloud

over our country that has been a direct result of lack

of trust, lack of corroboration, lack of communication,

and lack of a willingness to just sit down as Bermudi-

ans in the values that we claim to aspire to, working

together, working together, our best and brightest

minds working together.

How can anyone object to that? How can

anybody object to that? What is wrong with a biparti-

san approach to comprehensive immigration reform? I

have heard no real reason for the haste in rushing

forward with this. And I have seen many reasons, both

political, economic and social, for us to take a breath

and pause.

I just think that we put this motion down as a

last-ditch effort to bring us all together. And we are

going to continue to hold our hand out. We are going

to continue to strive for us to put our best and bright-

est minds together and tackle this thorny problem for

the first time in our history, Mr. Speaker. For the first

time in our history, we have an opportunity for the best

and the brightest to get together and make this work.

How could anybody oppose that? What right-thinking

Bermudian who loves Bermuda could oppose that? It

makes no sense, Mr. Speaker.

But, Mr. Speaker, I believe that it is important

that the people let their voices be heard. And that is

why, Mr. Speaker, I encouraged the members of the

public to reach out to the One Bermuda Alliance, to

contact them by phone or by e-mail or by whatever

venue works for them, because they need to hear

you. They need to hear you. It makes no sense you

whispering to us about how upset you are. It makes

no sense you sending us little e-mails, the little inbox

that you are upset. The Government needs to hear

you.

The Honourable Minister, Mr. Fahy, was on

Facebook talking about a silent majority. And he was

talking about a silent majority. Now, taking away from

the origins of silent majority created by Richard Nixon,

which talked about the tapping into the racist elements

of the American South, we will put that to the side.

The Honourable Minister has it wrong. There is a very

strong silent majority. They do not march. They do not

come to town hall meetings. They might not even call

the talk show. But this majority is growing. And they

are tired. And they just want to be listened to, and

they just want jobs, opportunities, a sense that Ber-

muda belongs to them, not just for anybody with a

1166 7 March 2016 Official Hansard Report

Bermuda House of Assembly

dollar and a dream who is going to come by here and

do their thing.

So, Mr. Speaker, I encourage the public to

reach out to the Honourable Member, Mr. Craig Can-

nonier, by e-mail at

ccannon[email protected], and the

Honourable Shawn Crockwell at

sgccrock-

well@gov.bm. And we will go through the whole list.

We will place the whole list on social media. And we

want the public to reach out to them. (My eyes are

failing me in my old age, Mr. Speaker. I cannot read

on little devices.) But I think it is important that the

public use the opportunity to go to the phonebook, call

the OBA. E-mail them. Write them letters. Send them

smoke signals, whatever you need to do to let them

know that the majority is not happy, that the majority

feels deceived, that the majority feels that this is not

what they paid for on December 17

, 2012. It needs to

be heard. And if that is what it takes for them to pull

back from the brink, then so be it.

You know, Mr. Speaker, in college, I did a

paper on brinksmanship. And it is a fascinating study

in terms of, how many leaders have taken their coun-

try to the brink of war, to the brink of collapse, to make

a point or to achieve an objective. And many have

been successful. But we are at a stage in our history

we cannot play chicken with the future of this country.

We cannot. So let us get together. Let us find a way to

collaborate. Let us find a way to share our minds. And

let us find a way to pull back from the brink. We are in

an urgent situation, Mr. Speaker, and I thank you

again for recognising the urgency. I thank you again

for allowing us to bring this forward. And I hope that

the Honourable Members of the One Bermuda Alli-

ance will please do what their forefathers did not do.

Listen.

Thank you, Mr. Speaker.

The Speaker: All right. Thank you, Honourable Mem-

ber.

Would any other Honourable Members care to

speak?

The Chair will recognise the Honourable

Member from constituency 15. MP Roban, you have

the floor.

Mr. Walter H. Roban: Thank you, Mr. Speaker.

I rise with pride to support the effort by my

honourable colleague who sits in constituency 17 and

the motion which he has brought of which we on this

side feel is of urgent importance.

This has become the situation it has, Mr.

Speaker, because of actions, intentions (and in some

cases) perceptions. If you allow, Mr. Speaker, I will

read something from the Throne Speech that was

made in November of 2015. And some of my honour-

able colleagues who have spoken already have

touched on very important issues that relate to this,

showing what we have seen over the past three years

from One Bermuda Alliance around Home Affairs,

around Immigration, which has created the climate

that has compelled this side to bring this motion. But I

will read what is in the Throne Speech. And, you

know, these are not my words; these are the words of

the Government expressed in their intentions for the

upcoming calendar year, following the opening of Par-

liament.

And it is on page 23, Mr. Speaker, of the

Throne Speech. And it says, “Government will con-

tinue to work on fixing inequities in the Bermuda Im-

migration and Protection Act 1956 . . .” That is cer-

tainly nothing anybody on this side would disagree

with. But here is the crucial component: “with public

consultation preceding amendments.” Public consulta-

tion preceding amendments, Mr. Speaker, page 23 of

the last Throne Speech of the One Bermuda Alliance.

So, where are we now, Mr. Speaker? We are

here experiencing a disregard for their own promise.

That is what we are experiencing. Because on Febru-

ary 4

. . . (I am sorry. February 4

was the by-

election, where they lost quite handsomely and we

won quite proudly.) But on the next day, on the 5

, the

Minister who sits in another place (and as my honour-

able colleague says, from another place), presents to

the country an intention, an intention that is totally dis-

regarding their own promise to this country! Let us not

[forget] that they did not even promise to do this in the

first place. This was not a part of the mandate that

was given to the One Bermuda Alliance to do what

they have put in this Throne Speech that they were

going to do anyway.

The fact that they broke one promise, but then

they made another one and then broke it again—that

is what we have seen. And my colleagues have quite

eloquently outlined what we have seen as the behav-

iour of the One Bermuda Alliance when it comes to

immigration. It is not a behaviour, I would contend, Mr.

Speaker, that endears faith, trust, comfort, honesty, or

protection. Now, perhaps [it is that way] for a certain

constituency. But I can tell you, I as a Bermudian do

not feel it. Thousands of Bermudians out there do not

feel it. And the people whom we represent do not feel

it. And it is with their feeling that we felt compelled to

take these steps.

But this follows, Mr. Speaker, an outright dis-

regard for their own promises—repeatedly. But it also

follows, as the Honourable Member for constitu-

ency 33 outlined, successive steps in immigration pol-

icy and intention, which seemed to be weighted not

towards the protection of Bermudians, Mr. Speaker,

but to the enhancement of other interests, other than

Bermudians, as Bermudians were losing jobs, as our

youth employment rate was near 40 per cent, as in-

dustries were continuing to let Bermudian workers go,

as the economy continued to shrink. We saw succes-

sive efforts right from virtually the very beginning of

the One Bermuda Alliance, under a Cabinet firstly led

by the Honourable Member who sits in constitu-

ency 12, now in a Cabinet led by the Honourable

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Bermuda House of Assembly

Member who sits in constituency 10, repeatedly make

steps.

As we were reminded earlier, Mr. Speaker, it

was the Honourable Member who sits in constitu-

ency 12 who was the Leader when they made the

promises that they would not do this to us. And when I

say “us,” I mean Bermudians. They would not do the

very thing or one of the very things that has brought

fear, uncertainty, anger, frustration and mistrust into

the Bermudian psyche. I have to do this, you know. I

have to almost compare the One Bermuda Alliance to

a cockroach, a cockroach because cockroaches carry

certain diseases on their appendages.

Dr. the Hon. E. Grant Gibbons: Mr. Speaker.

Mr. Walter H. Roban: That it would seem, Mr.

Speaker, that—

Dr. the Hon. E. Grant Gibbons: Point of order.

The Speaker: Yes, yes, yes. Withdraw that nonsense,

Honourable Member.

Mr. Walter H. Roban: I will withdraw the word.

Dr. the Hon. E. Grant Gibbons: Yes.

The Speaker: Yes. Withdraw that comment. Come

on. Let us have a decent debate!

Mr. Walter H. Roban: Mr. Speaker—

The Speaker: Honourable Member, take your seat.

[Pause]

The Speaker: I asked the Members to be reasonable

and parliamentary in their discussion. This is a very

important issue, as I pointed out. I am not going to

allow this to go on.

Carry on, Honourable Member.

Mr. Walter H. Roban: I withdraw the word, but I will

describe the situations that many people are bringing

to my eyes. In a situation where despair, fear, uncer-

tainty and great concern are spread rampant . . . I will

not attach it to any insect. But that is how people feel

they are being treated by this Government. So I will

make this . . . I made the same description without

using the un-parliamentary word.

The Speaker: Just be careful.

Mr. Walter H. Roban: So I have done it, Mr. Speaker.

It is done. And I have obliged your request.

But I will move on because, Mr. Speaker, that

is the condition that we find ourselves in. But this jour-

ney, unfortunately, has not been pleasant for the peo-

ple of Bermuda when it comes to the One Bermuda

Alliance and its handling of immigration policy. Why

have we constantly seen, Mr. Speaker, comments

from representatives of that side which would suggest

an effort to devalue how Bermudians see themselves?

Why do we have people calling Bermudians accidents

of birth? Why do we have people questioning the con-

cept of a birthright, things that are natural, Mr.

Speaker, to the psyche of any people in a sovereign

community or identifiable community around the

globe? People believe in birthright. People believe

that they are connected to the land, that that defines

them. That gives them a purpose. That gives them an

identity in the wider world.

We are only 22 square miles. So that is an

essential quality that many people will want to have.

The definition of a Bermudian may not be in law, but it

is built over centuries of experience by thousands of

people. Now, perhaps in our history that particular

identity has been segregated or different in the eyes

of many people. But there are certain key tenets to it.

So why would you, as a government, talk about al-

most devaluing that idea in the eyes of the people in

order to prop up a policy intention? Why would you

say a person is an accident of birth and you were here

by choice? This is coming from policymakers in the

One Bermuda Alliance. Why would you refer to people

who are concerned about the security and welfare of

themselves and their families as xenophobes? Why

would you do that?

It seems that there has been this tendency to

want to break down, destroy, in order to build up.

Break down the psyche of Bermudians who have a

sense of identity and pride in themselves to build up

whatever you are looking to achieve for somebody

else! That is a part of what we have seen. And that is

why I talk about the despair, the uncertainty, the anger

and the fear being cultivated, because that, amongst

many people in this community, is what we have

seen, particularly around immigration policy.

My honourable colleague in constituency 33 in

particular, and the honourable colleague who sits in

constituency 17, were very clear as to what the history

of immigration policy has been. We can go back, Mr.

Speaker, to just a mere handful of years after the

creation of the Immigration and Protection Act 1956.

There was a committee convened of this House, prior

to having a Constitution and all those sorts of things,

called the Plowman Committee, of which the issue of

Bermudians and their opportunities in the workplace

and training over that of non-Bermudians was a prior-

ity for the House in the joint select . . . clearly what

would have been a joint select committee format at

that time, Mr. Speaker.

So, this issue of immigration, Mr. Speaker, is

not foreign in its challenge to any government. These

are the facts. So no one is suggesting that the OBA is

perhaps not trying to meet a challenge in their own

way. We contest that there is another way, and there

1168 7 March 2016 Official Hansard Report

Bermuda House of Assembly

is a way in which we can do it together, to perhaps, for

once in our history, or perhaps at another point in our

history, we can find a way to have a much more uni-

fied approach that can stand the test of an election,

that can stand the test of a change of a Minister, that

can stand the test of a change of a Cabinet, that can

even stand the test of the changes in society.

We are different than we were, Mr. Speaker,

in 1956, the composition of the country, the economic

situation, the priorities. So this Act needs to have

some address. Governments have tinkered and done

things to try and deal with the challenges that they

face in certain periods. The former UBP, of which

many Members on that side sit, ended the awarding of

discretionary grants for not dissimilar reasons upon

which we come here today, because it risks certain

social and economic disruption. People were angry.

They were mistrustful of immigration policy. They did

not feel that it was working for them as Bermudians.

They were seeing other things happen that they did

not like.

So the Government of that day responded to

that demand. Now, one might say it was done for po-

litical reasons, to save a government that was sliding

into freefall. But certainly, what we have seen, Mr.

Speaker, in some of these cases where the Govern-

ment does not respond to the cries of the community,

it feels it at some point. We are asking this Govern-

ment to sense what the community is crying out and

telling you, because if not, you may feel something

that you may find very uncomfortable.

But, Mr. Speaker, I would go back to this con-

cern that there is a tendency, and there has been a

tendency by the One Bermuda Alliance, to want to

forward an agenda, often without, as I said here, pub-

lic consultation. We have seen a number of measures

that they have exercised in this way. We have seen

immigration policy handled in a way that has built up

continued mistrust among certain interest groups. I

mean, Mr. Speaker, even the business community

upon which they sort of would pride themselves as

being the custodians of and the representatives of in

this hallowed House, told them to pull back on one

measure that they were pushing forward. And that

was in October of 2014. And that was the business

employment visa scheme that they put in place.

One of the business interest groups told them

they were pushing forward with it, steamrolling for-

ward with it, announced it as a great, grand initiative

within their effort to shape immigration policy, Mr.

Speaker. And they told them, Hold up! No, no, no! No.

We see some problems with this. This is not going to

actually . . . This may help one interest group in the

business community over another. This could bring

the risk of opportunity to Bermudians at the highest

level in business. So they told the Government to

pause. And they had to, because the Minister then,

after having announced it, paused.

Well, why can you not pause now? You have

a lot more people telling you that they are upset with

the way you are going now. But perhaps certain

voices are louder in the caucus of the OBA than oth-

ers. The voices of the defenceless, the jobless, the

children are not as loud. We have children standing by

the roadside in this country, Mr. Speaker, crying to

have their school saved. Is the OBA listening? We

have people lining up for jobs, applying in the hun-

dreds for jobs where there are only 10 places, in Gov-

ernment and outside of Government. Is the OBA lis-

tening? We continue to see lists of people being let off

at some very wealthy and lucrative companies in this

country, Mr. Speaker. Is the OBA listening?

We saw people here on Friday, calling for a

pause, calling for a change, calling for a rewind on a

direction. Was the OBA listening? I do not know. So

far, to all the issues that I have raised, we have seen

no pause, no listening it appears, and no action to

respond to those cries, Mr. Speaker.

So, we see an argument from the OBA, Mr.

Speaker, as well, around this that seems to quote . . .

And it is unprecedented in my view, as my honourable

colleague from constituency 17 has tried to elucidate

here and other places, about their claim that all this is

connected to international human rights and civil and

political rights and the European Convention. Let me

just for the benefit of the public, Mr. Speaker . . . How

much time do I have left, Mr. Speaker?

The Speaker: Two or three minutes.

Mr. Walter H. Roban: Okay. It is enough time.

The European Convention on Human Rights

is a very interesting document. But it is rather disin-

genuous, because we all know what its purpose is for.

We all know what it does. It is an extension of the UN

Convention, as well, as to what it is supposed to do. If

you read that convention, Mr. Speaker, it is designed

for a particular purpose. It is specifically designed for

persons who are stateless, people who are dis-

tressed, and people who find themselves in the riski-

est situation. And it guides the European Union or the

European community on how you deal with those

people who are essentially in crisis from the stand-

point of those conditions, coming from war, coming

from pestilence, coming from some fractured situation.

And once they come into the region of the European

jurisdiction, this is how we should treat them and our

citizens.

And even when it comes to the rights of family

life, that is its purpose. It is supposed to deal with, if

you find a situation where a family who has come in

from a distressed situation is separated, there is a

duty to ensure that the integrity of that family is se-

cured. We are not talking about those . . . It is not de-

signed, in principle, to deal with the most prosperous

and most secure and most stable situations. Euro-

pean law generally can manage that. The European

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Bermuda House of Assembly

Convention is to deal with the riskiest situation, and

the guidance as to how the European Union will man-

age people under those who come to them under

those conditions, who find they have no passport, who

find they have no home, who find they come from war.

They have come from pestilence. They have come

from stressful situations to the European Union. How

do we manage them? How do we manage the least

defensive, the people with the least defence, the least

support, the least protection? That convention is de-

signed to guide them in that situation.

Not the most prosperous, not the most se-

cure, not the most economically viable, not people

who have passports and can go from hither and

thither. That is the disingenuous application that the

OBA is seeking to apply here, Mr. Speaker. So, you

know, we need to . . . there has to be some honesty in

this whole question. And that is what Bermudians are

fearful of. They have not seen honesty for decades,

particularly when it comes to the One Bermuda Alli-

ance and its predecessors, around immigration. And

this proposal has been brought forward to bring an

environment where we all can participate in an envi-

ronment of honesty, guided by the House rules. Come

up with proposals that can guide many of the ques-

tions that the Honourable Member from constitu-

ency 17 put to the table.

The PLP is committed to comprehensive im-

migration reform. And we are prepared to do it in a

bipartisan manner if the Government wishes, though

that has not been their record so far with us. It was

interesting to hear the Honourable Attorney General

speak about, we somehow hate bipartisanship. Well, I

remember Bermuda First. I remember the Joint Select

Committee on Education. I remember the Joint Select

Committee on Crime, all under the PLP administra-

tion, all bipartisan efforts to deal with principal issues.

So again, rewriting history is a very dishon-

ourable intention, Mr. Speaker. It does not aid what

we are trying to achieve here today. And what we are

trying to achieve here today, Mr. Speaker, is some-

thing to help our country to not push it to the brink, to

not push those who are out there, the silent people

who are where the clouds are gathering.

As I spoke on Friday, I see clouds gathering

of a previous era, as my honourable colleague de-

scribed, clouds based on the fact that we have eco-

nomic desperation, we have social inequities, eco-

nomic inequities growing and building. We have peo-

ple feeling desperate, not knowing what their options

are. The clouds are gathering, and they are seeing a

government that they believed, just as in that previous

era, did not care. And they are seeing a government

that was not listening. Because in the previous era, a

government did not listen to the crowd. And the coun-

try suffered.

We want to avoid the suffering. We want to

avoid the anxiety. We want to avoid going off the cliff.

And, Mr. Speaker, we are perhaps asking the Gov-

ernment once again, after failing, unfortunately, at this

effort in the past. We have asked the Government to

work with us on things in the past, and it has failed.

We have asked the Government to fight some of the

fights that we wish to be fighting, like the land injus-

tice. But we did not see the Government push the

Governor to make the right decision on that. You

know, this House approved that measure, but the

Government just did not help. So we are asking the

Government again, in a parliamentary way, to walk

with us on this on the issue that stands to influence

our country for generations, just as in 1956, that Act

has shaped the country. This is what we are asking

the Government to do. This is what the motion tabled

by the honourable colleague from constituency 17 is

asking.

We are asking the Government to pause. We

are asking for this House to pause. We are asking for

the country to pause and to take a road that will be for

the benefit of all of us, where we can craft some genu-

ine policy and law to the benefit of all of us, that will

help Bermuda grow, that will help our economy be

stable, that will help our people feel hope, and that will

bring about partnership not only with those who have

come here to settle for economic reasons, but those

who see Bermuda as their home. And they should be

first. Because we all know who put us here. We must

remember them in all that we do and all that we say,

first. Because if not, we lose their confidence, we lose

their trust and they will resort to other means to get

what they want.

Thank you very much, Mr. Speaker.

The Speaker: All right. Thank you, Honourable Mem-

ber.

Mr. Premier?

Hon. Michael H. Dunkley: Thank you, Mr. Speaker.

I move that we now adjourn for lunch.

The Speaker: Honourable Members, the House is

adjourned to 2:00 pm.

[Gavel]

Proceedings suspended at 12:27 pm

Proceedings resumed at 2:01 pm

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

MOTION

PARLIAMENTARY JOINT SELECT COMMITTEE TO

EXAMINE WIDE RANGE OF ISSUES INVOLVED IN

COMPREHENSIVE IMMIGRATION REFORM

[Continuation of the debate thereon]

1170 7 March 2016 Official Hansard Report

Bermuda House of Assembly

The Speaker: All right, Honourable Members, we will

continue with the debate on the motion brought by the

Honourable Member from constituency 17, MP Walton

Brown.

Any other Member care to speak?

The Chair will recognise the Honourable

Learned Member from constituency 34, MP Kim Wil-

son.

Ms. Kim N. Wilson: Thank you, Mr. Speaker.

Mr. Speaker, I would like to join in this debate

by first speaking a little bit about civics. My daughter is

at the age where they learn a lot about parliamentary

procedure in their civics classes. How persons are

elected, the supremacy of Parliament, by-elections

and the like. And they are oftentimes quizzed on this

insofar as what happens in the Bermuda context, just

to ensure that not only are they abiding by or studying

the syllabus for civics, but also to see what is going on

and to gauge a pulse of what is happening here in

Bermuda, particularly in the political realm.

And one of the things that we also note about

civics is that they speak about how elections are

made and how parties are selected and how candi-

dates are selected. And by that they oftentimes dis-

cuss a manifesto—a political manifesto—or a political

platform so that it allows for persons who are going to

be voting for various parties or individuals to gauge

the policies of that particular party, the aims of that

particular party, this document is oftentimes publicised

as it contains a declaration of the party’s ideology.

The manifesto or the platform contains a declaration

as to the intentions of the party, if elected, the views of

the party, the politics of the party, as well as the pro-

grammes and initiatives that the party plans on deliv-

ering if so elected.

Now, as they learn in civics and as we are

taught here, the manifesto is a very, very critical

document, Mr. Speaker. Because it outlines, as I have

spoken about just a few moments ago, the intentions

of what that party is. So, for example, if you have a

party that has a very, very bizarre and perhaps out-

dated manifesto, it is likely that they probably will not

be successful at the polls.

But we also have to look at the issues at hand

when we have a political party that was elected during

the last democratic election and we note that the

manifesto in which—the platform—on which the Gov-

ernment party ran on failed to contain any substantial

issues to which we speak about here as it relates to

immigration. In fact, the party manifesto or platform

specifically provides that there will be no grants of

Bermudian status. The party platform also specifically

provided that we would not . . . that they would be

scrapping the term limits. Now we see with respect to

the latter, notwithstanding what the manifesto con-

tained, that actually manifests itself insofar as we saw

that the Government party did abolish the term limits.

However, back to that manifesto, Mr.

Speaker, there is no mention, as we have heard al-

ready today, with respect to the granting of status in

their platform, in their manifesto. We also heard from

the Member who took his seat a few moments ago

prior to our lunch break that there was an indication in

the Government party, I believe he said, platform or,

alternatively, a statement that spoke to public consul-

tation concerning immigration, and, of course, we

have not seen that here.

So, Mr. Speaker, the question that was asked

earlier today is what is the urgency? Well, Mr.

Speaker, I think the urgency can be defined in two

ways, twofold. One is that we have a Government

who is clearly attempting to go down a road with re-

spect to immigration that has proven to be divisive in

our past; it has proven to be [rooted] in racial under-

tones and is not a very good history of how we have

gotten here with respect to immigration policies. Not-

withstanding that, Mr. Speaker, we have a Govern-

ment which has not indicated any of this in their elec-

tion manifesto and is now proposing purportedly to

table legislation that will no doubt serve to inflame al-

ready [disturbed] racial tensions based on immigration

policies.

So, it begs the question, how is it that a Gov-

ernment can be elected on a platform that fails to ad-

dress such issues of critical importance as that of im-

migration? And what many modern democracies

would see with that, if circumstances like that do pre-

sent themselves, that the Government of the day

would exemplify true leadership and go back to the

polls so that they could get the mandate of the people

with respect to such an important critical issue as the

one that we are faced with during this motion.

Now, Mr. Speaker, back to the issue concern-

ing civics, the manifesto also will . . . excuse me. Ex-

cuse me, Mr. Speaker. The manifesto, as I said, also

carries two purposes: (1) it enables the voters to know

about the policies that are being proposed by the re-

spective parties; and (2) it allows, after the election,

people to sit there and hold the majority or the Gov-

ernment to account in terms of whether or not they

abided by the things that were in their mandate.

Now, Mr. Speaker, as has already been spo-

ken about quite eloquently by the author of this mo-

tion, MP Walton Brown from constituency 17, that

there is a very divisive, inequitable history as it relates

to immigration policies and legislation here in Ber-

muda.

And, Mr. Speaker, the Government would like

to have us believe that one of the main criteria for

wanting to forge ahead with this particular legislation

is centred around the provisions in the European

Convention on Human Rights as well as the Interna-

tional Covenant on Civil and Political Rights.

Now, Mr. Speaker, I am sure you would be

aware that Article 8 of the European Convention on

Human Rights specifically speaks to the right of family

Official Hansard Report 7 March 2016 1171

Bermuda House of Assembly

life, and if I can just refer to it real quickly, Mr.

Speaker, Article 8, the “Right to respect for private

and family life.”

However, Mr. Speaker, you must also read

Article 8 in conjunction with a very critical provision in

the European Court of Human Rights, which is Article

56(3). And with your leave I would like to refer to that,

and that specifically provides for “Territorial applica-

tion” and subsection (3) says, “The provisions of this

Convention” (which I just read [article] 8 to you) “shall

be applied in such territories with due regard, how-

ever, to local requirements.”

Now, what does that mean, Mr. Speaker? Let

me move back for a moment, the European Conven-

tion on Human Rights, the Bermuda Constitution does

have many of those Convention Rights incorporated

within our legislation; however, Bermuda has not leg-

islated that all of the provisions of the European Con-

vention shall apply. But the case law is such that as it

is an international treaty which the United Kingdom

has operated and extended to Bermuda, we have the

case law, and with your leave if I can read this case,

Mr. Speaker? With your leave I would like to read from

the excerpt from the case.

It speaks to the fact that the European Con-

vention on Human Rights does bind Bermuda as a

matter of international law and it will not directly affect

Bermuda unless its provisions are incorporated by

active legislation. And I am reading from the judgment

of the Court of Appeal, Bermuda Industrial Union v

BAS-Serco Ltd. 2003.

And then, Mr. Speaker, the Honourable Jus-

tice Kawaley (as he is now) , in 2009, provided a

submission concerning the case of Marshall v Wake-

field and Accardo 2009 in which he lays out the prin-

ciples of how the European Convention on Human

Rights should be applicable to Bermuda. And he says:

“The ECHR has not been incorporated into

Bermuda law, so its legal status has two principal

elements to it. Firstly, local statutes must be inter-

preted as far as possible so as to conform to Conven-

tion rights, applying the presumption that Parliament

does not intend to legislate in a manner inconsistent

with Her Majesty's international obligations in respect

of Bermuda. Secondly, there may in certain circum-

stances be a legitimate expectation in public law that

public authorities (including, potentially, the courts) will

not act in a manner inconsistent with an international

treaty applicable to Bermuda.”

So what does all of that say? In essence (and

I am paraphrasing), Mr. Speaker, it indicates that yes,

Bermuda does have an obligation to apply the princi-

ples of the European Convention on Human Rights.

Yes, our Constitution has incorporated in our Funda-

mental Rights section at the beginning of our Constitu-

tion various rights that are covered in the European

Convention on Human Rights, in particular, Article 2

“Right to life”; “Prohibition of torture” . . . and inhuman

punishment; “Prohibition of slavery”; the “Right to lib-

erty and security”; protection of “private and family life”

(which I have indicated) which equates to Article 8 of

the actual Convention.

However, Mr. Speaker, we need to bear in

mind the fact that the convention also has a provision

that says, Well, hang on a minute, notwithstanding

that we have these inalienable rights that we want our

member states and those jurisdictions to abide by, we

also recognise that there is something called “territo-

rial application.” You may have a jurisdiction who not-

withstanding our desire of the European Convention,

the signatories that we wish for everyone to apply

these articles to, but because of the certain particular

circumstances of that jurisdiction it may not be appli-

cable, it may not be suitable, it may not be convenient

for those jurisdictions to apply that. And that is, again,

section 56(3), which is really critical because it does

provide this carve out.

I suspect, and I submit, Mr. Speaker, that

when they speak to due regard, to the local require-

ments, they are looking at things like size of jurisdic-

tion, larger nations, certainly it was not intended by

the European Convention of an Island country of 21

square miles to have as its adoption all of these rights

the same that would be for a country 10 times, 100

times, the size. That is why the local requirements

must be considered, that is why the local require-

ments must be considered with respect to this section

And I suspect that it also indicates another lo-

cal requirement that no doubt the European Conven-

tion would consider applicable for our jurisdiction. Our

history—and particularly our history of the racial un-

dertones that have been occurring with respect to im-

migration policies and the like since the moment of

our inception.

So, Mr. Speaker, I submit that notwithstanding

that we have the Articles of the Human Rights and the

International Covenant on Civil and potential . . . sorry,

protected rights to abide by, there still is the provision

that must be adhered to which is with respect to sec-

tion 56(3) our local requirements.

Now, Mr. Speaker, in the absence of a biparti-

san consultation [on] the issue of immigration, which

we have heard before by the previous speakers, that

our history is, with respect to immigration, rooted in

division, hostility, racism, and inequitable treatment,

we are concerned on this side of the aisle that a con-

tinuation down this road of tabling legislation, based

on our history and in the absence of consultation, in

the absence of a bipartisan commitment, will likely

cause further turmoil and unease within our commu-

nity.

Mr. Speaker, I am certain that the business

community is looking very hard at us right now be-

cause this is a very critical issue that we are debating.

And in order for the business community to have cer-

tainty and to feel comfortable with respect to being

here in Bermuda, they certainly want to know that the

1172 7 March 2016 Official Hansard Report

Bermuda House of Assembly

laws of the land are not necessarily going to change

from administration to administration. And I can as-

sure you, Mr. Speaker, as day follows night, if the

proposed amendments to the Immigration Act are

passed in this Honourable House by the OBA Gov-

ernment, a PLP Government will look to repeal them,

particularly the provisions that were enacted in the

absence of any type of consultation or bipartisan

agreement.

I have looked at the Acts just real briefly, Mr.

Speaker, and not wanting to pre-empt any type of de-

bate, there are some provisions in there that are ex-

tremely offensive and that will be offensive to any

right-thinking individual. So we have a position here,

Mr. Speaker, where a law potentially can be passed

and then another government will come into play and

repeal those laws. So we may have a situation where

we are going back and forth on a matter that is par-

ticularly fundamental and critical to the well-being of

this country.

I am certain that the business community is

looking at this and they are wondering, Well, hang on

a minute. Do I continue to invest or look to seek to

invest in a country that is passing potentially some

very, very divisive legislation that will no doubt be re-

pealed in another couple of years following the next

general election? That is certainly is causing uncer-

tainty and confusion, not only in the minds of right-

thinking Bermudians, but also in the minds of busi-

ness leaders who are looking to, perhaps, remain in

Bermuda or domicile in Bermuda with respect to their

businesses.

Now, Mr. Speaker, the issue of matter of im-

portance also came up this morning. As I spoke on

that issue pursuant to [Standing Order] 9(4). I applaud

you, Mr. Speaker, for taking that decision and recog-

nising that this is a matter of ultimate, utmost impor-

tance to us in a community and, notwithstanding the

Government’s attempt to perhaps try to stifle debate

on this particular issue of national importance, I do

admire the fact that the Speaker did take a stance in

exercising his sole jurisdiction and discretion under

[Standing Order] 9(4).

Mr. Speaker, let me move from civics to sci-

ence. I do not know if you have ever had an opportu-

nity to . . . I am not sure if you are a cook. But if you

see, perhaps, water boiling, and we know that water

boils normally at around 212 ˚F. And if you look at a

pot boiling it makes very little noise. You see a little bit

of steam starting to rise and vapours and then all of a

sudden you hear a little bit of pop, pop, pop from the

bubbles, and then you see the bubbles and in 8 to 10

minutes, or however long it takes, the pot has boiled.

The water that is in the pot has boiled. And you do not

even need a thermometer to test it because you can

see visually that the pot and the water is boiling and

that boiling is coming and if you have too much water

in the pot then, of course, the pot overflows and the

water [overflows] and spills into the kitchen, and so

forth.

Now, Mr. Speaker, in order for water to boil at

212 ˚F there are two things that you have to consider,

one is the purity of that water. Now, Mr. Speaker,

when you look at purity of the water I would like to use

the analogy here as what we are speaking about con-

cerning the immigration debate and, in particular, the

episodes that we have seen last week Friday, as well

as in previous demonstrations and previous voices

made by the public insofar as this whole issue and the

concerns with respect to immigration and the lack of

consultation, the lack of a bipartisan engagement to

decide an issue that is so fundamentally important to

Bermuda and her people.

So when you look at this pot getting ready to

boil over, you have to look at the purity of the water,

and if the water is not pure then it may not boil at 212

degrees, it may take more, it may take less. But, Mr.

Speaker, I ask you, can it be said that the Govern-

ment by its actions insofar as attempting to table legis-

lation that is potentially very, very divisive, that has as

its core immigration reform that has historically been a

very divisive, racially motivated programme, can that

be pure, can we say that this Government has pure

intentions to be tabling such legislation?

And the question that is asked repeatedly is:

What is the rush? Why not pause, have cause for

pause, so that we can have a bipartisan committee

discuss the issues concerning immigration reform and

look at issues concerning status grants, the policies,

the procedures, the application process and the like

when it relates to all matters of immigration—

bipartisan—so that we can together move forward on

an issue that has destabilised this country in days

gone by and in years gone by?

Mr. Speaker, the other thing that you have to

look when you are looking at whether water will boil at

[212] degrees in addition to the purity of the water, is

something called the changes according to the eleva-

tion of the water, in other words, the atmosphere.

Now, Mr. Speaker, it is abundantly clear, and I

do not generally make a habit of looking at the blogs,

but, unfortunately, certain things were pointed out to

my attention this weekend and we are in a very, very

seriously divided atmosphere right now over this par-

ticular issue. So much so, Mr. Speaker, that . . . and I

do not want to say I am afraid, but there is an increas-

ing concern in our community, Mr. Speaker, that they

are not being listened to. And there is an increasing

concern in our community that laws are being

passed—

[Gavel]

The Speaker: The thing, as I said earlier, I do not

want . . . any—

[Inaudible interjection]

Official Hansard Report 7 March 2016 1173

Bermuda House of Assembly

The Speaker: And I know how to speak.

I do not want anyone shouting across the

floor.

Carry on, Member.

Ms. Kim N. Wilson: Thank you, Mr. Speaker.

Mr. Speaker, as I was saying, the second

point, two points that make water boil at 212 de-

grees—one is the purity of the water, and the second

is the changes according to the elevation or the at-

mosphere.

Now, Mr. Speaker, one need not look too far

as to observe what was on television and the media

last week Friday, and they can see the atmosphere of

Bermuda is about to boil over, Mr. Speaker. They can

see that the people in this community are concerned

about the changes and the elevation of this water

limit. They can see that the people are concerned

about the level of purity of the One Bermuda Alli-

ance’s motives with respect to this legislation, Mr.

Speaker.

And I would invite everyone to consider—

Dr. the Hon. E. Grant Gibbons: Mr. Speaker, point of

order.

The Speaker: Yes.

POINT OF ORDER

[Imputing improper motives]

Dr. the Hon. E. Grant Gibbons: The Honourable

Member is [imputing] improper motives. That is the

second time the Honourable Member has basically

talked about the Government’s purity, and we know

where that is going, Mr. Speaker.

The Speaker: Thank you, Honourable Member.

Dr. the Hon. E. Grant Gibbons: Mr. Speaker, I would

ask the Honourable Member to—

The Speaker: Thank you, Honourable Member.

Honourable Member, continue and please be

mindful of how you use the language.

Ms. Kim N. Wilson: Yes, of course, Mr. Speaker.

I actually was using the word “purity” as it re-

lates to boiling. And I am using an analogy here. As

you look in the science books it speaks about water

will boil normally at a point of 212 ˚F and it is contin-

gent on two factors: (1) the purity of the water; and

(2) any changes according to elevation, namely the

atmosphere. So Government will—excuse me—water

will normally boil at 212 degrees based on the purity

and the atmosphere. And I am using that analogy, Mr.

Speaker, to invite the Government to consider the at-

mosphere that we find ourselves in right now. I am

inviting the Government to consider the motives, Mr.

Speaker, of the legislation that we find ourselves with

today.

I am inviting the Government to look to the

people and lead. And part of leadership, Mr. Speaker,

means also listening. A leader that does not listen is

not a successful leader, and it will create potential

harm and unrest in a community that is already almost

reaching its boiling point.

So, Mr. Speaker, I would ask this Government

to please stop and pause and consider the implica-

tions of the legislation which they are proposing, the

implications that may affect our Bermudians, our resi-

dents, our long-term residents, our business commu-

nity, and our international obligations.

Everyone is looking at us, notwithstanding the

size of our community. We are being looked at. And I

would invite the Government, I would implore the

Government, to consider all of this and recognise that

Bermuda is about to boil over and that we need to

address this and move back by establishing a biparti-

san joint select committee on immigration reform to

look at all the issues that have already been dis-

cussed previously with respect to immigration so that

we can try to pause this and look at it from an objec-

tive point of view, an inclusive point of view, a biparti-

san point of view, so that everyone is the beneficiary

of immigration reform.

Thank you, Mr. Speaker.

The Speaker: Thank you, Honourable Member.

The Chair will recognise now the Honourable

Member Dr. Gibbons.

Dr. the Hon. E. Grant Gibbons: Thank you, Mr.

Speaker.

Mr. Speaker, I think we have had a good de-

bate so far. The Government has certainly put its case

and I think the Opposition and the Honourable Mem-

ber who made the motion have had their say.

Mr. Speaker, you are well aware that we are

in the middle of the Budget Debate right now, we have

a lot of business that we want to get forward today. So

at this point I would like to move that the motion be

now put.

[Inaudible interjection]

Dr. the Hon. E. Grant Gibbons: I am citing [Standing

Order 19](10) of the . . . Rules of Debate, [Standing

Order] 19(10) that “A Minister, with the consent of the

Speaker, may conclude a debate on any motion which

is critical of the Government, or reflects adversely on,

or is calculated to bring discredit upon the Govern-

ment or a public officer.”

Mr. Speaker, I move that the motion be now

put.

Ms. Kim N. Wilson: Point of order, Mr. Speaker.

1174 7 March 2016 Official Hansard Report

Bermuda House of Assembly

The Speaker: Yes, Honourable Member.

POINT OF ORDER

Ms. Kim N. Wilson: Yes, Mr. Speaker, I would like to

refer the House to the 23

Edition of [Erskine] May,

page 394, which speaks about superseding the ques-

tion and that the only way that a Motion to Adjourn

with respect to a matter that is currently before the

House now can be ended, the only way that the de-

bate can end, is if we move directly to a Motion to Ad-

journ this whole House. That is at page 394 of May’s.

[Pause]

Ms. Kim N. Wilson: If I can refer you to the penulti-

mate paragraph on that page, “A motion may not be

made for the adjournment of a debate, if a question

for the adjournment of the House is being debated;”—

which is the case here—“nor can a motion for the ad-

journment of the House be made while a question for

the adjournment of the debate is under discussion.”

Again, that is at page 394. I invite the Speaker to look

at that please. I call your attention to the penultimate

paragraph.

Thank you.

The Speaker: All right. Thank you.

Mr. Mark J. Pettingill: Point of order, Mr. Speaker.

The Speaker: Yes . . . so hold for me one second,

Honourable Member.

[Pause]

The Speaker: Yes, Honourable Member.

POINT OF ORDER

Mr. Mark J. Pettingill: Mr. Speaker, to your ruling

earlier, my honourable and learned friend, who is my

good friend, now wants to jump up with Erskine May. I

did that earlier and got shot down on the basis that we

would look at our rules.

So here is what our rules say in that regard. I

commend to you, Mr. Speaker, what has been said

with regard to [Standing Order] 19 of our Rules of De-

bate at [subparagraph] (10), “A Minister”—which has

occurred—“with the consent of the Speaker”—and I

emphasise that because with respect, Mr. Speaker,

you have to take account of what I have to say next—

“may conclude a debate on any motion which is criti-

cal of the Government.”

Pause.

This is our immigration policy. We are bringing

legislation on it. It is certainly critical to us—we are the

Government. To quote former Premier Brown, We are

the Government! So we are bringing this. So with re-

spect, Mr. Speaker, you have to consider that.

Is it a motion that is critical to us? Yes.

“Or reflects adversely on” . . . Well, pause

there for a second. It clearly reflects adversely on us

given the things that are said in the motion, on its

face.

“Or is calculated to bring discredit upon the

Government or a public officer.” Well, both of those

are the same instance in what is going on here. That

is exactly what the motion is doing.

As the Honourable Minister that just took his

seat just said, Opposition got to have its say—they

had it. You know, we have had our say—

[Inaudible interjections]

Mr. Mark J. Pettingill: We have had our say. This is

going to go to vote at the end of the day. We need to

get back to the business of running the country, as the

Government.

So I am imploring you, Mr. Speaker, at this

stage, that motion having been moved, that that is

something that needs to be put. You ought to bring

the debate to an end now on the basis of the Rules of

Debate, of our rules, [Standing Order] 19(10).

The Speaker: Thank you, Honourable Member.

The Chair recognises the Honourable Mem-

ber D. V. Burt.

Mr. E. David Burt: Thank you very much, Mr.

Speaker.

Mr. Speaker, I rise to the point of order. The

first thing is that there was no motion laid, as the Hon-

ourable and Learned Member who took his seat

[said]. There was no motion laid. The reference in

[Standing Order] 19(10) speaks to the conclusion and

the speaking order of the debate, and it speaks to the

fact that in [Standing Order] 19(10) the Member who

moves the motion speaks last and the only exception

to speaking last is if the motion itself is critical on the

Government. So—

Hon. Mark J. Pettingill: That is certainly wrong.

Mr. E. David Burt: So from this aspect, the Rules of

Debate as constructed under [Standing Order] 19,

debate must proceed and if the Government wants to

invoke that thing at the very end, they can invoke that

at the end. But it cannot be used to prematurely cut off

debate on a substantive motion which Members are

still speaking on.

The Speaker: Thank you, Honourable Member.

Mr. Mark J. Pettingill: Point of order, Mr. Speaker.

The Speaker: Yes.

Official Hansard Report 7 March 2016 1175

Bermuda House of Assembly

POINT OF ORDER

Mr. Mark J. Pettingill: Can I just say that is un-

equivocally incorrect and an attempt to try and sell

something that is not there. It clearly says “may con-

clude a debate on any motion.”

An Hon. Member: “May.”

Mr. Mark J. Pettingill: May . . . may. I said that, right?

I laid before the reasons why you should, but it says

“on any motion.” So there is no question that there is a

motion there—it is any motion, it is critical to the Gov-

ernment and you can do this.

Ms. Kim N. Wilson: Point of order—

The Speaker: Thank you.

Ms. Kim N. Wilson: —Mr. Speaker.

The Speaker: Thank you, yes.

POINT OF ORDER

[Misleading]

Ms. Kim N. Wilson: Thank you, Mr. Speaker. I be-

lieve my honourable and learned friend is misleading,

albeit innocently, the House.

The Speaker: Let us not . . . just say what you want to

say.

Ms. Kim N. Wilson: Okay. What I really want to say?

The Speaker: Yes.

Ms. Kim N. Wilson: Okay. [Standing Order] 19(10)

must be read, Mr. Speaker, in conjunction with [Stand-

ing Order] 19(9) which speaks to, “The mover of a

motion may reply after all the other Members present

have had an opportunity of addressing the House and

before the question is put; and after such reply no

other Member may speak except as provided for in

sub-paragraph (10).”

So, Mr. Speaker, with respect, [subpara-

graphs] (9) and (10) must be read together and that if

the mover of this motion wishes to speak and nobody

else wishes to speak, then you may conclude the de-

bate as per [subparagraph] (10).

Thank you, Mr. Speaker.

The Speaker: Thank you.

Mr. Mark J. Pettingill: Mr. Speaker, my honourable

and learned friend—

The Speaker: I will have this last comment, yes, Hon-

ourable Member.

Mr. Mark J. Pettingill: My honourable and learned

friend just made complete support for my argument,

right? Paragraph (9) says “Member may speak except

as provided.” So it is an exception to that, a rule which

is contained in paragraph (10). I agree with her. With

respect, the Honourable Member agrees with me. The

exception is if a Minister does it on the provisions that

I have laid out. That is when it can occur. That is what

is occurring now. The Minister stood up and moved it.

The Speaker: All right. Thank you, thank you.

Honourable Members, let me just say we are

going to . . . I am not listening to anybody else any-

more on this matter. We are going to take a five-

minute break while I sit and review this matter to come

back with a position.

[Gavel]

Proceedings suspended at 2:33 pm

Proceedings resumed at 2:47 pm

MOTION

PARLIAMENTARY JOINT SELECT COMMITTEE TO

EXAMINE WIDE RANGE OF ISSUES INVOLVED IN

COMPREHENSIVE IMMIGRATION REFORM

[Continuation of the debate thereon]

The Speaker: In case those who are in the public are

wondering what happened, the Speaker went back to

Chambers in order to review the question raised in

order to bring forward a ruling, which I will do so now.

Honourable Members, I will read—

[Crosstalk]

The Speaker: And when the Speaker is speaking

there should be absolute silence, even from this mi-

crophone.

[Laughter]

[Pause]

The Speaker: All right. Thank you.

Honourable Members, the Standing Orders

which have been . . . close that door, please, I do not

want anybody coming in the House. Honourable

Member, close that door.

SPEAKER’S RULING

[Standing Order 19 (9) and (10)]

The Speaker: Honourable Members, in our Standing

Orders to do with the Rules of Debate, which is Stand-

ing Order 19, [Standing Order] 19(9) reads as follows:

1176 7 March 2016 Official Hansard Report

Bermuda House of Assembly

“The mover of a motion may reply after all the

other Members present have had an opportunity of

addressing the House and before the question is put;

and after such reply”—that is, by the mover of the mo-

tion—“no Member may speak except as provided for

in sub-paragraph (10).”

And if you linked subparagraph (10) to sub-

paragraph (9), the exception is that “A Minister, with

the consent of the Speaker, may conclude a debate

on any motion which is critical of the Government, or

reflects adversely on, or is calculated to bring discredit

upon the Government or a public servant.”

Honourable Members, certainly this motion

does, in fact . . . it is critical of the Government and

may indeed reflect adversely on the Government and

as a result of that, therefore, I would certainly give a

Minister the opportunity to conclude the debate. But

that would be after Members present have had an

opportunity of addressing the House and the mover of

the motion has had an opportunity to reply.

And that is my ruling.

[Desk thumping]

The Speaker: I do not need that! I do not need that! I

do not need that at all!

Honourable Member Wilson, I think you have

got about two minutes left.

Ms. Kim N. Wilson: Thank you, Mr. Speaker.

Again—

An Hon. Member: She finished her speech.

The Speaker: No, she had not finished, it was a—

Dr. the Hon. E. Grant Gibbons: It was a point of or-

der.

An Hon. Member: She finished.

[Inaudible interjections]

An Hon. Member: She finished her presentation.

The Speaker: All right. Honourable Member, yes, yes.

Thank you.. I am sorry. I am sorry.

Dr. Gibbons, you have the floor.

Dr. the Hon. E. Grant Gibbons: Thank you, Mr.

Speaker.

Mr. Speaker, as the debate will continue I

would like to make a few comments on not only the

motion but the broader subject as well.

Mr. Speaker, before lunch we were treated

repeatedly to the quote from George Santayana who

said, “Those who cannot remember the past are con-

demned to repeat it.”

The Speaker: Just a minute, Dr. Gibbons.

[Gavel]

The Speaker: Carry on, please.

Dr. the Hon. E. Grant Gibbons: Thank you, Mr.

Speaker.

Before lunch we were repeatedly asked to

consider the quote from George Santayana, a phi-

losopher who lived in the 19

century. And the quote

that we had from an Honourable Member was, “Those

who cannot remember the past are condemned to

repeat it.” Those who cannot remember the past are

condemned to repeat it.

And Honourable Members have consistently

taken us back into the 1930s and the 1940s and the

1950s. And, Mr. Speaker—

[Inaudible interjection]

The Speaker: Honourable Member, if I hear your

voice again, the next person is going to walk this

House! The next person is going to walk!

Carry on, Dr. Gibbons.

Dr. the Hon. E. Grant Gibbons: Thank you, Mr.

Speaker.

Mr. Speaker, the issue I think before us and

perhaps the issue before governments in the past is

that governments need to consider both the times, the

circumstances, and the issues of the day. It is very

easy to reflect in hindsight on what may or may not

have been done, whether it was right or wrong,

whether it was appropriate or not, but the fact of the

matter is, Mr. Speaker, this Government has to con-

sider the circumstances today when we make deci-

sions. And we have said on this honourable floor be-

fore, honourable colleagues have said, we have diffi-

cult decisions to make as a consequence of both the

times and the circumstances we find ourselves in to-

day.

And I think it is fair to say that if the quote

works for the 1930s, 1940s, and 1950s and what have

you, it certainly works for a more recent period. And

what I am referring to, Mr. Speaker, very clearly is that

we understand very well what happened four years

ago. Those are the circumstances that we are in to-

day. We had unprecedented recession in this country,

it has lasted into six years, and we are now coming

out of it. We had unprecedented and precipitous job

loss as a consequence of the policies of the former

government. Those are the circumstances we find

ourselves in today, and those are the circumstances

upon which this Government has to make some very

difficult decisions.

We have been accused of arrogance, but as

my honourable colleague the Attorney General said,

there is nothing so arrogant as shouting down people

Official Hansard Report 7 March 2016 1177

Bermuda House of Assembly

in a public meeting which is intended to provide con-

sultation, intended to provide disclosure, intended to

provide information. We have been accused of trying

to rearrange the immigration policy as a consequence

of trying to . . . for political reasons. We have been

accused of all kinds of things, Mr. Speaker.

But the simple fact of the matter is, and we

have said this already, we are in still a very, very diffi-

cult economic set of circumstances, and it is those

circumstances that are driving the situation we are in

now. It is almost as though, Mr. Speaker, I was sitting

here listening to the Opposition, it is almost as though

they are trying to reach out of the electoral grave of

2012 and reintroduce their whole failed economic pol-

icy. Because we know, Mr. Speaker, that that reces-

sion was much longer than it had to be. It was much

longer in Bermuda than it was in other places. It took

us a long time to come out. And the reason for that,

Mr. Speaker, as we have heard repeatedly from the

international business community and others, was the

toxic immigration policies of the former government—

term limits,. . . I play it over in my mind from time to

time, the man/boy discussions that we heard, the

xenophobia that we heard over and over again, it was

those policies which effectively this Government had

to change very quickly upon coming into office, that

were a consequence and a result of what happened

and why we are in the difficult economic circum-

stances we are in today, Mr. Speaker.

It is very clear and there is no argument on

this, that trends in population have a direct impact on

the economy. It is as clear here as it is clear anywhere

else. In fact there was a very interesting report, Mr.

Speaker, that by DPS Bank (which is a Singapore

Bank) talking about the trend in population in China,

Singapore, and a number of other countries particu-

larly Japan, and they directly correlate with the slow-

ing growth of population having a direct consequence

on the slowing Chinese, Japanese, and other econo-

mies. Japan has zero population growth, in fact, it has

negative population growth. There is an extremely

clear correlation between trends in population growth

and the direction that an economy goes.

But, Mr. Speaker, contrary to what we have

been hearing from that side in that we are trying to

flood this country with hundreds, thousands, whatever

of people coming in as a consequence of these immi-

gration policies, nothing is further from the truth. What

these immigration policies are simply trying to do is to

retain those who have been here for 20, 25 years to

make sure we do not have any further haemorrhaging

of the number of people here.

Mr. Speaker, I gave some very simple calcula-

tions a little while ago and I said that if you look at that

5,000 job number that was lost as a consequence of

the policies and the experience of the former govern-

ment, you are looking at something on the order of

$300 million a year every year which is lost from this

economy on an annual basis. So to lose more people,

and particularly people that are assimilated here, that

are contributing to this economy, it simply would be

making the situation even worse.

Now, clearly, there are human rights issues

here and I am going to let others argue the European

thing on human rights. But what one of my honourable

colleagues has said is that Bermuda in terms of the

rights of long-term residents is I think the 170

out of

185, in terms of those rights.

Mr. Speaker, we are way down the morality

curve in terms of what we are doing for people who

have families here, whose children know no other

place, and who simply for a lot of reasons have made

Bermuda their home. So there is a human rights issue

here as well and, frankly, those of us on this side think

that is important as well in addition to the economic

issues that we are looking at.

So, there is a lot of misinformation out there.

There is a consistent throwing up of straw men, which

the Opposition then tries to essentially attack. But the

simple facts of the matter are (and we will have this

debate, Mr. Speaker, I am sure, and there will be

much more opportunity to get into the facts and what

is information and what is misinformation), is that we

are simply trying to do our best as a government that

got handed a very difficult set of circumstances to do,

not only what is right, but to do what makes sense

economically for this country.

Mr. Speaker, with your permission, there was

a very interesting piece in the Cayman Compass

which, as you may know, is the Cayman Islands

newspaper. It was an editorial and I think it speaks

very much to what we in Bermuda are looking at as

well. The editorial says, “The rhetoric of race and ra-

cism, specifically the construct of ‘black versus white,’

plays an outsize and overt role in Bermuda politics,

compared to Cayman, where, thank goodness, such

toxic formulations tend to be filtered, diluted and dif-

fused among our society’s variegated shades of

brown”—talking about Cayman.

It goes on to say, “Consider, for example, the

following statement from a news story in the Bermuda

Royal Gazette attributed to one of their local lawmak-

ers”—we know who this is, and the quote is— “They

say that we are too old, that we are too black, but we

are old and black enough to remember what these

type of racialised immigration policies did to our par-

ents and to us.”

The editorial goes on to say, “However, it

seems that many of Bermuda’s leaders are exercising

admirable clarity of thought. Next to the print edition of

this column, we republished an editorial from The Ga-

zette that outlines Bermuda’s situation, pierces the fog

of misinformation and strikes the core principle: Eco-

nomic growth cannot occur without population growth,

which cannot occur without immigration reform.”

The editorial goes on to say, “That is as true

for Cayman as it is for Bermuda. The Gazette offers

1178 7 March 2016 Official Hansard Report

Bermuda House of Assembly

us a lesson; the overall scenario in Bermuda offers a

warning” to Cayman.

And it goes on to talk about “the introduction

of Cayman’s ‘rollover’ policy”—and for that you can

read the Bermuda’s equivalent term limits—“modelled

after Bermuda’s—was one of the most divisive devel-

opments in the history of Cayman, cleaving our for-

merly unified society into two distinct groups: ‘Cayma-

nians’ and ‘expatriates’ . . . which evolved, almost in-

stantly, into ‘us’ and ‘them.’”

I think the message there is very clear and

that is an observer who, frankly, for a lot of reasons

really does not care what happens to Bermuda. But

they do care about Cayman and they are setting out

the message very, very clearly there.

So, Mr. Speaker, this is a very important issue

for us. And I think the Opposition clearly understands

that this will be detrimental from a political perspective

for them, could be detrimental for us, Mr. Speaker,

from a political perspective, but that remains to be

seen. But it is important for us from an economic per-

spective.

And, Mr. Speaker, I have a theory here. I have

a theory as to why this is such a critical issue for the

Opposition. And I think it goes back . . . and why it is

so urgent . . . I think it is an issue, Mr. Speaker, of an

age-old principle in politics and that is, if you have a

common enemy you can very easily bring a divided

party or a divided country together. We know, Mr.

Speaker, through press reports and everything else,

the Opposition is clearly very divided right now. We

have senior members that are sitting in the back-

bench, senior members who can make a contribution.

We have a leader who is embattled, who I gather

people are desperately trying to get rid of because of

things that he has said, done, or otherwise. And I think

they have taken a page out of Maggie Thatcher’s

book. You remember, Mr. Speaker, when the poll tax

came up in the UK quite a few years ago, what did

Mrs. Thatcher do? She declared war on Argentina. It

was the Malvinas, it was the Falkland Islands, and all

of a sudden all of those issues for her disappeared.

Effectively, what is going on here, Mr. Speaker, is the

Opposition, because of their divided state, are des-

perately looking for something to unify themselves,

something where the Honourable Member who spoke

to this (and we are not—

Mr. Jamahl S. Simmons: Point of order, Mr. Speaker.

The Speaker: Yes, yes, Honourable Member.

POINT OF ORDER

[Imputing improper motives]

Mr. Jamahl S. Simmons: I have listened with great

interest but the Honourable Member is [imputing] im-

proper motives. This has nothing to do with the inner

workings of the PLP and if he read something other

than the Royal Gazette, he might not be so misled.

Thank you.

The Speaker: Thank you. Thank you, Honourable

Member.

Carry on, Dr. Gibbons.

Dr. the Hon. E. Grant Gibbons: Thank you, Mr.

Speaker.

I am not [imputing] any improper motives. I

am simply saying this is what everybody is aware of.

This is what we have been told, even by the AME

Church. We understand what the situation is. So the

simple fact of the matter is—

Hon. Marc A. R. Bean: Point of order—

Dr. the Hon. E. Grant Gibbons: —they accuse us of

political expediency—

The Speaker: Yes, just a second Dr. Gibbons.

Yes?

POINT OF ORDER

[Misleading]

Hon. Marc A. R. Bean: Mr. Speaker, the Honourable

Minister is clearly misleading the House. There is no

evidence whatsoever of any statement by the African

Methodist Episcopal Church.

The Speaker: All right. Thank you. Thank you, Hon-

ourable Member.

Thank you.

Dr. the Hon. E. Grant Gibbons: I can leave this issue

in terms of what has been said or what has not been

said.

The simple fact of the matter is the Opposition

is accusing this Government of political expediency. It

is essentially a cynical argument. They are trying to go

back to a former time and a former place where there

were very different circumstances and one would say

there are clear issues about whether what was done

was right or wrong, as the case may be.

But the fact of the matter is that the Opposi-

tion is desperately looking for an issue, having pre-

dicted the downfall of this Government repeatedly

over the last three years, desperately looking for an

issue not only to unify them but essentially to take our

eye off the ball here. And the ball is to simply get this

community, this Island, back on an economic track.

We have had from my honourable colleague, Mr.

Richards, certainly an extremely good budget in terms

of where we need to go and this is simply part of that

overall issue.

Mr. Speaker, we have been accused of not

caring. We understand there are people out there who

Official Hansard Report 7 March 2016 1179

Bermuda House of Assembly

are suffering, but I mean, what is so . . . I guess the

word is maybe “hypocrisy.” What is so hypocritical

about this is the suffering—5,000 people out of work—

was initiated by the former Government, Mr. Speaker.

We are simply trying to correct the issue. And some of

these things are going to be difficult decisions, but Mr.

Speaker, they have to be made. We are simply trying

to get those people who are now probably pretty much

at their wits’ end because they have been unem-

ployed possibly since 2009, 2010, 2011, 2012, what

have you, and are still unemployed—we are trying to

get them back to work. And that is, by and large, the

basis of—

[Inaudible interjection]

The Speaker: Just, just, just a minute, Dr. Gibbons.

Honourable Member, Honourable Member

from constituency 21—I think . . . the Honourable

Member, you leave.

[Pause]

The Speaker: He can leave on his own, you don’t

need . . .

[MP, Mr. Rolfe Commissiong, withdrew from the

Chamber]

The Speaker: Dr. Gibbons, carry on. You can have

an extra three minutes.

Dr. the Hon. E. Grant Gibbons: Thank you, Mr.

Speaker.

Mr. Speaker, you know what is good for the

goose is good for the gander. We were accused all

morning of disrespect, and I think we know where that

actually lies right now.

So, Mr. Speaker, what I am talking about here

is this is simply an effort on the part of the Opposition

to reinstate failed immigration and failed economic

policies from the past. And I think that is the challenge

we have here. It is a way to sort of unify behind this,

but Mr. Speaker, they were Government then, they

had 14 years and what we saw was an unblemished

record of job losses by Bermudians over the 10-year

period from 2000 to 2010. We know—we know—what

happens with their immigration policies and with their

economic policies.

And, Mr. Speaker, I think we all know what the

definition of insanity is—if you try to do the same thing

again and expect a different result—that is the defini-

tion of insanity. That is what the Opposition is now

trying to impose upon this Government. They want to

go back to where they were before. And we know the

suffering, the job loss, the economic loss, that hap-

pened as a consequence of that. That is why we are

trying to move in a very different direction. We are not

trying to flood this country. We are simply trying to

hang on to those who are here now, who have made

economic contributions, social contributions, and a lot

of other contributions to this particular country—that is

the purpose of trying to get the current Government’s

immigration policy through.

I heard comments from the Honourable Mem-

ber who just took her seat, What would the business

community think about these issues? And the simple

fact of the matter is we have been hearing from the

business community on this. They understand very

clearly—John White, Chairman of the Chamber of

Commerce, said very clearly, We need to do some-

thing to essentially maintain the population and, if we

can, grow it. And I think the threats of repealing what-

ever we may do, I think all that does is it increases

concern in the business community. And those kinds

of threats do nothing—do nothing—to help those who

are unemployed, those who are looking for jobs, stu-

dents who are coming back now, and young Bermudi-

ans because it increases the lack of confidence that

we have done a good job, I think, in overcoming in the

last couple of years.

So, be very careful what you say, because

that is the message we are getting from that side, I will

send that right back again, Mr. Speaker, be very care-

ful what you say because, I think, all of our futures—

economic, social and otherwise—depend very much

on dealing with this in a respectful way, in a consulta-

tive way, and in a way where we have good debate on

this. But to threaten civil disobedience, to say we are

trying to step you back from the precipice, when in

fact they are trying to push us over the precipice, Mr.

Speaker, all that begs disingenuousness and certainly

not something that I think we need in this country right

now.

Thank you, Mr. Speaker.

[Desk thumping]

The Speaker: Thank you, Honourable Member.

The Chair will now recognise the Honourable

and Learned Member from constituency 36, MP Mi-

chael Scott.

You have the floor.

Hon. Michael J. Scott: I thank you, Mr. Speaker, I am

grateful.

You know, Mr. Speaker, as this initiative led

by the Honourable Member from [constituency] 17,

Mr. Brown, holds the Government’s feet to the fire, it

has produced some interesting revelations. All in all, I

had understood the driving force behind the pathways

to immigration to be the observance and holding up of

immigrants’ human rights. But now we hear it is a . . .

it has a bilateral objective, which is to keep immigrants

in this country in connection with supporting the econ-

omy.

But, Mr. Speaker, it is a false and ridiculous

narrative, I say with the greatest of respect. No one is

1180 7 March 2016 Official Hansard Report

Bermuda House of Assembly

asking immigrants who are here to leave. And for

those who would jump up and say that they will leave

if they do not get status, that, too, is a false narrative.

We do not know that. They have not [left up] to this

point.

People of this country are opposed, Mr.

Speaker, and I know and I am grateful that you have

allowed this debate because it is important. People in

the country are not prepared to accept as a rationale,

in fact it probably inflames our people, that the idea is

to protect a class of immigrants to keep them here.

What class? I mean, what the Honourable Member

from constituency 22, Dr. Gibbons, has said is that

they are trying to preserve currently residing immi-

grants. They make up a very diverse crowd and cate-

gory of people.

Under prior statements by this OBA Govern-

ment we all recognise . . . and this Opposition sub-

scribes, Mr. Speaker, to the principles of the Job

Makers Act, that you try and attract high net worth

members of the immigration community to the coun-

try. But waiters and pot washers and nannies are not

the kind of category that the Job Makers Act refers to,

Mr. Speaker. And I pause there to say this raises one

of the more important aspects that drives the need for

a broadly discussed question on immigration reform.

Who do we wish to give immigration pathways to?

And to whom do we wish to give status?

Mr. Speaker, the Honourable Minister for

Economic Development has presided over a White

Paper for Energy. I recall that we have had White Pa-

pers leading to Green Papers on regulatory measures

for the information technology platform in this country.

I began that process. Now, if you can have consulta-

tion that takes the form of Green and White Papers for

Energy and reform of the IT industry and then this

OBA Government and the front bench of this OBA

Government purport to say that they cannot have

broad debate on something as vital as the vote, the

work permit provisions of our country, the land owner-

ship provisions of this country, then what world are

they living in?

And indeed I have said the front bench, but

where is the backbench on this? Where is the back-

bench on this? Clearly, the question of work permits

and the movement of labour within this restricted terri-

tory, land ownership, and grant of status has to be

seen by Members of the Government to be worthy of

broad debate.

But, Mr. Speaker, this is why the debate is

important. This is why I believe that both rulings now

by you, Mr. Speaker, have been consistent with us

having this debate, not these weak efforts to stifle de-

bate or to misapply the rules of this place. This is why,

Mr. Speaker, your ruling . . . your first ruling was elo-

quent. It was plain that it spoke to the statement by

the Learned Attorney General that this was being

driven by the Member from [constituency] 17. No, Mr.

Speaker, you were satisfied that it had sufficient im-

portance. And I believe large members of our com-

munity share the view that I have and that you in-

cluded in your rationale for allowing this debate to go

forward. It has nothing to do with the whipping up of

tensions.

As a matter of fact, when the Honourable

Member, Dr. Gibbons (the Member who just took his

seat), says that we are seeking to whip up tensions, it

is not this side. It is the policy of Pathways to [Status]

that has whipped up and driven this debate this day

and the tensions in our community. I cannot under-

stand how they seek to put the shoe on the other foot.

Mr. Speaker, I cited Energy and I cited Infor-

mation Technology. The vote and the franchise in this

country—in this Island—the vote and the franchise in

this Island is important to our democracy. There could

be no more important a factor for people in this coun-

try than the vote and franchise because of its connec-

tion to our democracy.

But, Mr. Speaker, I could list a litany of issues

that would drive and that does drive the requirement,

almost the absolute requirement, and mandate for

broader debate, for a White Paper or a Green Paper

or certainly, as the Member for constituency 17 has

crafted it, for broad debate on immigration reform.

Human rights is one, which is the one that the Legal

Affairs Minister wishes to hang his hat upon. Birth

rates. Who should be granted status in the 21

cen-

tury in the face, Mr. Speaker, of a recent downturn in

the economy? Who should be green-lighted for Ber-

muda status? The whole question of whether in a

country with a population of 60,000-plus we can pur-

sue game plans of reciprocity underpinned by human

rights. Can we? But we are not going to answer this

by the placing on the Order Paper at point 01, the

placing on the Order Paper of an Immigration

Amendment Bill and say that is it. It does not a debate

make or a consultation make.

Mr. Speaker, the Member and Minister for

Economic Development said that the quote from San-

tayana was one that was finding much sway or play in

the House. But let me continue the other issues, so

that I make my point good, that the number of issues

affecting the good democracy of this country are . . .

and that are significant and that help to support the

reason why it is proper to confine this debate and this

matter as one that the public are interested in, the

public regard as important, and that we on this side

regard as important.

The history in our country of immigration is a

relevant matter. It is a local matter and there has been

even the history of caution, by UBP administrations,

on the grant of status. We bounce between the grant

of status at certain numbers, as the Honourable

Member from constituency 17 has laid out in his pres-

entation and history, and then there have been mora-

toriums. Clearly, the ruling classes from prior admini-

strations have treated this matter with caution and

wisdom. It has to be because of our size and the im-

Official Hansard Report 7 March 2016 1181

Bermuda House of Assembly

pacts that immigration—inward taking of people—will

have on the Island.

What numbers should we have? What are the

principles of whether this is a right or a privilege? That

is not debatable. It is a privilege, just like the privilege

of land ownership is regulated strictly in our country

and the privilege of work permits is regulated in our

country, so must the privilege of the grant of citizenry

be regulated and treated as a privilege.

Land ownership, work permits, and the very

advice that I started to refer to, the very advice from

CURB by the noble lady, Ms. Lynne Winfield. I would

like to dedicate my remarks this afternoon, Mr.

Speaker, to the concerned citizenry of this Island pri-

marily, but certainly to Ms. Winfield and another

woman, Ms. Diane Miller.

Ms. Winfield has said to this country, and I be-

lieve it has been cited by her, that our immigration

history has been both tragic and complex. And she

begins our history from the post-emancipation, where

there were efforts to re-deport—or, not deport, let me

get it right—yes, forced exportation of blacks in this

country. It has had that kind of response, post-

emancipation.

Mr. Speaker, she says it is complex and justi-

fiably because it has through the centuries, with your

permission sir just taking . . . so that I get it right, ef-

forts by successive prior governments to increase the

white vote in this country. I do not think I can be gain-

said by that, and that increase of white vote policy has

been engrained and hot-wired into both law and pol-

icy, namely the Immigration Act, Mr. Speaker.

Continued attempts, historically, to disenfran-

chise a certain class of this people—poor people,

black people, primarily—efforts to control birth in the

country. Now, when the person whom I Shadow in this

House made the case, or sought to make the case,

that we have a shrinking birth rate, I must remind my-

self . . . perhaps you will remind me. I must come

back to that point.

But these kinds of histories and the complex-

ity of them remain in people’s minds. Now the other

person that I, the other woman that I wish to pay trib-

ute to or dedicate my remarks to is Ms. Diane Miller.

She was a consultant. She owns her own consultancy

organisation. I recall the point when she was in this

country consulting to the Ministry of Telecommunica-

tions and E-Commerce and she said to me one day,

Michael, or Minister (probably Michael, we became

very warm friends and still are) in the information age

there are no more secrets. It is because access to

information is so prevalent, it is a commodity, it is as

commoditised as water is. And so when the other lady

to whom I dedicate my remarks today has pointed out

this complex and awfully tragic history, these kinds of

informational data points are in the minds daily of all

of us—every average Bermudian.

And so when Ministers of Immigration, wher-

ever they may be, introduce policies to increase voting

power in our country, people’s minds go immediately

to these most recently reminded histories of our coun-

try. And so no wonder, not the PLP or the Member

from constituency 17, no wonder the country is dis-

quieted by these provisions—no wonder that they are.

And we have called, as the honourable mover

of this motion has called for, pausing, reflecting, clear

evidence-based reflecting upon this proposal. That is

the PLP’s policy, it is completely the polar opposite of

what the Government is doing, this rush to place on

the Order Paper today an Immigration Bill to undergird

Pathways to [Status].

In a population, Mr. Speaker, a voting popula-

tion of 43,674, and with the margin of results that are

so narrow in many of the constituencies and the most

recent election . . . this, too, I add to my litany and to

my series of lists of matters that deserve considera-

tion, debate, and deserve to be considered in structur-

ing a law. It has not happened.

When the Learned Attorney General says that

it is arrogant for people to stand up in a public meeting

and close that meeting, I do know what the Honour-

able Minister expects, given the level of disquiet. It is

everyone’s constitutional right to stand and make it

clear to Ministers, whichever side of the divide that

you are on, that your proposal and/or your explana-

tions cannot persuade us, they are without merit until

you hear us and follow the proposal, the normal best

practice proposal of consulting and having a good old-

fashioned consultative discussion.

This allows me to move to another . . . this is

not a woman this time to whom I pay some tribute, but

to a former Member of this House, on the point of

consultation. The former Member, the Honourable

John Barritt (with your permission, Mr. Speaker) just

encapsulates just what is required by consultation,

and he writes, “absence is causing disquiet.”

And so when Members of the front bench say

that the disquiet is being driven by this Honourable

Member, it is absolutely disingenuous poppycock. A

blind, deaf and dumb person could see that this mat-

ter is causing serious disquiet in our country. Here is

what Mr. Barritt’s view has been,

“Compromise, col-

laboration, and consensus are not four-letter words,

as you well know, Mr Editor, but it sure seems like it

when it comes to modern-day politics, if you get my

drift.

“This can be one of the drawbacks to the

Westminster system and how the winning party gets

to take all, no matter how close the popular vote. The

party in power claims that it was elected to govern—

and so it should. Lead, that is. But that doesn’t neces-

sarily mean dictate, and especially when the other half

of the electorate didn’t vote for you and sent represen-

tatives of the other party to the Legislature.”

That would be us, Mr. Speaker. And it is the

reason we have stood and we stand on behalf of a

Royal Gazette, 4 March 2016

1182 7 March 2016 Official Hansard Report

Bermuda House of Assembly

number of people in our Island, presenting a narrative

that we believe is the one that is on their hearts and

minds. It has nothing to do with arrogance. It has to do

with representative politics.

The Government seeks to, as does the Oppo-

sition, seeks to strike what we often refer to in the law

as the “balance of convenience.” The Government’s

main plank has been we wish to acknowledge the

human dignity and human rights of long-term resi-

dents in this country. This is not foreign to the PLP.

We did just that whilst we had the Government, ac-

knowledged long-term rights, but we took the position

that the granting of status . . . we certainly did not do

anything like present a Bill and say that there are go-

ing to be Pathways to Status.

And let me deal with this point on birth rates.

Why are we not having more luck and joy on the

whole question of birth rates? I began to make this

analysis, Mr. Speaker, and it continues to remain with

me, during the Budget Debate.

Mr. Speaker, the criminal justice policies of

this country on the front of criminal law, drug enforce-

ment, drug interdiction, has caused a number of ex-

cellent baby-makers (if I may put it in that way), baby-

makers in our prison system. Dumping of Class A

drugs into this community was done by somebody,

and then comes the criminalisation of persons found

to be using or misusing drugs or in possession of

drugs. That adds another disqualification of this cate-

gory of men in this country, by and large black men—

many white men, young men, but certainly black men.

I do not know [but] I have ideas about who

sponsored these evil campaigns to introduce drugs

into this Island after the 1970s, compounded by eve-

ryone getting excited and saying criminalise these

people and put them in jail and so they become inca-

pable of becoming good breadwinners. Incapable, Mr.

Speaker, because they cannot find work when they

applied for work when they come out of these institu-

tions.

And so I make the point. You cannot say that

the idea of this Immigration Pathways to Status is to

redress low birth rates when the critical, Mr. Speaker,

birth-makers have been put in a most, most compro-

mised position by these awful, evil campaigns of the

past. I mean, we have been battling with it, so we

seek to decriminalise drugs. It has put us in a most

invidious position.

But the point I wish to drive home—we can-

not—we cannot place on the altar of granting of status

and immigration Pathways to Status, on the altar of

that situation when the whole reason for birth rates

has been driven by other significant, substantial fac-

tors. So I have gotten that piece out of the way.

So the Human Rights issue was laid bare by

the Government front bench Justice Minister as one of

the elements to put in this scale. But you have to put

into the scale too, Mr. Speaker, what the criteria are

for granting status—whether the number should be

capped, what kinds of immigrants do we want, should

they be high net worth—that whole list that I gave you,

not to repeat myself. All of this drives and engages,

Mr. Speaker, the need for discussion.

How can you suggest to people . . . no won-

der there are upset people in this country. How can

you suggest that all of these considerations, the ones

driven by work permits, the one driven by placement

in school, the one driven by land use where there is a

scarcity of land, the one driven by assignment of jobs

and the holding on of jobs in an economic condition

where jobs are scarce and unemployment is high?

How can a Government, how can a responsi-

ble Government, suggest that a rush to Immigration

laws and their amendments will in any way fly or be

wise? How can they? It is not the Opposition who are

asking this question, hundreds of people in the coun-

try are.

My colleague, the Honourable and Learned

Member, Ms. Wilson, talked about the purity of intent.

That is what she was talking about. Not the purity of

the Government, but the purity of intent. When Ms.

Miller advised me that there are no more secrets in

this world thanks to access to information, when she

did that, Mr. Speaker, she was speaking to the capac-

ity of every citizen in this country to quickly assess the

purity of intent of a Government that rushes an

agenda item on this Order Paper to pass laws in this

country dealing with Pathways to Status.

When one reflects, or when anybody reflects

on what has been done in the past, and then when

one sees the ungodly haste to which it appears . . .

and this may be appearance, but you cannot question

a person raising questions in their mind. And if they

are not listened to, then it is a hundred times worse. It

is worsened a hundredfold if your concerns, once ad-

dressed to the Government, are not listened to. It

tends to confirm suspicions.

If you try and land an aircraft on the L. F.

Wade Airport at speeds which are contrary to all

aeronautical principles, you risk crashing the airplane.

That is what is happening today. There is first the very

point that there is this concern about the vigour and

speed with which the Government is proceeding with

Immigration reform—not even Energy reform or re-

form of the regulatory environment of Information

Technology, areas to which everybody sang from the

same song sheet—saying this requires broad consul-

tation.

Mr. Speaker, if the consultation for the affect-

ing of commercial rights was seen to be a legitimate

driver of broad consultation, so you did not step on the

toes of people who had invested capital, blood and

energy into a commercial exercise, how much more

so is it important on this factor—this multipronged,

multifarious factor of land and work and vote?

If one thinks, Mr. Speaker, that another item

to add to the list and the litany that I listed is if voting

power is going to be impacted by the introduction of

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Bermuda House of Assembly

immigrants, an ordinary person would ask the ques-

tion, Is my vote of the ordinarily resident-born Ber-

mudian being diluted? Well, it is a question. It could

be hyped up into the most gross of hyperbole, but it is

a question that must be answered. It is not being an-

swered, Mr. Speaker, by the seeking to table this

amendment of Pathways to [Status}. It is not, em-

phatically not. It is completely avoiding the consulta-

tion that the honourable former Member of this House,

Mr. Barritt, has ascribed in his article.

And that is all we are doing in the Opposition.

We are pausing, insisting on there being process, in-

sisting that there be an evidence-based collection of

data, so that we can be sure that even if one of the

most likely outcomes is some level of grant of status

to immigrants who have attracted these rights, you

cannot get dynamics of some level of regulation,

checks and balances into the picture if all we have is

this Bill. I have not even read it, this proposed Bill. All

we have is a direct infusion of the achievement, or the

execution of Minister Fahy’s (from the other place)

aim to give rights to a broad class of immigrants. You

just cannot have it take place.

And so there are suspicions raised, Mr.

Speaker. Not only are there suspicions raised, there is

the criticism—and yes, Mr. Speaker, it is a criticism—

that this is arbitrary—

[Timer beeps]

The Speaker: Thank you. Thank you, Honourable

Member.

Hon. Michael J. Scott: —that this is arbitrary.

Thank you, Mr. Speaker.

The Speaker: Thank you.

Any Honourable Member care to speak?

ANNOUNCEMENT BY THE SPEAKER

HOUSE VISITOR

The Speaker: The Chair will . . . just before the Hon-

ourable Member speaks, I want to take the opportu-

nity to recognise former Attorney General, Larry Mus-

senden, who is in the Gallery.

[Desk thumping]

PARLIAMENTARY JOINT SELECT COMMITTEE TO

EXAMINE WIDE RANGE OF ISSUES INVOLVED IN

COMPREHENSIVE IMMIGRATION REFORM

[Continuation of debate thereon]

The Speaker: The Chair will recognise the Honour-

able Member from constituency 29, MP Zane De

Silva.

You have the floor.

Hon. Zane J. S. De Silva: Thank you, Mr. Speaker.

Mr. Speaker, I would like to start off by asking

every MP in this House—every MP, on both sides—

Why do you not take this opportunity to show every-

one in Bermuda—PRCs, work permit holders, em-

ployed Bermudians, and unemployed Bermudians—

that we in this House, MPs from both sides, love

them, appreciate them, and want what is best for all of

them?

Normally, Mr. Speaker, after making that

statement I would sit down. But because of some of

the things that have been said today it forces me to

continue on.

Mr. Speaker, the Honourable Attorney Gen-

eral and the former Attorney General, MP Pettingill,

both said they do not see the urgency of us having

this conversation today. They do not think it is a mat-

ter of urgent public importance.

Mr. Speaker, we saw several hundred people

here on Friday. We saw some very concerned dis-

turbed individuals at our public meeting. We have

seen calls to the radio station almost unprecedented

dealing with this particular subject. There are many

people in this Island that are upset. And they are not

upset so much because of what the OBA are trying to

do, you know. It is because of their lack of communi-

cation, their apparent lack of care and thought for our

people.

I do not think there is anybody in Bermuda,

Mr. Speaker, who does not appreciate our PRC popu-

lation, our work permit population, or our status hold-

ers that were not born in Bermuda. I do not think there

is anybody that does not appreciate them, Mr.

Speaker, at all. But I think what the OBA are doing or

trying to do, Mr. Speaker, without the proper consulta-

tion . . . they are ticking our people off.

Mr. Speaker, the Honourable Attorney Gen-

eral also talked about . . . and it seems to be the

OBA’s narrative over the past couple of months, spe-

cifically, the last few weeks. More and more of the

OBA MP’s and supporters are latching onto the narra-

tive—ageing population, declining birth rate. It is not

untrue. We do have an ageing population, Mr.

Speaker, and we do have a declining birth rate, and

we need people in Bermuda. We know that. We know

that. But, Mr. Speaker, where our priority should be is

on creating jobs. That is where our priority should be,

Mr. Speaker. It needs to be on creating jobs. That is

what will get people here. And we want people to

come to Bermuda to work, Mr. Speaker. We want

them to come here and use our restaurants. We want

them to support our local businesses in any which

way they can—whether it is grocery stores, retail

shops, the list can go on and on.

But where the OBA is failing is that they are

not creating jobs, Mr. Speaker. And granting of status

is not going to create our population. It is not going to

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create a growing number of people, Mr. Speaker. The

people we are talking about granting status to are al-

ready here. So I ask, as many Members on this side

have asked already, what is the hurry?

Anyone that has a PRC, Mr. Speaker, is not

going to get up and leave Bermuda tomorrow if they

cannot get status. They knew that when they signed

the papers. When they signed the papers for PRC,

they had no guarantee . . . I do not even think they

had a little wish that they may have status one day.

And they are quite happy.

Mr. Speaker, I will put my hand up. I have a

few people that work for me that when they received

their PRC it was like manna from heaven. They were

so happy and still are today. And if they get status,

fine. If they do not get status, Mr. Speaker, I could tell

you they are happy to be here. And we are happy to

have them, Mr. Speaker.

Now the Honourable Attorney General also

talked about my colleague, Mr. Walton Brown and—

[Inaudible interjection]

Hon. Zane J. S. De Silva: Yes, I do not know his ex-

act words when he talked about civil disobedience,

Mr. Speaker. But I will tell you what. The Honourable

Attorney General said that he is inciting violence. And

as for violence, I do not think he has ever . . . and he

is here, he can do a point of order on me. I do not

think the Honourable Member Walton Brown has

ever—ever—suggested to anyone in Bermuda, Look,

let’s go out and start some violence. Never! And the

Attorney General, Mr. Trevor Moniz, when he gets

back in the Chamber, or if he has an opportunity,

should withdraw that and apologise to Walton Brown,

Mr. Speaker.

Now, the Honourable Dr. Gibbons when he

took to his feet used the words “times and circum-

stances today” that had forced the OBA to take this

action. The times and circumstances of today. Mr.

Speaker. The PLP did not promise 2,000 jobs in 2012.

The OBA promised 2,000 jobs in 2012. And you will

know very well, Mr. Speaker, since that time we have

lost another 2,000. And yet you will hear many from . .

. if they speak, Mr. Speaker, you will hear from the

other side that the circumstances that we and Ber-

muda are in today are forcing the OBA to take this

position.

To use the words of my colleague, Michael

Scott, that is poppycock! That is poppycock. Darn

right it is, Mr. Speaker.

That is not causing them to take this position,

because in March last year the Honourable MP,

Walton Brown, brought proposed legislation to this

House for comprehensive immigration reform, and the

OBA shut it down. I think we took a vote that night.

They shut it down, Mr. Speaker.

Now, if they really cared for the people of this

country back then, and they certainly had a whole

year to rethink, and they have another opportunity

today to take the Honourable Walton Brown up on his

offer, to take the Progressive Labour Party up on their

offer, to take the people that stood on these grounds

just a couple of days ago up on their offer, Mr.

Speaker. And that is to have a rethink. And people are

angry, Mr. Speaker, people are very angry.

Mr. Speaker, the Honourable Dr. Gibbons

also talked about trends in population, growth and

direction. That is where the economy needs to go. Mr.

Speaker. He talked about 5,000 job losses because of

PLP policies, and it was initiated by the PLP, that is

why we lost 5,000 people who left Bermuda.

Mr. Speaker, you know, in certain circles in

Bermuda when someone talks like way off base, peo-

ple ask the question, Are you on crack? (When some-

one is way off base.) Now, I am not going to use that

term today, Mr. Speaker. But I will tell you what, to

make a statement like the PLP’s policies cost 5,000

jobs in Bermuda is, I will say, poppycock. Let us use

that word that we can use in this place, Mr. Speaker.

Five thousand jobs because of the PLP poli-

cies . . . are they crazy, Mr. Speaker, to make a

statement like that?

So I guess the PLP was responsible for all the

job losses in Greece, France, Portugal, Ireland, the

USA, every other country that was affected by the fi-

nancial crash in 2008. But no, it was not the financial

crash; it was the PLP’s policies that caused countries

to go bankrupt. That is what they would have you be-

lieve, Mr. Speaker, that is what they would have you

believe.

And the Honourable Dr. Gibbons said we are

trying to hang onto those that are here. As I said ear-

lier: Hang onto those that are here, Mr. Speaker? I

have not heard of one PRC holder that is talking about

their leaving Bermuda. In fact, just the opposite. We

have more of them that are applying to stay, Mr.

Speaker. So to say that our policies have cost Ber-

muda 5,000 jobs is a joke, Mr. Speaker, it is nothing to

me but a joke.

Mr. Speaker, in 2012 the OBA ran an election

campaign and in that election campaign, Mr. Speaker,

they said very clearly to the people of this country they

would not, they will not be giving status grants to PRC

holders in this country—they will not.

Mr. Speaker, I may have mentioned this on

Friday and I will say it again today. Do you think that

the people of Bermuda would have voted the OBA in

to govern this country had they said and made it clear

that this is what they would be doing right now? Do

you think they would be the Government of today? I

say no. I say no way, uh-uh. Because we know how

the voting patterns go in this country. And for one

segment of our society it does not make any differ-

ence what you do. But there is another segment of our

society that does care what you do.

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Bermuda House of Assembly

I can assure you, had this been on their

agenda in 2012, Mr. Speaker, the OBA would not be

Government today.

Mr. Speaker, I thank MP Brown for bringing

this action to the House today. I do thank him be-

cause, Mr. Speaker, the OBA may want to deny it all

they want, but there is an undercurrent of anger, there

is an undercurrent of serious concern. When you have

people of having no fear of going down to East

Broadway, first thing in the morning, to make their

point, Mr. Speaker, and risk, risk whatever . . . getting

arrested, of course, having their name out there, and

you know what happens when you make a stand in

this country, you show your face, you know there are

some people I swear take those pictures and put them

up in certain places in Bermuda and they make you

pay for the rest of your life.

But when you have people that are willing to

take that risk and bring East Broadway to a halt, and

you have people that are willing to stand up in a public

meeting and risk having their faces put out there, and

you have other people—our civil servants included—

that take the risk of coming out to this House after be-

ing . . . I am going to use the word “threatened” to par-

ticipate . . . or cautioned, Mr. Speaker, but when they

are willing to do that, to stand up on this issue, Mr.

Speaker, the OBA better sit up and pay attention.

Mr. Speaker, I think when Walton Brown

brought that proposal here last March, I think that we

would have been well on our way, well on our way to

resolving some of the challenges that we now face

because, Mr. Speaker, in comprehensive immigration

reform you can sort out processes, you can sort out

criteria, you can sort out how many passports should

be issued per year, how many status grants should be

issued, you could sort out how many PRCs could be

issued, you could have a nice cross-section commit-

tee that you would get a very diverse, I am sure, opin-

ion from and then make some very valid decisions,

Mr. Speaker. But the balance would have to be struck.

Balance will not be struck by passing legisla-

tion here tomorrow. If you just say, Look, let the Minis-

ter, let the OBA go ahead and issue those 1,500,

2,000 status to people, [balance] is not going to hap-

pen. But I think if you formed a joint select committee

you have a very good chance of striking a very good

balance. You could strike a very good balance with

regard to what decisions are made and how they are

made, Mr. Speaker.

Mr. Speaker, we do have a country that is di-

vided. Right now with the stance that the OBA are

taking, they are driving the wedge deeper in this coun-

try. Mr. Speaker, if the OBA presses ahead with this

proposed legislation without first forming a joint select

committee, a committee that is going to look into

comprehensive immigration reform, you know what?

We may go down a road from which we never return .

. . from which we never return.

And, Mr. Speaker, I know some PRC holders

that have been in Bermuda for a very long time. I

know some families that have one child who has

status and one child who does not. We need to fix

that. But I do not think we can take one big broad

brush and just paint everything. We cannot do it, Mr.

Speaker, we cannot do it.

So, we need to fix those things. We need to

fix families that have all these challenges within the

families. I heard a CEO of a very large international

company in Bermuda who I know has PRC, one child

does not, the other one does. And he says, Now,

Zane, what do I do? What do I do with my other child?

What do I do? And that particular person is someone

we want in Bermuda—has wealth, is a job creator—

but we can fix that very quickly. Can we not, MP

Brown? We could fix that very quickly. And there are

many cases like this that we could fix very quickly.

You get your committee formed, you line out

the policies, and you know what? This committee is

not just one that would get together, make some sug-

gestions and proposals, and come back to this House,

you know. I think that we would have to need a com-

mittee of some kind that would need to be working on

a regular basis from year to year, long after we are

gone. Because you know what? You are going to

have these types of situations that come up, unless

that joint select committee comes up with something

very crafty and ingenuous . . . and you are probably

the person to do that, MP Brown, that could fix this

thing once and for all. But to keep doing little piece-

meal bits of legislation every couple of years makes

no sense. It makes no sense.

Now, Mr. Speaker, one thing that is very im-

portant and one thing that concerns me very, very

much . . . and I have talked about it before, long be-

fore we talked about this stuff. I am worrying about our

land in Bermuda. I am worried about our land. Why

am I worried about our land, Mr. Speaker? Why? It

has been reported, Mr. Speaker, that we have over

2,000 of 6,000 acres of residential property in Ber-

muda that is already owned by non-Bermudians—

already. They are creeping up to 50 per cent of the

residential land in this country that is owned by non-

Bermudians.

Now, like I said, I love our PRC people to

death and I love all our work permit holders, love them

to death, Mr. Speaker. But let me say this, I worry

about our children and our grandchildren when it

comes to land because let us think about it for a mo-

ment. If I am a PRC holder and I have been in Ber-

muda 25 years and I have not been able to buy prop-

erty, what have I been doing with my money? Only

two things: I am either going to spend it or I am going

to save it.

Now all of a sudden if I can spend it and buy

property, what am I going to do? Because what are

our [important] goals when we are younger? What do

we want to do? We want to get a piece of the rock, do

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Bermuda House of Assembly

we not? We want a piece of the rock. So what is going

to happen now, all of a sudden, if the floodgates have

opened and all of our PRC holders and all of these

folks that are granted status can now buy property?

Now when you get status, you can not only buy prop-

erty, you can buy several, numerous pieces of prop-

erty.

Now, let us say, I just happen to be a well-off

individual and all of a sudden I am granted status.

Well, I could say, Look. I’ll buy 10, 15, 20, 30 acres. I’ll

buy five houses and rent them out. I’ll buy 10 houses.

What is going to happen to our property, Mr. Speaker,

for our children, grandchildren and great-

grandchildren? By the time they get to an age where

they start thinking about property, will there be any

left? Will there be any left for our children and grand-

children?

I will tell you what, joint select committee (if

you are formed); I would like to see that at the top of

the heap. That is very important, because you know

what? If all the property is gone and our great-great-

grandchildren cannot buy property, what is going to

happen? We are going to build councils like they have

in the UK, these big, big, all these . . . like when I go

down to Cuba, Mr. Speaker, they have all these

homes. It is a big square block, hundreds, hundreds

and thousands [of people] in some of them. That is

where they stay. Is that where we want [to put] our

people? Is that what we are going to do for our peo-

ple? Is that going to be the only option they have, is to

rent? Mr. Speaker, that is what concerns me. That is

what concerns me in this, Mr. Speaker.

We know that the OBA also passed a law

where exempt companies can also buy houses.

Okay? So you have the exempt companies that can

buy houses and you have PRCs that can now buy

houses. And if you give status to folks, then there is

no limit as to what and where they can buy. That con-

cerns me, and it should concern everyone in this

House, Mr. Speaker—everyone in this House.

So, I will ask all the OBA MPs that are in this

House today, Mr. Speaker, what about your children?

What about your grandchildren? Do you have four or

five houses that you can leave to your children and,

therefore, they can leave to their grandchildren? Have

you got your first home yet? Do your families have

their first home yet? Do your cousins, do your friends

have their first home yet? Do they have two or three?

Because I tell you what, if you are talking about 6,000

acres of Bermuda land and 2,174 have been bought

up already, there is not a lot left after that for our chil-

dren going hundreds of years down the road, long

after everybody in this Chamber is gone.

So I ask the OBA MPs, What about your chil-

dren and your grandchildren?

Mr. Speaker, I would like to finish on this note

(and it is where I started). Why do not all of the MPs in

this House take this opportunity? Look at MP Brown’s

urgent public importance matter that he has brought to

this House—look at it. Think about your children, your

grandchildren, your families, your friends. Think about

them. And I loved the way MP Walton Brown said ear-

lier, and show everyone that we love them, Mr.

Speaker. Show them that we love them, show them

that we care enough to pull back that legislation that

they are thinking about, that proposed legislation. Pull

it out, Mr. Speaker, pull it back and let us . . . and you

know what? I would encourage all of our Members on

this side, if the OBA pulls it back, let us not beat our

chests and say, Oh, look, we got you, because that is

not what it is about. And I do not think we will, Mr.

Speaker, because you know what? The fight here and

that nonsense that Dr. Gibbons talked about, Oh,

we’re doing this because we need something to unify

this group on this side. Mr. Speaker, is he crazy to

make a statement like that?

[Inaudible interjection]

Hon. Zane J. S. De Silva: Yes, sorry, sorry.

But, Mr. Speaker, to say that we are looking

for something, to say that MP Brown is inciting vio-

lence . . . let me . . . he might have suggested that it

might take civil disobedience, Mr. Speaker.

Hon. Patricia J. Gordon-Pamplin: Point of order, Mr.

Speaker.

The Speaker: Yes, yes, Honourable Member.

POINT OF ORDER

[Misleading]

Hon. Patricia J. Gordon-Pamplin: I think the Hon-

ourable Member inadvertently is misleading the

House. The Honourable Member on my side indicated

civil disobedience, he did not indicate violence.

The Speaker: All right. Thank you.

Hon. Zane J. S. De Silva: Ah, Mr. Speaker. The

Honourable Member should stay in the House a little

bit more because I could tell you—without a fact, I am

not asking you, I am telling you—what he said.

The Speaker: Honourable Member, you should be

. . . first of all, you should be speaking to me, and

not—

Hon. Zane J. S. De Silva: Yes. Yes.

So, Mr. Speaker, for that . . . but the Honour-

able Member, Mr. Speaker, should stay in the House

a little often because I can tell you, I will not ask the

question, I am going to say it, Mr. Speaker, that is ex-

actly what he said—Hansard will show that.

And, you know, I like a little bet, Mr. Speaker.

I will bet some heavy money that that is exactly what

he said, because I was shocked.

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Bermuda House of Assembly

So, Mr. Speaker, but I will tell you what,

Walton Brown or Lovitta Foggo—

The Speaker: The Honourable Walton Brown—

Hon. Zane J. S. De Silva: The Honourable Walton

Brown, any Member, Mr. Speaker—

The Speaker: The Honourable Lovitta Foggo.

Hon. Zane J. S. De Silva: Even yourself, if you got up

in public, Mr. Speaker, and said, Look, you know

what? We need some civil disobedience. Well, Mr.

Speaker, if you stood up and said, Look, I think every-

body should go down to Horseshoe Bay and jump

overboard—

The Speaker: Do not put the Speaker into all of this.

Hon. Zane J. S. De Silva: But if he was to say, I think

everybody should go down to Front Street and jump

overboard tomorrow, Mr. Speaker . . . What? Is eve-

rybody going to do that?

I mean, what we have seen from our people in

the last several weeks, Mr. Speaker, is their discon-

tent, their anger, and they are hurt. They are hurt. A

lot of those people that were up here have family

members and friends that have been out of work for

some time, Mr. Speaker, and that is where the OBA

needs to direct their energy. If they want to talk about

granting of status and all that, what is the hurry? You

have people out of work. It is obvious that the Hon-

ourable Member Bob Richards, the Finance Minister,

his policies have not worked for three years. They

promised 2,000 jobs, they are not working.

Read the Honourable David Burt’s Reply to

the Budget . . . diversify, create some jobs, that is

where your priority should be, Mr. Speaker.

Mr. Speaker, I will take my seat, and before I

do I would just like to emphasise one more time my

thanks to MP Brown for bringing this to the House to-

day. My hope is that the OBA will listen, and they can

ease some of the tensions in our country by letting the

people know that they are going to step back a little

bit, they are going . . . and they are always saying . . .

Premier Dunkley is always saying in this House, Mr.

Speaker, Let’s work together. Let’s work together.

Well, you have an opportunity.

You have an opportunity, Premier, to show

the people of this country that you are going to step

back a little bit, let’s work together, let us do some-

thing that is good for all of our people—PRCs, work

permit holders, our unemployed Bermudians, and our

employed Bermudians.

Thank you, Mr. Speaker.

The Speaker: All right. Thank you, Honourable Mem-

ber.

Any other Honourable Member that would

care to speak?

The Chair will recognise the Honourable

Member from constituency 13, MP Diallo Rabain.

You have the floor.

Mr. Diallo V. S. Rabain: Thank you, Mr. Speaker.

First of all, like the rest of my colleagues I

would like to thank MP Brown for bringing this motion.

It is something that has been talked about ever since

2013 that, you know, this is the way to go. But for

whatever reason the One Bermuda Alliance has con-

tinued on the path that they have decided to go down.

Mr. Speaker, I would like to begin by saying

that when you make a commitment you build hope.

When you keep it you build trust. What the One Ber-

muda Alliance has consistently done since 2012 is

issue hope, but never keep the commitment. So what

we have . . . and for some reason MPs are getting up

and trying to explain how their constituents feel, how

the general [public] feels, that they have of the vibe of

Bermuda. And the One Bermuda Alliance is essen-

tially saying, I don’t believe that, or as my friend said,

Poppycock.

When we talk about immigration, it has always

been a thorny topic. It has always been a thorny topic.

It is one of those things, Mr. Speaker, that you have

people still alive in Bermuda (people a little bit older

than me) who remember, who have vivid memories of

the racist immigration policies of yesteryear. All right?

So when you stand up and say, We know that hap-

pened, and I think I want to say the Honourable Dr.

Gibbons said, It may or may not have been right,

when he spoke (I am paraphrasing, of course). But

you know I find that interesting that he would make

such a statement because it is a known fact that it

was wrong.

So when we have an MP that stands up and

talks about these racial policies of the 1960s and the

1950s and the 1970s and the like and says, Well, it

may have been wrong—and we have all now ac-

knowledged that it was incorrect and it did do some-

thing to Bermuda that we just do not want to go back

to. And what we are seeing now is something that

seems to be motor-boating us back towards that era.

Mr. Speaker, since 2013 there have been four

amendments to the Bermuda Immigration Act—four

attempted amendments. One was turned back by the

Government because it was an Opposition Bill. And

the interesting thing about that is three of those four

amendments all dealt with PRCs and non-

Bermudians, and all of them, sans the one that MP

Brown had brought, were about strengthening their

position in Bermuda. And, of course, when I am talk-

ing about these amendments I am talking about the

one that we have here.

But, Mr. Speaker, I think what we are trying to

get the One Bermuda Alliance to recognise is that

there are some facts here. And you know, some of

1188 7 March 2016 Official Hansard Report

Bermuda House of Assembly

this is emotional, and it will be an emotional topic, but

let us talk about some facts.

You have a Government that promised 2,000

jobs. We have a country that has not only not seen

the 2,000 jobs, we have seen over 2,000 jobs disap-

pear—2,000 jobs for Bermudians. We have a Gov-

ernment that when looking at the Labour Force Sur-

vey of 2015 show that 307 jobs were created for non-

Bermudians last year, 413 Bermudians disappeared

from the workforce. These are facts.

And they wonder why when they stand up and

say, we need to make things stronger so PRCs and

non-Bermudians have more security in Bermuda . . .

where is the concern about the security for Bermudi-

ans in all of these conversations and in all of these

Bills that come forward?

We have this narrative of . . . and I am reading

from one of their posters, They are the faces of our

neighbours, friends, and co-workers. They made a

commitment to Bermuda years ago; let’s make a

commitment to them now. What about the Bermudi-

ans that have made a commitment by being born

here? And being Bermudian by virtue of birth, they do

not see a future in Bermuda. Where is the commit-

ment to them?

We want to make a commitment to someone

who came to Bermuda on a work permit 25 years ago,

their employer manipulated the work permit policy and

they ended up staying here, and we want to now re-

ward that bad behaviour by saying become a citizen.

That is what we are looking at here. And I think MP

Brown mentioned that (and no one has spoken to it)

our work permit policy is broken. It is absolutely bro-

ken because that is what is creating the problem we

have now. And we heard Dr. Gibbons talk about

xenophobic—

The Speaker: The Honourable Member.

Mr. Diallo V. S. Rabain: —the Honourable Member

Dr. Gibbons, talk about xenophobia.

Well, Mr. Speaker, let me ask you this. Some-

one who does not live in your neighbourhood comes

and borrows something from you. Twenty years later

they do not bring it back, but they come to borrow

something else and you say no. And they say to you,

You’re not letting me use that because I don’t live in

your neighbourhood. No one wants to look at the fact

that they took something, managed to keep it for 20

years and never brought it back. That is not part of the

conversation because it is more politically expedient

to say, You just don’t want to let him have that be-

cause he doesn’t live next to you. And you call it

xenophobic.

That is our problem, Mr. Speaker. We need to

fix the Immigration policy. Nothing in this Bill that is

attempted to be tabled today addresses that fact. This

is why we need comprehensive immigration reform.

We need to look at that entire Bill from top to bottom

and come up with something that is a happy medium.

We are not going to make everyone happy. We are

not going to make everyone, you know, ecstatic over

whatever we come up with. I know that. We all know

that. But we owe the Bermuda public, the Bermudi-

ans, the ability to consult and give their feedback.

Now, when the Honourable Attorney General

stood up and talked about, When you were over this

side you didn’t want to collaborate, and he spoke

about Dr. Brown and the like. And you know, some-

times . . . and what do you hear when you walk out of

these Chambers? You hear people say, You guys

sound like children. Because you did it, I’m gonna do

it. Because you did it, I’m gonna do it this way.

Now, the PRC legislation was created under

the Progressive Labour Party. We found time to con-

sult. We found time to do Green Papers and the like

and come up with documents and have town hall

meetings and talk to the people. We came up with a

policy. It was not agreeable to everybody, but not . . . I

dare you to go out there and find anyone to say that

consultation did not take place. We did not show up

with an already scripted and written idea and say,

Well, now I’m gonna to tell you what I’m gonna do,

and see what feedback I get from you. It was not done

that way. We had the Attorney General on that televi-

sion programme. When he was asked, Why not do a

Green Paper? He said, We just don’t have the time

. . . the urgency. All right? But today he is saying,

Well, what’s the urgency? You know, it is kind of this

flip-flopping. When it is urgent on that side, it is okay.

When we say something is urgent, it is not okay.

Now, Mr. Speaker, the One Bermuda Alliance,

is attempting to force this through. And I am not going

to go into the scripting of the voter landscape and the

like because no one here knows . . . not one person

here knows how anyone is going to vote. But again, I

will just quote facts. The facts are that 95 per cent of

the whites on this Island have voted UBP or OBA. The

facts are 67 per cent of the current PRCs are of white

or European descent. So we do not know how they

are going to vote, but we can have a pretty good idea.

We can think, based on facts, that that is the most

probable occurrence.

So the question then becomes, Why the rush?

Why the rush? You know, some of my colleagues

have talked about this particular topic and said it was

not a mandate the people gave you. The people did

give you a mandate when you held up that pretty chart

and said, Can you afford five more years of rising

debt? You gave them more debt. When you . . . ex-

cuse me, Mr. Speaker, when you said, I promise you

2,000 jobs. You have not given them that. When you

said you promised to fixed-term elections . . . there

does not seem to be any movement there.

You promised them that you would suspend

term limits, you cancelled them. You promised the

right of recall of MPs . . . no movement there, no ex-

pediency there. You promised to widen the voter base

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Bermuda House of Assembly

by absentee voting . . . no movement there. But we

now have something that you explicitly said you would

not do and all of a sudden it is a sprint. Right?

And when you look at the facts, if it walks like

a duck, quacks like a duck, it probably is a duck. And

that is the problem that people have. What we are

seeing is yet another attempt to make everything

sweeter for the non-Bermudian while all the promises

you made to Bermudians have been just pushed by

the wayside. How are the people supposed to feel?

How are the people supposed to feel?

You know, last summer when the Minister of

Home Affairs who sits in another place brought yet

another Immigration amendment, Mr. Speaker . . . and

what was that amendment? That amendment was it

allowed PRCs to purchase any property they want on

the Island—any property. It reduced the ARV to zero

for any property. If I look at the Labour Force Survey

of 2015, the median income for non-Bermudians,

which includes PRCs, is $20,000 more than Bermudi-

ans—$20,000 more. You look at the unemployment

rate, Bermudians stand at 8 per cent, PRCs or non-

Bermudians stand at 3 per cent. As I said last summer

and I am saying now, what is the urgency to give an

already advantaged group an even bigger advantage

over Bermudians? Why? What is the urgency to do

that? No one has even begun to talk about why it is so

urgent to do that.

We have got ads. We have got these adverts,

and we have got these people giving testimonies. One

of them says, I’m a PRC . . . and if you do not mind, I

would like to actually read it, Mr. Speaker. And this

one says [that] despite having a permanent resident

certificate she is unable to obtain full Bermuda status,

which she says continues to present concerns to her.

I’m constantly asking myself, should I stay or should I

go? What does giving this person status give them

beyond what they have now? Not one single thing

except the right to vote—except the right to vote. This

person can buy homes, they can buy up to two

homes, which is probably more than the average

Bermudian can even dream of, can even dream of.

Like I said, with her $20,000 more per year that they

are earning, that they have been stockpiling.

You know, and again, speaking to facts, last

year home sales slightly went up and the One Ber-

muda Alliance made this grand announcement, 36 per

cent of them were cash sales. Who has got cash?

Who has got cash to buy homes? Ironically, these

sales all came after the One Bermuda Alliance al-

lowed PRCs to buy any home they want.

So who is this Government really looking out

for? This is what the people feel. This is what the

people say. You cannot dispute the facts. You cannot

dispute that this [class] of people in Bermuda make

more money than them. You cannot dispute that they

are better employed than them. You cannot dispute

those facts. You cannot dispute the facts that 95 per

cent of whites in Bermuda will vote for the OBA/UBP.

You cannot dispute that. I will wait for the point of or-

der.

[Laughter]

Mr. Diallo V. S. Rabain: Now, I do take exception to

the Honourable Attorney General saying that my

friend MP Brown is trying to incite violence or encour-

age people to break the law. You cannot tell people

what to do. And for some reason the blame keeps

getting pushed over here that it is the PLP that is en-

couraging people to protest, it is the PLP that is en-

couraging people to rise up. No, it is the OBA policies

that are encouraging people to do that. And the more

they continue with these policies that give the appear-

ance that they are attacking Bermudians and making

things more comfortable for non-Bermudians, the

more they are going to expect the type of distur-

bances that we have seen. And it is going to get

worse. And what we are standing over here doing is

we are trying to say, Please, put the brakes on and

understand what you are doing.

We are out here trying to say we have talked

to people where we see it. We see where this is go-

ing, we see the anger bubbling below the surface and

we are trying to say, pause, let us sit down and talk,

let us come up with something that we can move for-

ward with.

You know, I just want to get back to this bro-

ken work permit policy that we are talking about. You

know, as an employer myself, I have admittedly filed

work permits. I have gotten employees that I could not

find. I found it quite frustrating. And when I have these

discussions with my peer group, one thing that we do

note is that it is really the responsibility of the em-

ployer. You cannot blame a nanny who has come

here looking for a better life. They are not coming here

to become a part of our community, initially. They see

a job advertised halfway around the world about a

place where it is sunny and has a beach, and they are

like, You know, that’s something I think I would like to

try. I would challenge anybody to say that the majority

of people pick up sticks and say, You know some-

thing? I want to move to Bermuda for the rest of my

life. I challenge anybody to come up with that. It is a

ludicrous comment.

You know, but they come here . . . and most

of them, I want to say through no fault of their own,

are pawns in this failed work permit policy we have

and their work permits and their policies just keep get-

ting renewed and renewed and renewed. You know,

then they start having children and, of course, after

you have been somewhere for 20 years, 25 years,

you are going to want to say, Hey, you know, that is

my home. I would like for that to be my home.

But what we are asking us to do is to reward

bad behaviour, reward employees who manipulate the

work permit policy. That is what we are asking us to

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Bermuda House of Assembly

do today, without addressing the bad behaviour. We

are stuck. We are stuck now. We have a cadre of

people who fall into this category. But what are we

doing to prevent that from ever happening again?

What does this Bill do to address that? Nothing.

You know, Mr. Speaker, the Honourable At-

torney General said some poignant words when he

spoke, I am assuming, to his colleagues. And he said

one thing that stood out, and I have it here circled, I

wrote it down. He said, Do you want Bermuda to be

successful or do you want just to be the Government

again?

I encourage those Members to hold up a mir-

ror to themselves and repeat that because that is what

it looks like to not only the Members on this side, but

to the general public who are upset at the policies that

they are trying to bring. And let me repeat that, do you

want Bermuda to be successful, or do you just want to

be Government again? That is what people are asking

of them. It is ironic he asked it of us, but that is what

he is asking of them.

You know, this particular topic has been quite

divisive. I do not know if anyone . . . if you, Mr.

Speaker, have been actually following any of the dis-

cussions that have been going on. I mean, it is really

on the tip of everyone’s tongue. You cannot go any-

where without hearing someone having an opinion on

this. It has reached, or should I say it has sunk, to lev-

els that I do not even want to begin to discuss. I have

seen youngsters—I say youngsters—using certain

language with elders, and I am sure people of your

age as well. I am sure you would not like for someone

in their 20s to call you the types of things that I have

seen anyone opposed to this route say.

But one thing I want to get clear, and a One

Bermuda Alliance narrative I want to dispel. No one

over here is saying that we cannot give status. No one

over here is saying that these people do not need

some sort of level of security at some point. No one

over here is saying that, Kick them out and get them

cracking just because they are here on a work permit.

No one here is saying that.

What we are saying is we need to sit down

together and not even . . . when I envision the joint

committee, I am not just envisioning MPs. I am envi-

sioning people out there, outside of these walls as

well, if we can, because this is something that is going

to take . . . this is something that is going to require us

to go and talk to the people and get them to bring their

ideas and then form a policy—not create a policy and

then talk to the people. It just does not work that way.

That is not collaboration, in any way, shape or form.

The One Bermuda Alliance has this odd way

of saying, We talked to the people. They have a town

hall meeting in a place that sits a hundred people, you

know, at 5:30 when people are, you know, trying to

get home from work. I am just saying they seem to

make these meetings very inconvenient for people to

attend. And that is something that just needs to stop.

They need to show that they have more respect for

the people of Bermuda than what they are showing,

Mr. Speaker.

And, Mr. Speaker, you have heard me talk

about the propensity of white voters in Bermuda. You

have heard me talk about Bermudians versus non-

Bermudians. But this is a topic that crosses racial

lines. If you go and look at the people who are protest-

ing, they are from all walks of life—black, white, non-

Bermudian, Bermudian. They see it. They see what is

happening. They see what the One Bermuda Alliance

is trying to do and they are saying, you know, This just

might not be the right way to go, not at this time.

So on that note, Mr. Speaker, I urge the One

Bermuda Alliance . . . I see very few of them in their

seats right now listening. So Mr. Speaker, I urge them

to slow down, take stock really of what they are doing

and the potential that they have to damage this Island

that they say they care so much about. And when I

say damage this Island, Mr. Speaker, I do not even

want to begin to think of the types of things that this

bull-headed version of governance can drive people to

do. Because, you know, I listen to people. I talk to

people. And they are vexed. They feel disrespected,

they feel unappreciated, they feel like they are just

being taken for granted.

You know, during my maiden speech I spoke

about the writing being on the wall. And when I spoke

about the writing being on the wall . . . and this comes

from talking to constituents. There is a narrative out

there that people believe the One Bermuda Alliance

realised that the chances of them winning another

election is relatively slim, and because of that they are

just throwing everything in. They are just throwing the

kitchen sink in; they are trying to do everything they

can before they are relegated to the Opposition again.

But as I told the Premier a few weeks ago,

you do not govern based on general election times.

You govern correctly every single chance that you get.

You have to be a Government that is for the people

because you are elected by the people.

And, Mr. Speaker, I will finish with this, again,

and I ask the One Bermuda Alliance, the same way

that the Honourable Attorney General spoke, Do you

really want Bermuda to be successful or are you just

wanting to be Government again?

Thank you, Mr. Speaker.

The Speaker: Thank you, Honourable Member.

Any other Honourable Member care to speak?

The Chair will recognise the Honourable Min-

ister Patricia Gordon-Pamplin.

You have the floor.

Hon. Patricia J. Gordon-Pamplin: Thank you, Mr.

Speaker.

Mr. Speaker, let me contribute to this debate

today to perhaps try to convey to Members opposite

that there is no sinister motive on our behalf, notwith-

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Bermuda House of Assembly

standing the message that Members opposite might

try to portray to the people of Bermuda in their inter-

pretation of the purposes for the Immigration Amend-

ment Act that has been proposed to be tabled.

Mr. Speaker, we heard the comments—the

provocative comments—when it was first indicated to

the public what the Government was trying to do. And

in those comments where it was said, Now is the time

for civil disobedience. And you got responses on

Facebook asking, When and where? You tell me

when and I’ll be willing to show up. That is the kind of

thing that if Members opposite and the Honourable

Member bringing this [motion] had a concern about as

opposed to taking that approach, Mr. Speaker, would

have come and said, Can we discuss this before—

Mr. Walton Brown: Point of clarification.

Hon. Patricia J. Gordon-Pamplin: Yes, I will take it.

The Speaker: Yes, MP Brown.

POINT OF CLARIFICATION

Mr. Walton Brown: Just to be clear, Mr. Speaker, for

three years I and the Progressive Labour Party have

been calling for collaboration. We have been calling

for dialogue on precisely these issues.

The Speaker: All right, thank you, Honourable Mem-

ber.

Minister?

Hon. Patricia J. Gordon-Pamplin: Thank you, Mr.

Speaker.

Let me just say that when Members opposite

say they, we’re calling for dialogue, we’re calling for

comprehensive reform, we’re calling for collaboration,

in the one breath, that was what was being asked for.

In the other breath, from the very leadership of the

Opposition party, they said, there will be no collabora-

tion with this Government.

So, Mr. Speaker, what this Government has

had to do is to effectively look at the things that were

necessary in order to keep the head of the country

above water.

Mr. Speaker, we hear about what might be

deemed to be some kind of cynical or sinister ap-

proach that we have taken towards immigration re-

form. Mr. Speaker, there is a song by Bob Marley that

effectively says, A hungry man is an angry man. And,

Mr. Speaker, we can look at this from two perspec-

tives—one, a person who is unemployed, a Ber-

mudian who is unemployed, has every right to be an-

gry if they feel that they cannot find a job in their own

country.

Mr. Speaker, I would be equally as angry. But

Mr. Speaker, let us be very clear that for the people

who have been able to be here for the length of time

that might give them the opportunity or the ability to be

eligible to apply . . . let me just say the 15-year period

of time that was being referred to, Mr. Speaker, this

Government has been in office for three years, in ser-

vice to the people of this country, which would sug-

gest that if somebody has been able to be here for 15

years the other 12 years would have had to have

been based on lax immigration policies by the previ-

ous administration in order for them to get to the 15-

year mark.

So, Mr. Speaker, while Members opposite are

looking at us saying that we ought not to be going

down this path, Members opposite have yet . . . I have

yet to hear anybody say, We screwed it up during our

term of administration in not ensuring that there were

robust immigration policies in place in order to ensure

that people do not have their work permits rolled over

and over and over, because that is what happened.

Honourable Members would know that their policy,

their legislation called for term limits, but none of

those term limits seem to have had any impact, Mr.

Speaker, because otherwise you would not have had

people who were here for six years now being here for

15 years and in the position of being eligible to apply.

But, Mr. Speaker, I am looking at those who

have been here even for a far longer term. A gentle-

man I spoke to the other day—43 years. Mr. Speaker,

there were some testimonials that were given at the

time that the Ministers . . . the Attorney General and

the Immigration Minister had some. I guess they were

attempting to have town hall meetings. They were

shut down. But in their desire to get the information

out to the public they did a CITV presentation. And as

part of that presentation they were running some tes-

timonials, one of which was from a gentleman who

has been here for 20-some years who has a company

which employs 20 people—a significant number of

Bermudians.

Mr. Speaker, if we take away the capacity of

somebody who has created those jobs and say, Sorry,

we’re not going to give you what you are looking for in

terms of permanency, at that point in time, Mr.

Speaker, I have no doubt that that individual has per-

haps made tons of money, could conceivably jump up

and leave the country, could very well do that, and

take with him the positions where the jobs are that we

need to continue to have. And then what will we hear

from the other side, Mr. Speaker? Oh, you all have

lost more jobs!

Mr. Speaker, we have a responsibility to make

sure that we provide an environment in which em-

ployment is available to Bermudians. I can recall, Mr.

Speaker, every single programme, every single con-

cept, every single project that has been advanced by

this side has met tremendous opposition from the

other side. Hence, the question that my honourable

colleague had is, Are you really interested in Ber-

mudians as you would profess to be? Because it be-

lies the action and the rhetoric that we hear that would

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suggest for a second that there is a level of concern

for our Bermudian people.

Mr. Speaker, if you are willing to watch an-

other employer walk out the door because there is no

security, there is no permanency . . . if you are willing

to do that, then I have to question your sincerity in

showing that you have concern for Bermudians.

What we have heard a lot of today, Mr.

Speaker, is about all these white people who histori-

cally have voted for the United Bermuda Party and will

now vote for the OBA. Mr. Speaker, that is a presump-

tion that any and everybody who is eligible to apply is

somebody white. That is the insinuation coming from

the opposite side, Mr. Speaker, and that is not true.

Members opposite know it. We know it, Mr. Speaker.

But I can tell you, Mr. Speaker, if for one second there

was some attitude coming from anybody on this side

that would say, My concern is because how many

votes can we get, Mr. Speaker, I would not want to be

a part of that.

Mr. Speaker, I am the Minister responsible for

Financial Assistance, and I have seen people walking

through the doors of the Financial Assistance De-

partment in dire straits. And I am not going to sit back

knowing if I have the opportunity to support something

that would allow people to be employed . . . I am not

going to sit back and refuse to help to put that struc-

ture in place to allow those people to become em-

ployed, Mr. Speaker. That is my concern. My concern

is not, Mr. Speaker, as Members opposite would have

you believe, that all we want to do is to make sure that

we have got some white people whose names are

going to go on the electoral roll and, therefore, we

could maybe eke out a couple more votes.

Mr. Speaker, that would be so short-sighted.

But we have a bigger responsibility as the Govern-

ment, Mr. Speaker, to look at how we can feed those

people who are falling through those cracks of the

increasing age rate versus the decreasing birth rate

and the people in between.

And, Mr. Speaker, we hear Members opposite

say, Why doesn’t the Government consider first of all

repatriating Bermudians? Let’s have some wonderful

plan to bring back our Bermudians who have left the

Island because of their frustrations and their inability

to find employment.

Mr. Speaker, let me just say that there are

some other reasons. We have heard Members oppo-

site almost to a person, and not that I want to reflect

on a debate, Mr. Speaker, but almost to a person de-

cry the ability of, or the rights of LGBT people to take

up their rightful place in their country. And let me say,

Mr. Speaker, other than the Member opposite who

brought this Bill . . . and I have to give him credit for

that, Mr. Speaker. When we are hearing people say,

Let’s repatriate . . . Mr. Speaker, do you know how

many professionals we have, Bermudians, who have

emigrated because of their inability to feel comfortable

in their own country because their lifestyle happens to

be different from a certain segment of our community

who do not want them here?

What have we then done? We have had to

bring people in to fill those positions, Mr. Speaker, that

our Bermudians in their rightful country have been

denied the opportunity because they have been made

to feel ostracised. That is a challenge, Mr. Speaker.

But we have said, Oh, no, we don’t want “them” here.

We don’t want “them” to have any rights. And “they,”

Mr. Speaker, have been effectively deported from

their own country, deported from the prospect of being

able to come, live, have the right to family life and to

have some kind of degree of permanence in their own

home.

That would help, Mr. Speaker, to plug the gap

of some of those people who we have had to bring in

on work permits. So that is a very real situation. You

cannot have it both ways. You cannot on the one

hand say, I do not wish to provide an environment in

which our Bermudians can come home and have a

right to family life, but yet on the other hand say, Let’s

repatriate our Bermudians. Make up your minds, Mr.

Speaker, they have to determine what it is that they

would want.

Mr. Speaker, one of the challenges that we

have is the level of disinformation and misinformation

that permeates throughout the community. I was on

my way back to work today, Mr. Speaker, somewhere

around two o’clock, and I happened to listen to a cer-

tain radio talk show which I very rarely listen to be-

cause it rarely is of any value. However, today it just

happened that my radio station which is normally on

105.1, I obviously had clicked it and it had moved to

another station. And I heard a gentleman asking some

questions about this proposal in terms of the Immigra-

tion Amendment. And the host of that programme

said, I want you to understand what the Government

is not telling you is that anybody coming to the Island

on a work permit from today will be eligible for PRC or

status—coming in today.

Now, Mr. Speaker, that would presuppose . . .

you know, I really come unstuck when half a story is

told, Mr. Speaker. And when half a story is told with

the aim of misinforming, I think that is just as danger-

ous as not telling the story at all. Because the reality is

that should one have robust immigration policies and

controls, we would not be in the situation that we were

in that for 14 years we have people who have now

been here so long that they would be eligible for ap-

plications under this particular new amendment that

was being proposed, Mr. Speaker.

That is, you know, disingenuous. It is dishon-

est, Mr. Speaker. And that is the level of disinforma-

tion that the public is being fed. Most of them are not

going to sit and listen to this debate, Mr. Speaker, and

I am sure that the Member bringing this particular mo-

tion today would abhor misinformation. I am certain of

that, Mr. Speaker. But I think that we have an obliga-

tion not just to say, How can we work together on

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this?, because Members opposite have already said

they do not want to. And you know what, Mr.

Speaker? I still think that there is opportunity on cer-

tain things to be able to work together. However, Mr.

Speaker, when you have an urgency . . . and what is

the urgency as we keep hearing the question being

asked, what is the urgency? The urgency is when you

see hungry people, you want to make sure that they

are not left hungrier by having people who might oth-

erwise be permanent decide that it is their time now to

pack up and move out and leave the country, Mr.

Speaker. That is a problem.

Mr. Speaker, we heard an Honourable Mem-

ber opposite laud one or two people in the public who

have led this charge, not least of whom one is a status

holder. So, Mr. Speaker, when you hear people say,

I’m okay Jack, let me pull up the ladder because you

all cannot get it. I’ve got it. I’m okay Jack, that is pretty

dangerous, Mr. Speaker. It is not only selfish, it is self-

ishly motivated, and nobody ever will tell me that I

could listen to that particular individual and garner

from that any degree of concern for anybody Ber-

mudian. Mr. Speaker, that person is Bermudian by

status. So you know what, I’m okay, Jack . . . pull up

the ladder.

Mr. Speaker, I mentioned the other day that I

am a first generation Bermudian, and but for the situa-

tion into which my parent found himself in coming to

this Island, Mr. Speaker, if he were made to leave af-

ter two or three years he would have been gone in the

’40s long before I was even thought of. However, that

was not the case. And being a first generation Ber-

mudian, Mr. Speaker, I am not going to stand here

and say to somebody else, You don’t have any rights.

I do because I was here before this matter came up,

but you don’t have any rights. I have, but you don’t. Is

that right? I do not think so, Mr. Speaker.

Mr. Speaker, I think it is important also when

we heard the Honourable Member from one of the

constituencies indicating that according the European

Convention on Human Rights that there must be “due

regard . . . to local requirements” in speaking of the

territorial application relating to right of residence.

Mr. Speaker, let me just say, “due regard to

local requirements,” well, if the local requirement is

not deemed to be sufficiently important that we are

looking out to try to find a way to feed our people by

stabilising those people who would give them jobs,

Mr. Speaker, then I think that we are missing the

point—we are missing the point.

Mr. Speaker, I would say that as we continue

to look at Pathways what does this Opposition decide

that they want to do? They bring a motion today to

say, We want to tell the Government don’t table any-

thing relating to this. This motion was brought proba-

bly before they even saw the legislation, Mr. Speaker.

Many of the people who have spoken, which is what I

find, many of the people who have spoken out about

what they would prefer not to see in Bermuda, do not

know the content of the legislation. So going by a Min-

ister’s Statement, going by a Minister’s attempt to put

information out to the public, it was the determination

that they do not want to have this and, therefore, we

saw some people deciding that they wanted to dem-

onstrate on such a point.

Mr. Speaker, we have no issue on this side of

the Government excepting the fact that people have

varying degrees of agreement with us or lack thereof.

But, Mr. Speaker, if we are responsible to the entire

community, then I think we would be derelict in our

duty if we fail to at least look at the basics of Maslow’s

Hierarchy of Needs, which are food, clothing and shel-

ter. And we are not going to put ourselves in the situa-

tion where people providing or assisting in providing

food, clothing and shelter for our Bermudian people—

that they are not going to be allowed that level of sta-

bility. That to my mind, Mr. Speaker, would make ab-

solutely no sense.

Now, I am not for one second saying that eve-

rybody who falls into that category of being able to

apply based on their tenure are all job makers, be-

cause that is not true, Mr. Speaker. There are people

who have been here by virtue of length of time, as I

said, Members opposite have made sure that they

stayed, they did not bother to put any policies or any

robust restrictions in place to make sure that they left

at the end of their term limit, Mr. Speaker, or at the

end of their work permit. Their work permits were

rolled over and over and over again.

And I do think at some point in time we do

have an obligation to people who have lived here. We

also have an obligation which was mentioned in our

platform as we were going towards the election, Mr.

Speaker, to indicate that there was going to be an ad-

justment with respect to the situation regarding chil-

dren, to whom the last Member who spoke, I believe,

mentioned, about the inequity that you can have fami-

lies with one child having one position—

[Inaudible interjection]

Hon. Patricia J. Gordon-Pamplin: I am sorry, not

platform, in our Throne Speech. In our Throne

Speech.

—with one child having the ability to stay and

another child not having the ability because there was

a dichotomy with respect to their status or their ability

to be Bermudian.

Mr. Speaker, we have to correct that. That is

not something that has just come out overnight, it is

something that was broadcast that this would be

done. I do believe, Mr. Speaker, that is part of what

we are seeing in the Immigration and Protection Act.

Mr. Speaker, I have no doubt that some of the

ideas that the Honourable Member is recommending

that could be collaborated upon are good ideas that

are probably ripe for collaboration. But to sit and at-

tempt to dictate to the Government to say, Don’t you

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bring any legislation until we talk. You do things my

way. You know, Let’s sit down and chat, let me tell

you what we want, and you do it that way, or it’s no

way or we will encourage civil disobedience, Mr.

Speaker. I do not believe that that is the way to go.

Mr. Speaker, I do not believe that any Gov-

ernment should be emasculated based on the whims

of the Opposition. And, Mr. Speaker, I say that I am

sensitive to . . . I got a couple of e-mails even today,

and I am sensitive to constituents, whether mine or

not is of no consequence, I am sensitive to people

sending me an e-mail to say, I’m concerned about this

matter.

Mr. Speaker, I have no doubt that there are

some areas that would create disquiet. But the most

difficult thing about governing is to have to recognise

that you cannot please all of the people all of the time.

You cannot do it, Mr. Speaker. It is virtually impossi-

ble. What we have to look at, Mr. Speaker, is how we

can most ensure that the majority of the people who

are being negatively impacted by a circumstance or a

situation are being adequately looked out for. And

whether that is as a result of this amendment or any

other that we might bring, Mr. Speaker, it is important

that we look out and listen to and embrace challenges

that we have.

But, Mr. Speaker, to be bullied into taking a

position because Members opposite decided that you

won’t do it our way, therefore, it will be no way—I just

do not think that is a good way to run a railroad, Mr.

Speaker.

Mr. Speaker, we heard people talk about the

creation of jobs and the loss of jobs and that there

were more foreign jobs created and more Bermudian

jobs lost. Mr. Speaker, that is a challenge. Why is it a

challenge? Not that this Government is looking out for

foreign people, Mr. Speaker. It is that when applica-

tions are made, and under a reasonably robust immi-

gration work permit policy there have been applicants

who have fallen short of the requirements of the per-

son, the employer, putting the advertisement.

Mr. Speaker, that means that we as a people

have to put ourselves on a pathway to ensure that we

equip ourselves with the necessary skills that enable

us to have such positions. And, Mr. Speaker, that is

important. And not only is it important, it is critical that

that becomes part of the very robust immigration poli-

cies that decide who gets to come and who does not

get to come.

Mr. Speaker, I hear people in the streets say-

ing, Why should we have foreign pot washers? I had a

neighbour of mine stop me the other day and say a

particular restaurant that he frequents has three man-

agers and all three of the managers are foreign. Mr.

Speaker, that is a problem because it would appear

that is the kind of job that Bermudians ought to be

able to do. Why are we falling short, Mr. Speaker? We

cannot start blaming somebody else [who is] blaming

an employer who wants to be able to run an effective

business for his entire Bermudian staff, but for those

managers. Are we going to say that you should not

bring in a manager to make sure that your business is

run in such a manner that the rest of your Bermudian

staff are taken care of?

Mr. Speaker, we are all going to have stories.

We are all going to hear, perhaps about the issues

that Members would have in terms of, you know, you

might see a job description that does not appear to be

an appropriate one. Mr. Speaker, I would hope that

that is something that our Immigration Department,

that the Immigration Board will be looking into so that

we are not seeing people coming and being exploited

and being taken mean advantage of in order to be

able to fill a position because, ideally, we want Ber-

mudians to be employed, Mr. Speaker. We do not

want to have to go through the bother (and this is as

an employer I would imagine) of filling out the applica-

tions and work permits in order to bring people to this

country. Would the preference not be that there is a

pool of Bermudians that we can tap into so we can be

sure that when jobs are made available, Mr. Speaker,

that they would be eligible to apply?

And, Mr. Speaker, that is the one thing that is

happening in the Workforce Development Depart-

ment. They are not only ensuring that people are

made aware, they are posting when work permits are

coming up for renewal. This is the sort of exposure

that we have as Bermudians, Mr. Speaker, that would

ensure that we are able to apply for such positions,

such that there will be no necessity to bring somebody

in and to have them stay and renew and renew and

renew.

Mr. Speaker, I am speaking now, in particular,

to the blue-collar jobs. There are some white-collar

jobs in which we are going to require that there are

going to be foreign people to come and fill those jobs.

And I am never going to say that Bermuda will never

be able to provide enough manpower to deal with

those people in the international business arena.

Mr. Speaker, I work in that area and I can tell

you that there are jobs that . . . you know, we just

comparatively very recently hired an actuary. And

when you stop to think, you know, O god, actuaries. It

is such a specialised position.

Mr. Speaker, we have a wonderful Bermudian

woman in our Actuarial Department in Bermuda. That

is the commitment that my company has to ensure

that we Bermudianise to every extent possible. I am

the Chief Accountant and Vice President in that or-

ganisation, Mr. Speaker. That is the commitment that

my company has to ensure that we can Bermudianise.

Our underwriters, Mr. Speaker, we have two lead un-

derwriters who are foreign, who have been here for a

while, one who probably at some point in time will

consider that it is time to retire. But, Mr. Speaker, who

are the understudies? The understudies are Ber-

mudian, Mr. Speaker. And that is what we want for our

companies to have as a mindset so that we do not

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Bermuda House of Assembly

have this problem to have to think that we have got

long-term residents who are here so long that they

have to apply for status for apply for long-term resi-

dency.

We want to know, Mr. Speaker, that new peo-

ple coming in. If they walk through the door today, we

want to ensure that when their three-year tenure is up

that there is somebody trained and equipped to take

that position, so that we do not find ourselves going

down into the muck and mire of a dysfunctional sys-

tem and country that was created under the previous

administration. Mr. Speaker, 14 years is an awful long

time for somebody to have their work permits rolled

over. But once you get to that state, Mr. Speaker, is

there not some kind of human . . . you know, it is hard

to say as the Minister responsible for Human Rights . .

. I do not like to use the Human Rights Act loosely. I

believe that there are certain things in the Human

Rights Act—well, everything in that Act—we have to

take very, very seriously, Mr. Speaker. So I am not

going to say that it is a human right to do that.

Mr. Speaker, we remember seeing not too

many years ago that we brought in under cover of

darkness four people because we were so humanitar-

ian as a Bermudian people. Those four people who

came in, Mr. Speaker . . . as of today, I think those

four have actually multiplied to something like 15 or 16

with wives and now children. And before you know it,

there are more and more and more of them. We did

not stop to have that level of discourse to say Wow,

should we have taken the necessary steps at that

point in time to ensure that they were cut off at the

knees? Should they not even have been brought in in

the first place? It was done, Mr. Speaker, and we now

have to live with the outcome of that. And many of

those people, Mr. Speaker, have jobs. If we want to

talk about somebody having jobs that Bermudians can

have, that is a classic example, not of our making, Mr.

Speaker.

Mr. Walton Brown: Point of clarification.

The Speaker: Yes.

POINT OF CLARIFICATION

Mr. Walton Brown: Just for the edification of the

Honourable Minister, refugees and work permit hold-

ers are two completely different categories.

The Speaker: All right, thank you. Thank you, Hon-

ourable Member.

Hon. Patricia J. Gordon-Pamplin: Mr. Speaker, I am

speaking of jobs for Bermudians, irrespective of how

they are being meted out. And if it is a refugee status,

we have had to deal with it; we have had to deal with

the multiplication of the four that came initially. So, Mr.

Speaker, when we hear about those concerns, let us

embrace all of the concerns relating to that.

Now, we have heard that previously Members

found time to consult on issues, and they probably

did, Mr. Speaker, when they brought the PRC legisla-

tion in they talked about—Mr. Speaker, how much

time do I have?

The Speaker: About 49 seconds.

Hon. Patricia J. Gordon-Pamplin: Okay.

Time to consult, Mr. Speaker. But let me just

say that that timing was during years of plenty when

they had the opportunity to be able to take time and

consult. Now, Mr. Speaker, we are dealing with hun-

gry people, people who have fallen through the

cracks, and people for whom I am not prepared to

stand here and take out from underneath them their

safety cushion by not giving some degree of perma-

nence to their employers where it is appropriate to

make sure that they continue to eat.

Thank you, Mr. Speaker.

The Speaker: Thank you very much, Honourable Min-

ister.

The Chair will now recognise the Honourable

Member from constituency 24, MP Lawrence Scott.

You have the floor.

Mr. W. Lawrence Scott: Thank you, Mr. Speaker.

Mr. Speaker, the Honourable Member that

just took her seat very, very easily (I guess would be

the word) reminds me of or makes me think of

Giuseppe Marcalli. And for those who do not know

who Giuseppe Marcalli is, he was an Italian volca-

nologist and he is best remembered, Mr. Speaker, for

the Marcalli intensity scale for measuring earth-

quakes.

Now, the Marcalli scale goes from 1 to 12, 1

being something that you could only feel or only be

able to register by seismographs, 6 is something that

is felt by all and is actually considered to be some-

thing that is very frightening, and then 10 to 12 are

different levels of extreme. Just to give you some con-

text on that one, the 2004 earthquake in the Indian

Ocean which created a tsunami was a 9.1 and the

Haitian earthquake was considered to be or was

measured to be a 7.0.

Now, I bring that up, Mr. Speaker, because

since 2004 the international community has had a

very strong and very interest driven . . . in developing

an early warning system. And if you go and you look

up the definition of “early warning system” it says, and

I quote, Mr. Speaker, with your indulgence:

“Early warning is a major element of disaster

risk reduction. It prevents loss of life and reduces the

economic and material impact of disasters. To be ef-

fective, an early warning system needs to actively in-

volve the communities at risk, facilitate public educa-

1196 7 March 2016 Official Hansard Report

Bermuda House of Assembly

tion and awareness of risks, effectively disseminate

alerts, and warnings and ensure there is constant

state of preparedness.”

So now with that, Mr. Speaker, let us stick a

pin in that. And if I was to emulate a former Honour-

able Member and, actually, I would say an iconic

Member of these Honourable Chambers, I would

probably rise to my feet, put my hand on my hip, and

emulate the late Dame Lois Browne-Evans, and she

said, that rights given cannot easily be taken away.

And I will repeat that for effect, Mr. Speaker, Rights

given cannot easily be taken away.

I maintain, Mr. Speaker, that the OBA is cur-

rently in the process of watering down our birthright

with this ill-thought and ill-gotten policy and legislation.

And let me show you what . . . let me break that down

a little bit further because, Mr. Speaker, this whole

situation when it comes to immigration reform, from

our point of view, from my understanding of it, it basi-

cally boils down to a privilege versus rights.

As Bermudians we enjoy numerous numbers

of privileges, multiple benefits from those privileges.

But we only enjoy one right, Mr. Speaker. And the

thing is that when it comes to privileges versus rights,

and it comes to your PRCs and those members of the

public that may not be Bermudian but have resided

here for a long time, the PLP has acknowledged that,

Mr. Speaker, has acknowledged their contribution to

this country, has acknowledged the fact that they have

in a way laid roots down, Mr. Speaker, and in ac-

knowledging that contribution we have extended every

privilege imaginable to anybody.

It is a privilege and not a right to be allowed

into our country. It is a privilege and not a right to live

here in Bermuda, Mr. Speaker. It is a privilege and not

a right to work here, Mr. Speaker. It is a privilege and

not a right to own land, drive cars or own cars, Mr.

Speaker. These are all privileges, Mr. Speaker.

And, Mr. Speaker, it says that . . . and I will

refer back to the Honourable Attorney General that

said that he did not see what the national importance

was with us bringing this motion right now. And the

national importance, Mr. Speaker, is that the OBA is

planning on . . . and the Honourable Member that took

her seat alluded to it as well, is planning on bringing

legislation that will effectively water down and/or give

away our one birthright, the one right that we do have,

Mr. Speaker, the OBA is willing to give that away.

So when it comes to this birthright, Mr.

Speaker, it is the protection of this birthright, it is to

ensure that this birthright has the maximum impact in

this society, which is why there was a moratorium

placed on status, Mr. Speaker. It was to protect this

birthright and to protect Bermudians, which is why we

went and we did the PRCs instead of . . . because

remember, going back to what Dame Lois Browne-

Evans said, Rights that are given are hard to take

away, Mr. Speaker. So, therefore, we do not even en-

joy citizenship in this country, Mr. Speaker, because

we are not a country, we are a dependent territory.

So, therefore, in order for us to enjoy citizenship we

cannot even say that that is something that we enjoy

as Bermudians. All right? We would have to go inde-

pendent to enjoy that.

So, Mr. Speaker, the way and manner in

which the OBA is tinkering with our immigration policy

has the potential to have significant negative impacts

on this country on multiple levels, Mr. Speaker. It has

the impact on the demographics, or demographically it

could have a negative impact. Culturally it could have

a negative impact. And economically it could have a

negative impact.

And, Mr. Speaker, going back to that pin that I

stuck about early warning systems, and remember

what I said, that the early warning systems have four

parts in which for them to be effective. And the first

part is to actively involve the communities that are at

risk, Mr. Speaker. And that is what the PLP is trying to

do right now. We are trying to get the Government to

actively involve the communities at risk, which are the

Bermudians, because it is the Bermudian birthright

which is at risk right now, Mr. Speaker, of being wa-

tered down. It is the Bermudian birthright of voting

which is at risk of being given away, Mr. Speaker. So

what the PLP is doing is saying that when it comes to

immigration and immigration reform and this Immigra-

tion amendment, it needs to be a comprehensive im-

migration reform, a robust immigration policy that is

put in place.

We have no problem, Mr. Speaker, extending

the privilege of living, working and residing in this Is-

land. But what we do have an issue with is watering

down our birthright, and that is our voting right, be-

cause that is what this seemingly comes down to, the

almighty vote. And so that is step one, Mr. Speaker,

and step one is to actively involve the communities at

risk. So that is what the PLP is doing right now. We

are trying to get the Government to actively involve

the community that is at risk, and that is the Ber-

mudian, by [having] a joint select committee. It does

not seem so hard; it does not seem so controversial.

The second part to ensuring that an early

warning system is effective is to facilitate public edu-

cation and awareness of the risks. And, Mr. Speaker,

part of that . . . and the main word is “risks,” because I

understand that and we all know that the OBA has

tried to facilitate public education, but it was not nec-

essarily on the risks of their new immigration policy,

which they want to amend They were just trying to

educate people on the skittles and unicorns version of

their policy, where they talk about the economy and

they talk about all these different things and these

people bring jobs, and so on and so forth.

But it is the risks, not the . . . the OBA has yet

. . . I have not heard a Member yet say, You know

what? What is at risk is the birthright; what is at risk is

your voting right; what is the risk is watering down that

Bermudian birthright, the only right that we actually

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Bermuda House of Assembly

are entitled to under this context. Everything else, Mr.

Speaker, is a privilege. So we have not heard any-

thing of that. We have not heard any mention of the

risks involved with the implementation of the immigra-

tion policy as is, without including, once again, without

including the community that is at risk to let them

know what the risks are.

So that is step one . . . that is part one, part

two, and now let us go on to part three of an effective

early warning system, [which] is to effectively dissemi-

nate alerts and warnings.

Now, Mr. Speaker, that is what this exercise

today is. This exercise today is to provide an early

warning to the OBA Government that if you continue

down this path, if you continue down this path with

ignoring the average Bermudian when they show up

on your doorstep, if ignoring the protests that are out

there, or if you are talking about, since I was talking

about early warning systems and the earthquake

measuring guide, if we were to ignore the foreshock . .

. and a foreshock is known as basically an earth-

quake before the real seismic event. So if you ignore

this, Mr. Speaker . . . all we are trying to do is warn

you, inform you of what is being told to us, what is

being conveyed to us while we are on the doorsteps,

while we are canvassing our neighbourhoods, while

we are walking in public and what we are hearing from

the average Bermudian, Mr. Speaker.

This is what this exercise is that, please, you

need to listen, you need to understand that this is not

just an isolated group, Mr. Speaker, this is not just one

or two people with spoiled grape mentality. Mr.

Speaker, these are warnings, these are foreshocks,

and that is what we are here for. This is part of the, I

will say, PLP early warning system because we can

see what is coming down the pipeline if you continue

to ignore the Bermudians and the average Bermudian.

Mr. Speaker, the fourth part of an early warn-

ing system is to ensure that there is a constant state

of preparedness. And, Mr. Speaker, if the current

Government is not willing to listen to us—the PLP as

the Opposition—if the current OBA Government is not

willing to listen to the average person when they show

up outside Parliament for two hours, if the current

OBA Government is not willing to take heed to the

protest down on East Broadway, then . . . just trying to

figure out how I can succinctly put it.

If they are not willing to listen to the foreshock,

which is the earthquake before the seismic activity . . .

and you know, Mr. Speaker . . . okay, here we go. Let

us see if I can pull this one off.

So if we are not listening to the foreshocks,

and as an Island we are surrounded by water and if

an earthquake happens under water, Mr. Speaker, it

creates a tsunami. All right? Therefore, if the current

Government is not willing to listen or take heed of the

early warning system that says Government, there

have been foreshocks noted, there have been fore-

shocks observed, and what is possibly coming your

way is a tsunami of emotion, is a tsunami of anger, is

a tsunami of discourse, you need to beware. You

need to put yourself in that constant state of prepar-

edness for what is coming your way. If you do not

need these warnings, Mr. Speaker, the Government

will not be ready to deal with the seismic event that

could be on its way, which could be just below the

surface ready to erupt.

If they do not heed the warning of, not just us .

. . and I keep repeating that it is not just us. All we are

asking, all we are trying to tell you, all we are trying to

convey is that when it comes to immigration reform it

has to be a robust policy. It cannot be one amend-

ment. When it comes to immigration reform, it cannot

just be the Government that is saying this is the way

we have to go.

Mr. Speaker, I have heard stories about times

in a Parliament past, a Parliament that I was not a part

of, a Parliament that seemingly, when under the PLP

control, was the Opposition advises, the Government

decides. If we do not learn from our past . . . because

the OBA Government has said that that is not the right

way to do it. So if that is not the way that we should be

going about doing things, if the Government should be

listening to the Opposition and working with the Op-

position, let us provide leadership by example now.

Let us not just give out rhetoric because it sounds

good, because the media is here, and there are sound

bites that can be played.

Mr. Speaker, there is only one right in this

context. And when I talk about one right—not one

right way—one right, and that is the voting right, and

that is what the PLP . . . that is what the early warning

system, that is what the general public is up in arms

about because they just want to make sure that their

birthright, their one right that they can enjoy, every-

thing else is a privilege and everything else we share,

Mr. Speaker, but this is something that we are not will-

ing to share willy-nilly. This is not something that we

feel should just be given away, Mr. Speaker. This is

not the door prize when you come to Bermuda. Oh,

here, welcome to Bermuda, you can go cast a vote.

This is not some raffle prize, Mr. Speaker, to be won if

you are just the lucky contestant.

Mr. Speaker, this is something that we need

to take seriously. This is something that needs to have

collaborative efforts on. So, Mr. Speaker, I do not see

why the Government is so hard-pressed against work-

ing together, because we only work best when we

work together. Bermuda only works best when it

works together.

And if you have not noticed, Mr. Speaker, be-

cause I know I noticed, there is not one demographic

that is out there. There is not one culture that is repre-

sented in these protests. There is not one economic

circle that is represented when we talk about immigra-

tion. It is all of us. So then why can we not all be in-

cluded in the way forward?

1198 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Mr. Speaker, I understand that you see the

importance of this. You see that this is the future of

Bermuda, which, Mr. Speaker, when it comes to the

future of Bermuda the future of Bermuda is deter-

mined by one thing.

The future of Bermuda is shaped by one right

and that is the right to vote, Mr. Speaker. Because if

you notice that when voting was able to be done by

whoever held land, that Bermuda worked to the bene-

fit of those that owned land. But as we have intro-

duced one man, one vote of equal value, Mr. Speaker,

we have noticed that it has consistently gotten better

and better for the average Bermudian because it is

that one right on which the foundation for tomorrow is

built on today. So, for those that have come to this

Island . . . and my understanding is, they have signed

a document, have signed a contract saying, I am not

going to look for the right to vote. I understand that

that is outside of my jurisdiction, that is outside of

what I am able to ask for, all I ask for is the privilege to

live, the privilege to be able to be allowed into your

country, to work in your country and to freely move

about your country. And that is a privilege that we all

enjoy and that is a privilege that we do not mind shar-

ing.

But going back to the core of this, Mr.

Speaker, is that we are trying . . . this the last, this is

number four out of the four levels of an early warning

system, we are on the last level, the last option, the

last amenity that has been afforded to us as Honour-

able Members of this House, this is the last . . . Mr.

Speaker, you could say this is the last straw if the

Government is not willing to take heed of the early

warnings that we are providing right now, in highlight-

ing the multiple protests that have happened on this

one topic, Mr. Speaker. That all we are doing is telling

you what is to come if you are not paying attention to

the foreshocks, that what is to come will be a tsunami

that will rock this foundation. You know what? It will be

a tsunami or a seismic event that will rock this country

to the core of its foundation.

And all that it takes to avoid this is to pay at-

tention to the warnings, to heed the advice, and to

take the olive branch that is being extended from this

side to theirs in wanting to work together to ensure

that all privileges can be shared, but our voting right,

our one birthright is protected, is not watered down,

and continues to be as effective at charting or laying

the foundation for Bermuda’s future from now moving

forward as it has in the past.

Thank you, Mr. Speaker.

ANNOUNCEMENT BY THE SPEAKER

HOUSE VISITOR

The Speaker: All right. Thank you, Honourable Mem-

ber.

And just before the Chair recognises the next

speaker, the Chair wants to recognise former MP, Ar-

thur Pitcher, in the Gallery.

[Desk thumping]

PARLIAMENTARY JOINT SELECT COMMITTEE TO

EXAMINE WIDE RANGE OF ISSUES INVOLVED IN

COMPREHENSIVE IMMIGRATION REFORM

[Continuation of debate thereon]

The Speaker: The Chair will now recognise the Hon-

ourable Member from constituency 7, the Junior Min-

ister for Home Affairs, Sylvan Richards.

You have the floor.

Mr. Sylvan D. Richards, Jr.: Thank you, Mr.

Speaker.

Well, I must say, I did not expect this diversion

of our order of business today, so it has been rather

interesting for me. But we are dealing with the Path-

ways to Status, and as the Junior Minister, I will be the

one who will be tabling this legislation later today and

ushering it through Parliament in due course.

It is interesting, I was asked earlier today in

passing, you know, people listening by radio and peo-

ple who follow politics, it is interesting that when we

are on the floor of Parliament, we converse in parlia-

mentary speak, but earlier today I was in the bath-

room with a Member of the Opposition and he asked

me if I supported this legislation. And I told him that I

did. And he made a little derogatory comment about

me carrying somebody’s water, but I have a pretty

thick skin now, so I just let that stuff roll off my back.

But I told him that I do support this legislation and that

I will be smiling when I usher this legislation through

Parliament; that it will be debated and it will pass. And

I will sleep good at night after that occurs.

I also want to thank the Honourable Member

from constituency 33, MP Jamahl Simmons, because

I heard him say he was going to put up MP’s e-mail

addresses on a website somewhere so people can

him for that because right now the e-mails in favour of

Pathways are running 5 to 1 in favour of Pathways. I

have had e-mails from people relating to me their per-

sonal experiences, their personal dilemmas, families

being split up, children being threatened to be sent

back to a country that they have no knowledge of. So

this just reinforced in my mind that we are on the right

path, the Pathways to Status.

There has been a lot of talk here today about

we do not listen and the Government sending us

warnings. We just had an allegory about earthquakes

and early warning systems and whatnot. But I am go-

ing to tell you something, I am going to speak truth

today. I am not going to sit here and speak about why

Official Hansard Report 7 March 2016 1199

Bermuda House of Assembly

this is the right thing to do. We are going to have

some hard-core facts put out there today.

Every poll that I have seen in favour of grant-

ing status to long-term residents, every poll, every

survey that I have seen since this came on the radar

has shown that the majority of Bermudians are in fa-

vour of this legislation. I have not seen one poll that

says don’t do it by the majority of Bermudians. So I

am confident that this silent majority that has been

mentioned a few times in this House, this silent major-

ity that does not march, this silent majority that does

not write letters to the editors, maybe they do not blog,

they are in favour of granting PRC status to folks who

have been here after 15 years and full status after 20

years. So let us just put that out there.

Somebody show me a survey where the ma-

jority say, No, don’t do it. Then maybe I will give a lis-

ten and pay some attention to the noise coming from

the other side. I have not seen one poll, one survey, I

cannot stress it enough, that is against this.

Now, let us talk about the Progressive Labour

Party and how they governed when they were the

Government. I have spoken about this in the past, that

I got involved in politics on a personal level because I

was upset with the previous Government’s immigra-

tion policy. It is the main reason why I stand here to-

day. The previous Government under a prior Immigra-

tion Minister was sending all the wrong messages. We

don’t care what you think. We’re gonna do this regard-

less of what you think. All sorts of barriers were put up

through the Department of Immigration. They gov-

erned with impunity, they governed without consulta-

tion.

[Mrs. Suzann Roberts-Holshouser, in the Chair]

Mr. Walton Brown: Point of order, Mr. Speaker—

sorry, Madam Deputy Speaker.

The Deputy Speaker: That is all right.

Mr. Walton Brown: Point of order, Madam Deputy

Speaker.

The Deputy Speaker: Your point of order?

POINT OF ORDER

[Misleading]

Mr. Walton Brown: the Honourable Member will

know that on the—

The Deputy Speaker: Your point of order is?

Mr. Walton Brown: Oh, that is right. The Honourable

Member is deliberately misleading the House because

he would know that the Progressive Labour Party

Government had an extensive consultation period with

respect to immigration policy which led to the PRC

category.

The Deputy Speaker: Thank you, Member.

The Chair recognises the [the Junior Minister].

Mr. Sylvan D. Richards, Jr.: Thank you, Madam

Deputy Speaker.

Moving on, I stated last week on the floor of

this House when someone shows me who they are, I

believe them. The Honourable Leader of the Opposi-

tion, Marc Bean, on December 12, 2014, in this very

place stood on his feet and said, (and I quote),

“There will be no collaboration with that unscrupulous

Government!” There will be no collaboration with that

unscrupulous Government. So when I hear the noise

coming from the other side about joint select commit-

tee and we need consultation, I flash back every sin-

gle time to their Leader, who on December 12, 2014

made it clear in no uncertain terms that “There will be

no collaboration with that unscrupulous Government.”

I heard it and I believe you.

Now, let us get real. I was at a BIU [Bermuda

Industrial Union] banquet a couple of years ago, front

row centre, when an ex-Premier, the Honourable Dr.

Ewart Brown, stood to his feet and in no uncertain

terms challenged the Opposition to get rid of the cur-

rent OBA Government before the next election. He

said, You can’t wait three more years; there’ll be noth-

ing left for you. You have to get rid of them now. I

heard it. It has been recorded, it has been replayed

over the radio, it is online. So what does that tell me?

Then in a letter that was posted online that the

same Premier, Dr. Ewart Brown, in response to a let-

ter written by an OBA Senator who sits in another

place, Dr. Ewart Brown stated in his response, that a

sustained programme of information, disinformation

and criticism must be considered acceptable. His

words, not mine.

So when I hear all this talk surrounding this

particular issue, Pathways to Status, it is just more of

the same. There is nothing that this Government can

do to satisfy the Opposition—nothing. I am convinced

of it. They showed me who they are and I believe

them.

There is a particular lady who shows up at

every demonstration. She shows up at every march.

She has an affinity for signs. She likes signs, she

holds up signs, she flashes signs. I cannot even look

at the woman and she is putting a sign in my face.

She has said, I don’t care what you do. I just want my

PLP Government back. That is what we are dealing

with.

So, I could stand here all day until the cows

come home, until the sun rises tomorrow, stating all of

the benefits of implementing Pathways to Status . . . I

Official Hansard Report, 12 December 2014, page

596

1200 7 March 2016 Official Hansard Report

Bermuda House of Assembly

could be a Nobel Laureate with the wisdom of Einstein

and that Opposition would not accept it because that

is not what it is about.

The reality is they want the OBA Government

gone. They said it repeatedly and it galls them—the

bile must rise in their throat to know that we are here,

they are over there, and we will be here at least until

the next election.

And I have always felt that as a Government if

we do not deliver on our promises, vote us out. It is a

democracy and I will live by that. But I am not going to

be bullied, because that is what this is about, bullying

tactics, veiled threats. Come on, Madam Deputy

Speaker, I understand code speak. You are not going

to tell somebody to go burn something down before

they go burn something down.

Mr. Walton Brown: Point of order, Madam Deputy

Speaker.

The Deputy Speaker: Your point of order is?

POINT OF ORDER

[Imputing improper motives]

Mr. Walton Brown: The Honourable Member is–

The Deputy Speaker: Your point of order is . . . sorry.

Mr. Walton Brown: Yes, the Honourable Member is

[imputing] improper motives and he needs to cease

and desist. I know he gets animated, but he needs not

to impute improper motives to try to make his point.

He can make his point without doing so.

The Deputy Speaker: Thank you, Member.

The Chair recognises the Minister.

Mr. Sylvan D. Richards, Jr.: Thank you, Madam

Deputy Speaker.

The Honourable MP who just took his seat

from constituency 17—his tactic is simple and it is

this, Agree to what I say or else. We talked about

brinkmanship, there is no greater example of brink-

manship than that gentleman’s recent actions. Do

what I say, agree to what we say, agree to a joint se-

lect committee, or else.

Let us talk about some inconvenient truths.

There has been a lot of toing and froing about who did

what and what was the result of this policy or this leg-

islation as it comes to immigration. But I want to give

three, because these three points have been raised

on blogs, in opinion pieces, and in this House.

Term limits. Before we became the Govern-

ment we said that we would re-evaluate the term limit

policy over a two-year period before we would do any-

thing. Fine. We become the Government. The Minister

of Immigration pulls the files and starts to see as his

starting point, Let’s see what the prior Government did

in terms of term limits. And guess what he found,

Madam Deputy Speaker? The PLP Government—and

these are facts. You are not going to hear any points

of order on this because it is fact. The PLP Govern-

ment when they were Government sought legal opin-

ions which were submitted to the then-Ministers of

Immigration in 2006, 2007, and 2008. And the legal

opinions all said the same thing, term limits are harm-

ful to the economy and they led to job losses.

Mr. Walton Brown: Point of order, point of order.

The Deputy Speaker: Thank you, Member.

POINT OF ORDER

[Misleading]

Mr. Walton Brown: The Member is misleading the

House. It is impossible for a legal opinion to speak

about economic impact of policy.

The Deputy Speaker: Thank you, Member.

The Chair recognises the Member from con-

stituency 7.

Mr. Sylvan D. Richards, Jr.: Thank you, Madam

Deputy Speaker.

I will just tell you what the legal opinion said,

they can take it or leave it.

Mr. E. David Burt: Point of order, Madam Deputy

Speaker.

The Deputy Speaker: Thank you.

The Chair recognises the Member from con-

stituency 18.

POINT OF ORDER

[Misleading]

Mr. E. David Burt: Thank you very much, Madam

Deputy Speaker.

Madam Deputy Speaker, the Honourable

Member is misleading the House. There is no legal

opinion that states it that, and if the Minister has a le-

gal opinion that states that, he needs to table it. But

he should not be quoting from such a thing because

that is not correct.

The Deputy Speaker: Thank you, Member.

The Chair recognises the Member from con-

stituency 7.

Mr. Sylvan D. Richards, Jr.: Thank you, Madam

Deputy Speaker.

The second point—term limits. More than

70 per cent of applications to waive term limits were

granted by the PLP Government—70 per cent. So

Official Hansard Report 7 March 2016 1201

Bermuda House of Assembly

they had a term limit policy in place and it was not ad-

hered to. So 70 per cent of applications for waivers—

Mr. E. David Burt: Point of order.

Mr. Sylvan D. Richards, Jr.: —were granted by the

PLP Government.

The Deputy Speaker: Thank you.

Mr. Sylvan D. Richards, Jr.: That is why we are in

the state that we are in.

The Deputy Speaker: Thank you, Member.

Mr. E. David Burt: Point of order.

The Deputy Speaker: Your point of order is?

POINT OF ORDER

[Misleading]

Mr. E. David Burt: Madam Deputy Speaker, the Hon-

ourable Member is misleading the House. He cannot

come here and say that the term limit policy was not

adhered to when the things were considered within

the policy. That was the very policy, that there were

[situations] where term limits were extended. So we

cannot say that we were not adhering to the policy,

the policy was written. If we were not adhering to the

policy, they would not have taken out a permit.

The Deputy Speaker: Thank you, Member.

The Chair recognises the Member from con-

stituency 7.

Mr. Sylvan D. Richards, Jr.: Thank you, Madam

Deputy Speaker.

It is a policy that was in place that was ineffec-

tive. Why are you going to have a policy and then

grant 70 per cent of waivers? And it led to people be-

ing here—residents being here—15, 20 years or

longer. That is why we have the situation that we, as a

Government, have to deal with now. That is the incon-

venient truth. They can stand up and object all they

want; it is the reality of the situation, Madam Deputy

Speaker. They know it and I know it.

Now, another Honourable Member on that

side started talking about land and how if we grant

status there is not going to be any more land and no

more houses for Bermudians. This is a fact; the PLP

when they were Government increased the amount of

land that could be held by non-Bermudians from 2,000

acres to 2,500 acres. And the Progressive Labour

Party when they were Government allowed exempted

companies to invest in residential properties. It is a

fact. They do not like it, but it is a fact.

Mr. E. David Burt: Point of order.

The Deputy Speaker: Thank you, the Chair recog-

nises the Member from constituency 18.

POINT OF ORDER

[Misleading]

Mr. E. David Burt: The Honourable Member is mis-

leading the House again, as he will know that it was

not until the One Bermuda Alliance came into office

that companies could invest in residential property

because that happened in 2014. The Honourable

Member needs to get his facts correct and stop mis-

leading the House.

The Deputy Speaker: Thank you, Member.

The Chair recognises the Member from con-

stituency 7.

Mr. Sylvan D. Richards, Jr.: Thank you, Madam

Deputy Speaker.

I would challenge everybody listening to my

voice if they have an issue with what I am saying or

they disbelieve it, go look for yourself, it is there, it is

public information.

Mr. E. David Burt: Point of order.

The Deputy Speaker: Thank you.

The Chair recognises the Member from con-

stituency 18.

POINT OF ORDER

[Misleading]

Mr. E. David Burt: Thank you very much, Madam

Deputy Speaker.

The Honourable Member is misleading the

House. He said the Progressive Labour Party Gov-

ernment gave exempted companies the right to own

residential property. That is not correct. The Honour-

able Member needs to withdraw it because it is not

factual.

The Deputy Speaker: Thank you, Member.

The Chair recognises the Member from con-

stituency 7.

Mr. Sylvan D. Richards, Jr.: Thank you, Madam

Deputy Speaker.

I am not withdrawing. I am not withdrawing

because it is factual. So with that being said—

Mr. E. David Burt: Point of order. Point of order.

The Deputy Speaker: The Chair recognises the

Member from constituency 18.

POINT OF ORDER

[Misleading]

1202 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Mr. E. David Burt: Once again, Madam Deputy

Speaker, the Honourable Member is misleading the

House. He is stating that the former Government gave

the exempted companies the right to own residential

property. That did not take place until 2014. He is mis-

leading the House. He either has to prove what he is

saying or he has to withdraw it. It is not correct for him

to say that, Madam Deputy Speaker. I am asking for a

ruling in that regard.

The Deputy Speaker: Thank you, Member.

The Chair recognises the Member from con-

stituency 7.

Mr. Sylvan D. Richards, Jr.: Thank you, Madam

Deputy Speaker.

You know at this point, Madam Deputy

Speaker, I do not think there is too much more that I

can say other than I am going to use a phrase that the

Opposition used to use when they were Government.

The Opposition will have its say and this Government

will have its way on this issue.

And I look forward to ushering Pathways to

Status through this House and doing the right thing for

Bermudians and long-term residents of this country.

Thank you, Madam Deputy Speaker.

The Deputy Speaker: Thank you.

Are there any other Members that would like

to speak to the Motion?

The Chair recognises the Member from con-

stituency 18.

You have the floor.

Mr. E. David Burt: Good evening, Madam Deputy

Speaker.

Madam Deputy Speaker, we have had, with-

out question, a relatively long debate on this matter of

what is, without question, of urgent public importance.

But it is interesting that the Members of the Govern-

ment bench seem to be at war with themselves and

seemingly at war with their own minds because in

every single argument which they are trying to make,

they argue on both sides of the argument.

Now, I think that it is very interesting that the

Honourable Member who just took his seat—the Jun-

ior Minister for Home Affairs—spoke about how he

looks forward to ushering Pathways to Status through

this very Legislature. This is the same Minister who

just stood up on his feet and referenced a quote from

a former Minister of Immigration saying, We don’t care

what you think. That is exactly what the Honourable

Junior Minister just told the people of this country—

We don’t care what you think. That is exactly it.

Mr. Sylvan D. Richards, Jr.: Point of order, Madam

Deputy Speaker.

The Deputy Speaker: Thank you.

The Chair recognises the Member from con-

stituency 7.

POINT OF ORDER

Mr. Sylvan D. Richards, Jr.: Thank you, Madam

Deputy Speaker.

At no point did those words come out of my

mouth. At no point.

The Deputy Speaker: Thank you.

The Chair recognises the Member from con-

stituency 18.

Mr. E. David Burt: Madam Deputy Speaker, he can-

not even remember what he said. That is the joke

here; he cannot even remember what he said. For

some reason, this very important debate, this impor-

tant situation, is levelled to the fact of a joke for some

Members of the Government. They happen to think

that the opinions of the people of this country do not

matter. That the pact which they gave to the voters

that the things which they said they were not going to

do, it is okay to do, and then they can just say, We

don’t care what you think. We’re going to do it any-

ways. We’re the Government. We have the mandate

to do whatever it is we want. No, no, no. That is the

not the way that it works.

And I will say one thing. I will say one thing,

that maybe the Honourable Junior Minister will say, I

didn’t say that, because he seems to have selective

amnesia. Here is one thing that he did say. He said,

There is nothing that you can do to please the Opposi-

tion. Well, Madam Deputy Speaker, I will say one

thing that that Honourable Member can do to please

the Opposition and that is to vote yes on this very im-

portant motion. Because today we find ourselves at-

tempting to give the OBA an olive branch, to the peo-

ple of this country.

That is precisely why we find ourselves here

today because it is telling that out of all the contribu-

tions that we have heard from the front bench and the

backbench of the One Bermuda Alliance, none of

them defended their refusal to consult. No defence of

their refusal to consult whatsoever on such an impor-

tant issue which goes against their platform pledges,

which goes against their Throne Speech pledges,

which goes against the pledge they gave to the elec-

torate before we came to this place, Madam Deputy

Speaker.

Not one Member got up to defend that lack of

consultation. Not one Member got up to defend the

reason why they have reversed 27 years of policy,

and going back on their election promises and be-

trayal of their mandate . . . no one defended that. We

get to hear history lessons on what the PLP did and

how the things were so bad and how this was here—I

will get to some of that stuff later—but no one defend-

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Bermuda House of Assembly

ing their refusal to consult on what can only be termed

as a major, major issue.

For 30 minutes I sat here and listened to the

Minister for Community and Culture contradict herself.

It was insane. And the only defence that she could

give against the consultation argument was that the

Government would not be bullied. Really? The Gov-

ernment would not be bullied. Once, again, We’re not

going to listen to the people because the people don’t

matter in what we’re going to decide. Bullied? Gov-

ernment? That is ridiculous, Madam Deputy Speaker.

Governments must listen to the people whom

they govern. It is that simple. All of the arguments that

were given by the Honourable Minister, and also the

arguments that were given by the Junior Minister

speak to the very need for this motion and compre-

hensive immigration reform. Because the issue with

immigration is not that of status grants, the issue of

immigration is not that of removing people from work

permit controls (which is what long-term residency

does), that is the not the only issue. We have the is-

sues of a very old piece of legislation, we have the

issues of we cannot have a one-size-fits-all immigra-

tion policy—there are many different issues.

So to boil down the immigration argument to

the issue of status and PRCs is foolish. That is not the

issue here. And that is the problem when proceeding

at a piecemeal level. Because if you admit there are

problems in other places, but you are not looking to fix

the problems in the other places, you are only looking

at one place, that is why everyone is like, Oh, maybe

there is an ulterior motive. And at the end of the

statement by the Honourable Minister of Community,

Culture and Sports where she said, People are hungry

and I’m not going to be the one who does not give

their employers permanence so they cannot eat.

What type of foolishness is that? Really,

Madam Deputy Speaker? The Honourable Minister’s

excuse for this thing is to say that she is not going to

not give job makers permanence? Job makers already

have permanence in this country. They are already

there. It is called Incentives for Job Makers, which we

saw numerous things that were approved by this

Government—many, many of them in answer to par-

liamentary questions, hundreds. So we know that that

is there. And to be very clear, Job Makers is not just

for the job maker. Job Makers is for the wife and Job

Makers is for the children as well . . . sorry, not for the

wife, for the spouse (because it can be the other way

around), for the spouse and for the children as well.

So that is what we have. So the nonsense

that we are hearing in defence about things that al-

ready exist, we are going further than what we have

right now and that is the key point. And when we talk

about the issue of “further” that is why the call has

been for a collaborative approach for immigration pol-

icy that can earn the support of both sides. Because

when you are making such fundamental changes at

the very fabric of what it is to be Bermudian and to

exist inside of today’s Bermuda, nothing else should

matter.

I would give the Government a pass to say

that they had this on their platform and they won the

election so they could put it forward, but it was not on

their platform. They said exactly the opposite. So they

cannot come to this House and claim in any way,

shape or form they have a mandate to do this. And I

speak to the Members of the backbench of whom

none of them are here, they are probably in the back

eating, but I hope they are listening, that this is di-

rected towards you, that is who it is directed for—the

backbenchers—

Mr. Sylvan D. Richards, Jr.: Point of order, Madam

Deputy Speaker.

The Deputy Speaker: Thank you.

The Chair recognises the Member from con-

stituency 7.

POINT OF ORDER

Mr. Sylvan D. Richards, Jr.: The Honourable Mem-

ber said that none of the backbench were here. I am

here.

[Laughter]

The Deputy Speaker: Thank you.

The Chair recognises the Member from con-

stituency 18.

Mr. E. David Burt: And the very fact that a Junior

Minister does not realise that he is a part of the back-

bench shows everything that is wrong with the One

Bermuda Alliance Government and the person that is

going to be leading Pathways to Status through this

House, as he so claims—as he so claims.

That is precisely what it is. It is the dishonesty

of the One Bermuda Alliance. It is their willingness to

bend the truth. It is their willingness to put charts in-

side the newspaper talking about 17,000 work permits

under the PLP when that was never, ever the case.

But the Royal Gazette does not check it. I remember

when we used to submit op-eds and the Royal Ga-

zette would furiously check every single fact and fig-

ure in there. But this Government can just put things

inside there and, poof, it is good to go. Good to go;

that is fine.

So, let me go back to what I will say because

it seems as though at some point in time the One

Bermuda Alliance’s rhetoric needs to give way to real-

ity. And the rhetoric which they are stating insofar as

this is going to create jobs in Bermuda, you are re-

moving people from work permit control. They are

people that are already here. That is the fact. Nothing

of what you can say about your policy can change that

very instance. They are already here. And the only

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Bermuda House of Assembly

thing that giving them permanent residency status will

do is to remove them from work permit controls. So

that means that when their job may come up again for

work permits, they no longer have to check to see if

there is a Bermudian that can fill that job. That is all

you are doing right now—removing persons from work

permit control.

Amazing. In a time when Bermuda has lost

more than 2,000 jobs underneath your watch, at a

time when Bermudians were promised that, Oh, scrap

term limits, it’s a great job killer, scrap it. And what

happened after the scrap, 2,000 more jobs gone.

What is their excuse now? Oh, grant status and it will

increase jobs. Really? You think the people are going

to believe you this time around? It is not going to hap-

pen.

And as I say, the One Bermuda Alliance is

confused because we heard the Honourable Minister

of Economic Development say that the PLP policy

was too strict and it hurt business, and then we come

around and listen to the former Minister, sorry, the

actual Minister of Community, Culture and Home Af-

fairs say, Oh, the PLP were too loose, people were

staying here for too long. And we hear the same thing

from Sylvan Richards, the Honourable Junior Minister

of Home Affairs. Which one is it? Well, could it be the

case that the PLP got the balance right? Could it be

the case that, yes, there were term limits in place for

inhibiting long-term residency, but for the critical sec-

tors of our economy, such as international business,

by and large they got the exemptions which they

needed? Because that is the fact and that is why we

talk about the fact that a one-size-fits-all immigration

policy cannot work.

You cannot have the same immigration policy

for local business as you do for international business.

It is very simple. These are things which this party has

been saying since 2013. That is what we said, but

here we go. And then there was this silly thing from

the Honourable Minister of Community, Culture and

Sports where she went into going LGBT and saying

that, You know, if you want to get people back . . .

Madam Deputy Speaker, the Government’s

position is the exact same as that of the Opposition.

So here we go. Once again, here we go. It is this false

narrative from a Government that cannot in any way,

shape or form defend their lack of consultation, de-

fend themselves going back on the promises they

made before the election, and going to, in some way

shape or form, claim a mandate for something for

which they have no mandate.

And then to hear the Honourable Minister

criticising a bold lady from CURB who has stood up

for the rights of Bermudians by saying she does not

have the right because she got her Bermudian by

status—what type of ridiculousness is this? Really? I

mean, that is shameful, shameful for the very Minister

who says, I’m the Minister for Human Rights, but I’m

going to tell this person that she has no rights to

comment. I should remind the Minister who has re-

sponsibility for Human Rights, after her story of her

father, to remind her that she also had a Bermudian

mother. So this whole first generation Bermudian thing

does not wash. Let us be very clear.

Now, today’s debate is an important debate.

And I want to bring us back to where we started be-

cause it is very important. And members who may be

listening may not have heard the motion from the

Honourable Member Walton Brown. But if you will, will

you allow me to read it one more time, Madam Deputy

Speaker?

The Deputy Speaker: Certainly.

Mr. E. David Burt: Thank you very much.

It says:

WHEREAS the public welfare is now chal-

lenged by proposed amendments to the Immigration

law, and the likelihood for growing and sustained un-

rest increases daily; and

WHEREAS there was a need for an inclusive

approach for the betterment of Bermuda on such law,

accompanied by the movement away from brinkman-

ship dispositions;

BE IT RESOLVED that, pursuant to Part IV of

the Parliament Act 1957, a Parliamentary Joint Select

Committee be appointed:

1) to examine the wide range of issues in-

volved in comprehensive immigration reform;

2) to propose for the consideration of Parlia-

ment a set of comprehensive immigration reform

measures; and

3) to submit its report within six months;

BE IT FURTHER RESOLVED that this report

be consulted by Members of the Legislature prior to

any Bill being tabled dealing with the subject matter.

That is the motion which we are debating.

That is the motion that Members of the Government

should get up and speak against. They should get up

and speak against the reason why we should not have

. . . or the reason against this motion. They should

come up with a coherent reason why both parties

should not be involved in the changing of immigration

policy that was not in any way, shape or form put be-

fore the voters of this country in an election.

I remind Members we have had two recent

changes to immigration reform, remember 1989 and

after the last election. Understand there is a reason

why these things are done. In 1998 when the Pro-

gressive Labour Party ran their platform they said that

they will identify and look at the needs of long-term

residents. They could have come into office and made

unilateral changes with an extremely ordinary parlia-

mentary majority of 26 to 14 at that time. But what did

the Progressive Labour Party do? They commissioned

a Green Paper to consult widely on the various op-

tions. They then commissioned a White Paper to have

Official Hansard Report 7 March 2016 1205

Bermuda House of Assembly

more town hall meetings and brought it here for a

vote. And then finally there was a Bill passed. That is

how you consult. That is what a Green Paper is for.

You do not consult by saying, This is what

we’re going to do. Hold a second, let me rewind that,

you do not consult by the day after you lose a by-

election by a substantially increased margin than the

last time around, the day after you do not go in front of

the cameras tell the people, This is what we’re going

to do, and then claim afterwards, Oh, and we’re going

to hold a few meetings to consult on what we already

know we’re going to do. That is not the way it works.

And if there is any surprise at the reaction

from the people in this country, I cannot understand

why the One Bermuda Alliance is surprised. I cannot

for one second. But we hear these bogeymen, we

hear the Honourable Minister of Home Affairs belittling

someone who stands up for her democratic right to

protest. That is what it is. And once again it goes back

to the very narrative of the words of the Honourable

Minister of Home Affairs who uttered, We don’t care

what you think. That is the attitude from this Govern-

ment—We don’t care what you think.

Today, Madam Deputy Speaker, it is very

simple. To vote yes on this motion is to vote yes to a

bipartisan approach to immigration reform. It is simple.

One that looks at all of the options, not just residency,

not just grants of status, it is one that looks how we

deal with work permits, how we deal with the differ-

ence between the local economy and international

economy, what are the other items that we might need

to change, what are the things that we might need to

look at? It is all the measures that exist, that is why.

Now, the Members of the backbench have to

ask themselves this, is betraying your word to the vot-

ers of this country worth more to you than it is to give

the Honourable Attorney General a victory on his

long-term political aim? That is what the Members of

the OBA backbench have to ask each other.

They have to ask if the Honourable Attorney

General, who has been campaigning for status for

long-term residents for as long as we can remem-

ber—he kicked out UBP for it—in 2002 when the PLP

gave rights to long-term status and he was at war with

his own party over it, he said, People should be enti-

tled to status outright.

We know in 2007 how he managed to insert

the granting of status to long-term residents into the

UBP’s 2007 manifesto, which caused a big uproar.

And we noticed how it was remarkably absent from

the 2012 OBA manifesto. No comment whatsoever on

anything to do with immigration reform. But yet we find

ourselves after two by-election losses, after the

change of a Premier, with a Minister of Home Affairs

and an Attorney General who seemingly are able to

do whatever they want.

The question is will the One Bermuda Alliance

backbench support them? Will they put the whims and

wants and long-term desires of the Attorney General

and the Minister of Home Affairs over the pledge

which they were elected to do when they came to this

House? That is what we have to remember. And what

Members of the backbench should also remember

was inside of their platform, because it seems we

have to spend a lot of time reminding the One Ber-

muda Alliance of what they said before the election,

let me read from their platform document, to improve

democracy the OBA will: “Strengthen parliamentary

committees and draw on parliamentarians from all

parties to work on major policy issues of the day.”

What, Madam Deputy Speaker, could be

more than a major policy issue on what it very well

means to be Bermudian? What is that? That is their

platform. But today we may see OBA backbenchers

vote no to set up a parliamentary committee that they

called for inside of their own platform. How does that

rest with the people of this country who elected them

there? How does that make sense?

Now, I have heard some things about human

rights issues. And this is something that we hear back

and forth and how we have to confer citizenship and

all the rest. Madam Deputy Speaker, we do not have

the ability to confer citizenship to anybody at anytime

because we are not an independent country. Only

independent countries can confer citizenship. You

cannot be a citizen of Bermuda. There is no such

thing as a citizen of Bermuda.

We are citizens of the United Kingdom of

Great Britain and Northern Ireland—that is who we

are citizens of. British Overseas Territories, British

whatever, however you want to call it . . . we are not

citizens of Bermuda. So when we talk about fitting into

human rights obligations, the human rights obligations

are covered under the British Nationality Act, which

many people who do not have Bermuda Status have

British passports which say “Government of Ber-

muda.” That is a fact. So this nonsense about this

human rights argument needs to stop.

But it has already stopped, Madam Deputy

Speaker, because now, as opposed to being a human

rights argument, we have to make sure that we com-

ply with international human rights obligations. We

have this silly economic argument, which we already

got rid of during the Budget Reply in the Budget De-

bate. There was not a single person on the Govern-

ment side who came to rebut the falsehood that

somehow we will have more people in the country if

we exempt people that are already here from work

permit controls. Pure foolishness! However, once

again the One Bermuda Alliance changes where they

are going and all the rest.

To be clear, citizenship can only be granted

by the United Kingdom. We here in this Parliament

determine who gets Bermuda status. And under Ber-

muda status there are two fundamental things that are

enabled—the right to work in Bermuda without work

permit control, and the right to hold land in Bermuda

without restriction. Those are the only things . . . and

1206 7 March 2016 Official Hansard Report

Bermuda House of Assembly

to vote, sorry. Those are the three things that Ber-

muda status means and requires. That is it. So that is

all we are arguing over. That is all we are discussing.

But the immigration picture when dealing with eco-

nomics, when dealing with labour, when dealing with

economic growth, is far more important and expansive

than that one particular issue. And that is why these

things cannot be considered in isolation and need to

be considered overall.

Now, I heard the Honourable Minister of Eco-

nomic Development speak earlier. He wants to men-

tion the Fiscal Responsibility Plan, talking about net

emigration. There is nothing in the Government’s plan

in Pathways to Status, which the Honourable Minister

of Home Affairs said he is going to be happy to push

through this Parliament, there is nothing in there that

addresses what was stated inside the Fiscal Respon-

sibility Panel. The Fiscal Responsibility Panel spoke to

the fact that there are more jobs needed in the coun-

try, and when it comes to the fact of people, that we

need to lessen the Bermudians leaving, and we need

to make sure that more people stay here and increase

the amount of people that are here. But they also

mentioned that the way to increase the people that

are here on-Island is to create jobs.

Now, here is where we will go, because the

Minister of Economic Development has, once again,

selective memory. What he said was that we require

this measure of Pathways to Status to increase our

population.

Madam Deputy Speaker, can I ask you a

question? You don’t have to answer. What happened

between 1998 and 2008? I will tell you what hap-

pened. We had, by and large, the same immigration

policy that we have right now—by and large—except

for the fact that we had term limits between 1998 and

2008. And what happened? There were 5,000 jobs

created in Bermuda. That is what happened under our

existing immigration policy.

To then turn the fact that jobs left the econ-

omy and call it on PLP immigration policy is a fallacy.

Because we all know what happened in 2008. And I

do not have to repeat what I said, because we did not,

the PLP immigration policy did not cause Butterfield

Bank, XL, AIG, and all those other companies that

had all those challenges. The PLP immigration policy

did not cause that. The PLP immigration policy did not

cause consolidation. The PLP immigration policy did

not cause re-domestication of companies. We know

the reasons why those happened. The reason why XL

is back here or reconsidering its headquarters is be-

cause of Solvency II, which is the same reason why

we started the drive in the first place and why some

companies changed their domicile to other places.

So let us be clear. Let us stick with where we

are in the facts. So, again, if term limits was a job kil-

ler, as the Honourable Minister of Finance says, then

why is it two years after term . . . well, three years

after term limits are gone, we have lost 2,000 more

jobs? Shouldn’t we have just—zoom—all of a sudden

had these jobs if term limits was such a killer?

Shouldn’t we? I guess.

But what happened? Once again, we say that

this will happen because of this and, no, the only thing

that removal of term limits did was, in some cases

where persons who were in completely unskilled jobs,

who did not have to leave, were just somehow given a

way to stay. That is what happened.

Now again, nothing in the Government’s plan

addresses the concern of economic growth in this

country. Nothing. The immigration reform which they

are planning to move now does not deal with the issue

of economic growth. It does not deal with the issue of

jobs. It only deals with the removal of persons from

work permit control. And if the transient population

has a clear impact on the economy, then why are we

not focused on immigration policies that will actually

increase the population of this country? This does not

do it. It gives certainty to those people that are here

and confers voting and property rights to long-term

residents who have basically every other right in this

country except for the right to vote or hold unlimited

pieces of property. That is the only thing that changes.

Changing this is not going to increase Bermuda’s

population. So, once again, your arguments fall flat.

Then we hear this argument about misinfor-

mation. The Minister of Home Affairs said more em-

ployees mean more payroll taxes, more residents

mean more customs duties. But the fact is that this will

not create more employees. They are here already.

What is it that you are doing? That is why we

need to look at comprehensive immigration reform.

The piecemeal approach does not work.

In 2003, well before Carne and Correia, well

before the loopholes in [section] 20B(2)(b) were ex-

posed, we called for a joint select committee on immi-

gration reform because we know how important the

issue is and we know how vexing it is, and we know

how it gives absolutely no confidence to the business

community of this country or any investor to have us

get up here and say that we will change this law after

the election. But guess what? That is what we will do

because we will commit to a comprehensive policy of

immigration reform, which is what we stated in our

Throne Speeches.

So if the One Bermuda Alliance really cares

about investors, really cares about economic strength,

really cares about presenting a united front to the in-

vestment community about, we are serious about this

process and we are going to work together to come to

something that you know that will not change after we

lose the next election, then they will come together

right now. But if they do not it will be for the one rea-

son that just about everyone knows that this is for,

and it is not about economics, it is not about jobs, it is

not about hungry people, it is about votes.

Now, Madam Deputy Speaker, I will close on

this regard because what we are considering here

Official Hansard Report 7 March 2016 1207

Bermuda House of Assembly

today is very simple. We are not considering immigra-

tion reform, we are considering whether or not we

should work together to solve this issue. And to vote

“no” today will be a vote to proceed on the unilateral

path that we are currently on. A “no” vote is a vote to

the protesters to tell them we do not care what you

think. A vote “no” is, to those [protest] persons who

are tired, to say continue blocking the streets and do-

ing whatever you like. That is what a vote “no” today

is. A vote “no” is to go back on the word of the very

people who voted to put you here in this place when

you told them before the election you will not confer

status grants to anyone. A vote “no” today, Madam

Deputy Speaker, will confirm to the people of the

country that you do not care what they have to say on

this matter and you are controlled by Ministers Mi-

chael Fahy and Trevor Moniz who seem to get their

way at all times in this One Bermuda Alliance Gov-

ernment.

Madam Deputy Speaker, I implore the back

bench—the few that are listening, and those that may

be there—do the right thing and vote “yes” and let us

work together on a plan that will make Bermuda

stronger, because the current path of this Government

in regards to immigration reform will only make Ber-

muda weaker, and that is a miscalculation that the

country cannot afford.

Thank you.

[Desk thumping]

The Deputy Speaker: Thank you, Member.

Are there any other Members that would like

to speak to the motion?

The Chair recognises the Member from con-

stituency 6, the Hon. W. L. Furbert.

You have the floor.

Hon. Wayne L. Furbert: Thank you, Madam Deputy

Speaker.

Let me just say, first of all, that I am . . . I

came back. I am not feeling well, but I thought it was

important [to speak] on this issue.

The Deputy Speaker: I hope you are not going to

share what [caused your illness].

[Inaudible interjections and laughter]

Hon. Wayne L. Furbert: Well, it is a . . . I went to my

doctor and he told me I had food poisoning, so right

now I am in serious pain. So I am not going to be

long. I am not going to be long because, at the end of

the day I want to make sure that this day is recorded.

Then my grandchildren will say that granddad was in

the audience, as sick as he was, to speak up for them.

My grandchildren will be able to say that, My grand-

dad was there to vote no. My grandchildren will be

able to say that, My granddad warned the OBA not to

move in this direction.

Let me just say also to the Speaker that this is

unprecedented. It is probably the first time in my his-

tory being here that this type of motion was brought

forward. And, as a matter of fact, there are so many

motions that are being laid right now that the Speaker

and the staff have to look at, so we appreciate the

hard work that he has done to try and find a balance

on this particular issue.

Madam Deputy Speaker, there was a quote

by Johann Wolfgang [Goethe] that said, “There is

nothing more frightful than ignorance in action.” There

is nothing more frightful than ignorance in action.

[Inaudible interjection]

Hon. Wayne L. Furbert: Arrogance, too.

I also looked at the part about saying that

where the OBA had mentioned strengthening parlia-

mentary committees to draw on parliamentarians from

all parties to work on major policy issues of the day.

The OBA, Madam Deputy Speaker, promised

inclusiveness. As a matter of fact they ran on that. As

a matter of fact they said they were not going to be

the United Bermuda Party. They promised account-

ability and they promised so many things. But is clear,

Madam Deputy Speaker, they have gone back, par-

ticularly on the major issues that are impacting our

people.

Immigration is something that can blow up

very easily. You will be aware, Madam Deputy

Speaker, that I laid down a motion looking at how to

create jobs. Well, I know how the OBA works, and I do

not expect them . . . I expect that they will be under

the Whip not to support such an issue. And the reason

why is because of the arrogance in the whole group.

Madam Deputy Speaker, I sat in another

place, and I recall there was discussion just before

1998, 1996, 1997, talking about immigration reform

and giving long-term residents status. Well, I remem-

ber an individual, one of my white colleagues at the

time, saying, We shouldn’t be giving them status, be-

cause they were concerned about the new white

power that came into Bermuda at that time. All right?

Remember, for so long there has been a group that

has been controlling the Island. So they were con-

cerned about this whole thing about allowing individu-

als to come in, particularly in the white community, to

lose their economic power base.

Madam Deputy Speaker, on Sunday, Octo-

ber 12, 2014, Bermudians woke up to the widespread

destruction of Hurricane Fay with damage to thou-

sands of trees, hundreds of roofs, and vehicles. Like-

wise, Bermudians are now quickly waking up to Minis-

ter Fahy’s widespread destruction of our own rights to

our own country. I have never met a Senator who has

as much power [as] Michael Fahy—a Minister who sits

1208 7 March 2016 Official Hansard Report

Bermuda House of Assembly

in another place. I have never seen that type of

power.

I would have thought that the Premier would

have said, Okay, Michael, you’ve done your duty. I’m

gonna get rid of you because I need to win my next

election. That is something that normally happens.

You do your part and go in, kick a few people out, and

then at the end of the day you are going to bring some

more moderate person in to try to win.

It is clear, Madam Deputy Speaker, that the

path that the OBA Government has been going on for

the last three years tells me that they really do not

care about Bermudians. They really do not care. And

it puzzles me. It puzzles me. Most politicians at least

try to listen. Do you know why? Because they want to,

at the end of the day, retain power and get voted in.

I am of the belief that there are several people

on the OBA side who will not be running in the next

election and; hence, [feel they] do not have to answer

to anyone. [They say] I do not have to answer to any-

one. I have done my part. I have become Minister, or

whatever, and I do not have to listen now. When a

party gets to that state we are heading into a serious

ramification that none us pretty well can stop.

I am sure that at the end of the day that the

Governor has a Government Council that is meeting

to discuss possibilities if something may happen. You

have to [since it is possible] that something will hap-

pen. But why do we want to take that road when we

ask the Government to pause? That is all. Many of us

on this side support . . . As I said, my doctor said I had

food poisoning. I asked him how long he has been

here. Eighteen years. He is one of them and he is a

good doctor. I figured at the end of the day he should

be given the rights. But once we get around the table

and discuss the . . . (what is the word I am looking

for?) I am looking for the—

An Hon. Member: Consensus.

Hon. Wayne L. Furbert: A consensus. But what we

have . . . who benefits?

As a matter of fact, the OBA Government

benefits. The Progressive Labour Party benefits and,

above all, the people benefit. We have to always be

mindful on what we are doing that is going to have an

impact on the people.

Now, I have heard many of them talk about

we need this because . . . why? It is going to create

economic stimulus. Well, I am confused. Being a

mathematician. And I am not going to use some Alge-

bra equation, but if the same people as my Honour-

able Deputy Leader said, are here and are working

and given the same . . . okay, look, make them all

Governors tomorrow. It does not change anything you

know. It does not.

So I do not understand. The population does

not grow because Bermudians are having probably

one child per family and likewise most of them are

having one or none. So what are we doing? Why do

we want to head in this direction? It logically, politically

does not make sense. Besides that, you have a Minis-

ter who does not care about the average Bermudian

and he is willing to do whatever it takes. I know the

Honourable Member, the Attorney General, I know

how he thinks. He has been thinking that way for a

long time, as far as giving people status. He was one

of them that did. Well, if we want to head in that direc-

tion, Madam Deputy Speaker, and I am hoping that as

my honourable colleague said the backbenchers will

just say, Well hold on. Come on you guys. Is this the

way that we want to head?

Should politicians follow public opinion? In

some cases I think so. If not . . . unless you can ex-

plain clearly why you are heading in the direction. But

the Government has not made that point. If the Gov-

ernment was to say tomorrow that giving these people

status will increase the population so much that we

will be able to collect more social insurance, we will be

able to collect more, the insurance companies can

collect more health premiums, but no. We have 4,000-

plus Bermudians unemployed. If they were trained

and put in those positions, you know it would be the

same? And that I accept that we do not have all Ber-

mudians in a certain place, like I said about the doc-

tor, as time goes one sometimes doctors are special-

ists.

So we accept that we need actuaries. I am an

accountant, we know we need accountants. We know

that we need . . . perhaps some underwriting individu-

als with a higher degree or skill level—

[Inaudible interjection]

Hon. Wayne L. Furbert: I said “we may.”

Well, the Honourable Member, Dr. Grant Gib-

bons, just walked in (for Economic Development). My

daughter is an underwriter. But the person above her,

what do you think she is?

[Inaudible interjection]

Hon. Wayne L. Furbert: Right.

The Deputy Speaker: Honourable Member, just

speak to the Chair.

Hon. Wayne L. Furbert: The Honourable Member . . .

and I do not want to miss . . . because I am sure

somebody will be listening in the insurance world and

I do not want to get my daughter in trouble, you know.

But I will say “individuals.”

There are individuals out there who sit in a

certain place and there are non-Bermudians who are

above them. Once that person has been given the

rights based on the OBA [policy], do you think that

individual will be able to get that position in [upward]

mobility?

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Bermuda House of Assembly

[Inaudible interjection]

Hon. Wayne L. Furbert: Well, the Honourable Mem-

ber Grant Gibbons says, It happens all the time. Do

you know why? Because they do not care. They do

not care. Michael Jackson says, They don’t care

about us. They do not care. They do not really care

about us. So the policies are there to really benefit

themselves in a lot of degrees because, at the end of

the day, they are the ones who maintain or hold the

capital—large jobs—in Bermuda.

Now let me say this, Madam Deputy Speaker,

based on those numbers, I believe it was about 75 per

cent of those individuals who are European will get

status—75 per cent. Madam Deputy Speaker, if

75 per cent were from the Caribbean, do you think the

Government would be coming here and talking about

status? No.

Let us face reality. They realise that is 10 per

cent, all right? We will deal with those 10 per cent, but

the average based on political things that happened in

the past, the majority of Europeans vote 95 or 98 . . .

some parishes vote 99 per cent for the OBA. So they

can do everything right now. They can buy houses,

they can shop, they can do everything. They can work

without even competing against a Bermudian, right

now. The only thing they cannot do, Madam Deputy

Speaker, is vote.

So what do you think is the mindset? What is

the motive behind what they are doing? It has nothing

to do with increasing the population; it has been al-

ready proved that that is wrong, that is not going to

happen. It is about voting and they have to do it by,

you know, within a short time to make sure . . . by

2017.

So is that the way we want to put our policies?

The Honourable Member Walton Brown has talked

about how in the past [there were] immigration poli-

cies put to ensure at the end of the day that individu-

als got status for voting purposes. I was in the United

Bermuda Party over there and I benefitted from that

policy. But I am a really fair person and I believe that

the road the OBA is heading down right now is the

wrong road. They cannot deny that they . . . as a mat-

ter of fact, they have an interest, they have a self-

interest. They should declare their interest when they

put this Pathway to Status on the table, that by doing

what they want to do, they are going to benefit from it.

By doing what they want to do, the PLP will not benefit

from that policy going forward, or the legislation going

forward.

But there is one man . . . as a matter of fact,

Madam Deputy Speaker, I believe we did a poll and

asked which politician . . . and I do not want to use the

word “hated.” I do not want to use the word “arrogant.”

I do not want to use the word . . . give us another—

[Inaudible interjection]

Hon. Wayne L. Furbert: I do not want to use those

words (as Donald Trump says, somebody else said it).

But if we asked and took a poll, I believe 85 per cent

of Bermudians would say, particularly the black com-

munity, that Michael Fahy is that politician, the Minis-

ter Michael Fahy. He really does not care about the

direction we are headed.

And I said I was not going to talk long be-

cause I am really in pain, but I am staying for the vote

because I want my vote to be counted. And let me just

say what else will be counted. Yes, you are going to

proceed. You are under the Whip. You are going to

vote against us tonight. You are under the Whip. It is

simple; I understand how those things work. You are

going to vote for the Pathways to Status because you

are under the Whip; Government is not going to lose

that Bill. And we will have this done.

But, Madam Deputy Speaker, that means that

those Bermudians, particularly in the black commu-

nity, will have to come out significantly in 2017 or

whenever the Premier calls the election (2018 is the

last he can call it)—and we are going to send a mes-

sage to every constituent. As a matter of fact, I want

to go after the Honourable Member Grant Gibbons in

Paget. Now normally we do not win that seat. We

normally do not win that seat. We normally do not win

that seat based on what the Honourable Member

Grant . . . the Minister, because of the racial break-

down in Paget. You know that. I keep being reminded

about that chart that you carry in your pocket.

Can you take it out so we can see it and lay it

on the table? As a matter of fact, I have a copy at

home that we can lay before Parliament one of these

days. I remember you giving me a copy. The racial

breakdown has a serious implication on political . . .

whether you win or lose in Bermuda.

But is that the way that we want to go? Is that

the Bermuda we really want? Or do we want to do

something different so that our children and grand-

children and great-grandchildren will not have to al-

ways come up here looking for policies that impact,

based and motivated on a racial basis? Is that what

we really want?

I promised myself that before I left this earth I

would try to do something, and I have been here for

quite a while and have not been able to accomplish

that. Although I said the other night when I was on the

other side as Leader, in my first speech to the United

Bermuda Party, I said to them, if you want to make

Bermuda a better place (and I can give a copy to the

press if they want it) we need to ensure that at least

50 per cent of the white community would go and

support the Progressive Labour Party.

They are looking at me like I am strange,

probably that is why I did not last too long because

Grant came after me on that one. He did not like that

policy—

The Speaker: Honourable Member.

1210 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Hon. Wayne L. Furbert: The Honourable Member

Grant Gibbons.

Where do we want . . . what do we want after

they . . . live on and be their legacy as politicians?

That we increase the vote for the PLP . . . UBP . . .

OBA to win? Is that the legacy that we want to live by?

Or do we want a legacy based on my honourable

friend, Walton Brown, that says, Let’s have a chat.

Let’s have a discussion. Let’s have some consultation

as you promised. Every major promise that you have

made you have broken. Every major promise you

have broken.

So, Madam Deputy Speaker, in closing, the

rationale that the Government puts forward of why we

are making Pathways to Status is false. And I am hop-

ing that there is at least something somewhere in

somebody’s heart, or are you going to be the lion that

has no heart? Or are you going to be—bravery,

sorry—or are you going to be the Tin Man who has no

heart?

[Inaudible interjection]

Hon. Wayne L. Furbert: Alice in Wonderland.

Is that the way that we want to live? Is that the

way that we want to leave this House? And say what

we did impacted Bermudians for the rest of their lives

in a negative way?

So, Madam Deputy Speaker, I am going to

get some ginger ale and I am glad I will be here for

the vote and I am voting “yes” in behalf of my . . .

where the PLP wants to push the Government in that

direction.

Thank you.

ANNOUNCEMENT BY THE SPEAKER

HOUSE VISITOR

The Deputy Speaker: Thank you, Member.

Before we move to the next speaker, the

Chair would like to recognise, or the House would

recognise Senator Kim Wilkerson, who I believe is in

the Gallery. Welcome.

Thank you.

PARLIAMENTARY JOINT SELECT COMMITTEE TO

EXAMINE WIDE RANGE OF ISSUES INVOLVED IN

COMPREHENSIVE IMMIGRATION REFORM

[Continuation of debate thereon]

The Deputy Speaker: The Chair recognises the

Member from constituency 11, the Honourable E. T.

Richards.

You have the floor.

Hon. E. T. (Bob) Richards: Thank you, Madam Dep-

uty Speaker.

Madam Deputy Speaker, this motion and the

debate and the initiative by the Honourable Member

Mr. Brown for a bipartisan consultative approach to

immigration reminds me of, of all things, Sarah Palin,

when she starts talking about putting lipstick on a pig.

And what happens when you put lipstick on a pig? It is

still a pig after you put lipstick on it.

And there is a lot of talk we have heard here,

but Madam Deputy Speaker, we all know that actions

speak louder than words. We all know that. And the

thought occurred to me that if one is going to take a

bipartisan approach, the first thing you would have

done is to at least give prior notice to the other side

before you brought this motion to the House. Actions

speak louder than words. If you really wanted to em-

brace the spirit of bipartisanship, certainly, some sort

of prior notice to this side would have been in order.

Mr. Walton Brown: Point of clarification.

The Deputy Speaker: All right. Do you yield to a point

of clarification?

Yes, please proceed.

POINT OF CLARIFICATION

Mr. Walton Brown: For the Honourable Finance Min-

ister’s edification we have attempted for three years to

engage in a bipartisan approach. This last minute ur-

gent appeal was a direct consequence of the Immigra-

tion Bill being listed on the Order Paper which we re-

ceived, I believe, Saturday morning.

The Deputy Speaker: Thank you, Member.

The Chair recognises the Member from con-

stituency 11.

Hon. E. T. (Bob) Richards: That is a joke.

Madam Deputy Speaker, the Minister in

charge of this has been talking about this for weeks. It

has been very clear that this was going to come to the

House. You know, the Honourable Member had up a

second before you laid this motion, you could have

come over here and given prior notice. But even up to

the last second you did not. So, let us talk about, you

know, actions speak louder than words.

So, this is all a smokescreen, that is what it is,

it is a smokescreen because, you know, if there was

real intent to be inclusive, there would have been in-

clusion. There has been exclusion. Well, you know,

when we put motions and bills down, the other side

gets notice of it through the Whips. They get notice

that we are going to lay this and that and the other.

But this one here, Madam Deputy Speaker, was noth-

ing but an attempted ambush—nothing but an at-

tempted ambush. An ambush with the objective of

getting two bites of the cherry, to have a discussion

about it today, and then when the Bill comes up for

Official Hansard Report 7 March 2016 1211

Bermuda House of Assembly

debate, to have another discussion about it. That is

what this is. Actions speak louder than words.

And speaking of actions, Madam Deputy

Speaker, when my colleagues went to have a town

hall meeting on this matter at the Cathedral Hall, what

happened? We had the people that I refer to as the

Honourable Member’s “storm troopers”—the storm

troopers—

Mr. Walton Brown: Madam Deputy Speaker, point of

order.

The Deputy Speaker: Your point of order is?

POINT OF ORDER

[Imputing improper motives]

Mr. Walton Brown: The Honourable Minister is imput-

ing improper motives to make an association with the

Nazis is highly inappropriate, and he needs to retract

that comment.

The Deputy Speaker: The Chair recognises the

Member from constituency 11.

Hon. E. T. (Bob) Richards: Madam Deputy Speaker,

the storm troopers, in fact, originated in WWI not

WWII. Anyway—

Mr. Walton Brown: Madam Deputy Speaker—

The Deputy Speaker: Yes. The Chair recognises the

Member from; do you have a point of order?

POINT OF ORDER

Mr. Walton Brown: Yes. I am asking if the Minister

will retract that comment. It is an association with the

Nazis.

The Deputy Speaker: The Chair recognises the

Member from constituency 11.

Hon. E. T. (Bob) Richards: I do not agree with that

assertion..

In any case, Madam Deputy Speaker—

Mr. Walton Brown: Madam Deputy Speaker, I am

asking for a ruling from you on this matter.

The Deputy Speaker: Member, I am asking for, I can

only have one person stand to their feet.

Thank you.

The Chair recognises the Member from con-

stituency 11.

Hon. E. T. (Bob) Richards: Thank you.

The Honourable Member’s friends who dis-

rupted the—

Hon. Marc A. R. Bean: Point of order.

The Deputy Speaker: Thank you, have a seat.

The Chair recognises the Opposition Leader.

POINT OF ORDER

Hon. Marc A. R. Bean: Madam Deputy Speaker, my

honourable colleague just stood to his feet and asked

for a ruling and for a retraction of a statement by the

Honourable Minister and Deputy Premier. And you

have seen fit to just allow him to continue. We are

asking for a ruling for him to retract the statement that

associates the Progressive Labour Party and/or citi-

zens of this country with events and behaviours of

WWII or WWI which represents, not democracy.

We ask you to ask the Minister to retract that

statement.

The Deputy Speaker: Thank you, Member.

The Chair recognises the Member from con-

stituency 11, if you would like to confirm your position.

Hon. E. T. (Bob) Richards: Madam Deputy Speaker,

when people behave in a disruptive way in a milieu

that is an orderly process as we witnessed here a

couple of weeks ago, everybody knows that people in

the Gallery are not allowed to say anything audible,

yet we had a demonstration here in this Chamber, and

when Ministers of the Government have public meet-

ings and those meetings are disrupted deliberately,

loudly, and they prevent the people that came there

from hearing the information that the Government

Ministers had, and they were prevented from asking

questions to those Ministers, and engaging in a dis-

course and an exchange of information, they were

prevented from doing that, and these are the people

that I am talking about.

So, they came there to listen and they could

not listen. They came there to participate and they

could not participate. They came to try to understand

and get a level of understanding and they could not do

that. So if the Honourable Member wants to get, you

know, bent out of shape by the phrase “storm troop-

ers” he can get bent of shape. But what I am talking

about here is folks that he has encouraged to deliber-

ately prevent people from hearing information and

participating in a dialogue with the Government on this

issue. That is what I am talking about. Their objective

just seemed to be to disrupt, that is it—disrupt—

period.

And the Honourable Member who brought this

motion has been pretty clear that, you know, he has

encouraged them to do so. Now he comes here and

he is making these veiled threats—thinly veiled

threats—about what will happen if we do not do what

he says. And he is the one who is saying that we are

escalating the situation? It is this disruption, this cam-

paign—it is clearly a campaign that is going on here,

1212 7 March 2016 Official Hansard Report

Bermuda House of Assembly

and I will come back to this later, but he has com-

plained about brinkmanship, that he does not want

brinkmanship, but this brinkmanship has been caused

by the Honourable Member. It has been caused by

him and his instigation of these people and his con-

stant encouragement of these people , , , this brink-

manship has been caused by him, so it is very disin-

genuous to say he is coming here somehow to step

back from the brink, because we are at the brink be-

cause of the Honourable Member.

What we have been doing here as a Govern-

ment is to try to fix a problem that has existed. And

these problems have existed because of , , , in many

ways, and I would not say exclusively, but it has cer-

tainly been aided and abetted by the policies and the

practices of the former Government. As I think one of

my colleagues said, when you start adding up the 15

years and that sort of stuff, it has got everybody’s fin-

gerprints on it. There is no question about that.

You cannot have it both ways, Madam Deputy

Speaker. You come here and say you are trying to

step back from the brink when you put us on the brink

in the first place.

I have heard that, you know, we should not

rush this matter through. But Madam Deputy Speaker,

I am looking at this , , , this motion and this motion

should be renamed “slow motion” because you look at

the last clause and it says, “BE IT FURTHER RE-

SOLVED that this report”—the report by this joint se-

lect committee—“this report be consulted by Members

of the Legislature prior to any Bill being tabled dealing

with the subject matter.”

Madam Deputy Speaker, Lord knows, if that

joint select committee were formed, Lord knows when

that committee’s report would come to pass.

Mr. Walton Brown: Point of order.

The Deputy Speaker: Thank you, sorry. The Chair

recognises the Member—

Mr. Walton Brown: The Honourable Member is—

The Deputy Speaker: Wait a minute. The Chair rec-

ognises the Member from constituency 17.

POINT OF ORDER

[Misleading]

Mr. Walton Brown: My apologies, Madam Deputy

Speaker.

The Honourable Member is misleading the

House. He knows very well the motion puts a six-

month time frame in place.

The Deputy Speaker: Thank you.

The Chair recognises the Member from con-

stituency 11.

Hon. E. T. (Bob) Richards: Madam Deputy Speaker,

that can always be changed, changed on the fly, as

they say.

Joint select committees, in this history of this

Honourable House have history of going on for years

without resolution—years. So you have got this six

month thing here and in six months’ time you say,

well, you know, we need another six months and we

need another six months. So this is the antithesis of

trying to get the job done. Because it seems to me

that the Honourable Member and his colleagues want

to keep talking about this issue forever. And what we

are trying to do as a Government is to actually get

things done.

And, Madam Deputy Speaker, I find also the

call for bipartisanship to be somewhat hollow, again,

actions speak louder than words. I sat over there for

five years and never once was there an offer made by

the then-PLP Government for bipartisanship—never

once.

Hon. Dennis P. Lister: Point of order, point of order.

The Deputy Speaker: Your point of order?

POINT OF ORDER

[Misleading]

Hon. Dennis P. Lister: The Honourable Minister is

misleading the House. The Speaker has just walked

back into the House. When the Speaker sat as a

Member of the Government when we were Govern-

ment, he himself called for a Joint Select Committee

on Crime, I believe it was, was it not, Mr. Speaker?

And that Committee sat and deliberated their busi-

ness.

The Deputy Speaker: Thank you, Member.

The Chair recognises the Member from con-

stituency 11.

Hon. E. T. (Bob) Richards: Oh, Mr. Speaker, you are

taking the Chair?

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

Hon. E. T. (Bob) Richards: I wonder if the Honour-

able Member can tell us if there was a bipartisan ap-

proach to the bringing to Bermuda of the Uighurs in

the dark of night.

[Inaudible interjections]

[Gavel]

The Speaker: Now, you know, when I left here there

was no talking across the floor. I come back now and

, , , do not be pointing. When I left here I said I did not

Official Hansard Report 7 March 2016 1213

Bermuda House of Assembly

want any talking across the House, I come back here

now, it is the same thing I expect.

Carry on.

Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker.

Was there any bipartisanship, was there any

consultation on that particular occasion? Was bringing

the Uighurs here part of their election platform? Was

there a mandate for them to do that? I think not.

When the now-Opposition was the Govern-

ment, they made quite a few changes to immigration

policy and laws and they, in fact, established the

whole PRC structure. Was there a bipartisan joint se-

lect committee for that? No. There was lots of talk and

there were lots of meetings, but nobody, Mr. Speaker,

nobody reached across the aisle—nobody.

Mr. E. David Burt: Point of order.

The Speaker: Yes, Honourable Member.

POINT OF ORDER

[Misleading]

Mr. E. David Burt: The Honourable Minister is mis-

leading the House. As I said in my remarks, during

that there were Green Paper consultations, there were

town hall meetings, there was a White Paper and then

there was the final Bill. There were three stages be-

fore that change went. And during the Green Paper

there was wide consultation from Members inside of

this House and externally.

The Speaker: Thank you.

Carry on.

Hon. E. T. (Bob) Richards: That Honourable Mem-

ber, for a young man, he is quite hard of hearing. I

said was there any bipartisan joint select committee

set up for that. That is what I said. I did not say was

there any consultation, you are not listening. All right?

That is what I said. There was none. As a matter of

fact, a number of us were getting quite tired of being

lectured to by the gentleman who sat in this seat next

to me, the then-Premier. [We] got lectured to about

who the heck was in charge—We are the Govern-

ment, he said. And you are there to just sit there and,

you know, you can talk, you can have your say, but

we’re gonna do what we want. We were told that ump-

teen times in a lot of different ways. Not only was

there no bipartisanship, there was not even a spirit of

bipartisanship.

So, they are telling us now that we should be

great guys, be all inclusive—and they were not! Is that

not a bit of a double standard, Mr. Speaker? I think so.

I do not think they had any joint select com-

mittees or bipartisanship on the term limit policy either

and that was a very destructive policy. And even

though 70 per cent of the applications for waivers of

the term limit policy took place, it was the uncertainty

of whether or not you were going to be given that

waiver that chased people out of here. And those of

us in business know that. We know people who left

because of it. We do not have amnesia on this, Mr.

Speaker.

They want us to have amnesia, they want

Bermudians to have amnesia, we do not have amne-

sia and the people of Bermuda do not have amnesia

either. Actions speak louder than words. And what we

have had here tonight, Mr. Speaker, started out with

inaction, the appropriate action that should have been

taken place to demonstrate a spirit, it was not done,

and it has been downhill ever since on that. It is all

smoke and mirrors. Just words.

When the PLP Government was in power,

they made sure that we knew that there was an Ex-

ecutive branch of the Government and that Executive

branch made decisions and they presented those de-

cisions to this Honourable House. And that they had

the votes to make those decisions legislation, and we

were told that in no uncertain terms. Now all of a sud-

den we have a change of heart, or an apparent

change of heart, perhaps this change of heart really

has more to do with political expediency than a real

change of heart.

The PLP brought forward the Job Makers Act

and they consulted with business on that. They con-

sulted with business. They never consulted with the

Opposition. You know, they never consulted with the

Opposition, but they consulted with business. The

problem with that, Mr. Speaker, is that after having

consulted with business the then-Government came

and brought an Act that was very different from what

they had indicated to business that they were going to

do. They unilaterally changed what they said they

were going to do and what was laid in this House was

not like what they had agreed to do with business. So

I do not know what kind of consultation that is when

you consult with people, you think you have got a

consensus with the Government, and they go their

caucus, decisions are made, changes are made and it

comes to the House and it is very different from what

the people out there who were really affected by it

[expected]. What they thought they were going to get,

they did not get. So that particular piece of legislation

went over like a lead balloon.

You know, Mr. Speaker, you can kind of fake

consultation too. That is why I am bringing that up be-

cause it would have been good, I mean, you know,

the fact that Opposition was not consulted in this par-

ticular case is neither here nor there. Quite frankly, we

did not expect to be consulted on that. But the people

who were supposed to be consulted on it, they got a

different . . . they got a 6 for a 9.

And Mr. Speaker, while I am thinking about

that, you know, what about the infamous tax in-

crease? There was this sort of unwritten law, there

was a sort unwritten rule, it was not a law—laws are

1214 7 March 2016 Official Hansard Report

Bermuda House of Assembly

all written—it was an unwritten rule insofar as tax was

concerned with international business that they would

not do anything about that without consultation, with-

out prior consultation. One day the Minister of Finance

walked in here, announced a 2 per cent tax rise with-

out any consultation.

So, I will not be lectured by that side about

consultation! They talk about it when it pleases them;

they do not do it when it pleases them. And that was

an example of a very damaging incident of lack of

consultation.

As I said, they want to convince people that

they have changed from the Ewart Brown era. He had

a particular style. I must say that his successor did not

have that style and his predecessor did not have that

style, but he sure as heck had that style. But they

want Bermudians to have amnesia.

They want collaboration, Mr. Speaker, but

their Leader said there would be no collaboration with

this Government.

Hon. Marc A. R. Bean: Point of order.

The Speaker: The Chair will recognise the Opposition

Leader.

POINT OF ORDER

[Misleading]

Hon. Marc A. R. Bean: Thank you, Mr. Speaker.

The Honourable Minister is misleading the

House on the statement that was made, it was in the

context of the Gaming Referendum, Mr. Speaker, and

we all remember what happened with the Gaming

Referendum.

The Speaker: Thank you.

Hon. Marc A. R. Bean: Thank you, Mr. Speaker.

The Speaker: Minister, carry on.

Hon. E. T. (Bob) Richards: I will just repeat. He said

there would be no collaboration.

And now we have a motion for collaboration.

Well, one wonders who is leading over there. Is there

one faction in the backbench that says he wants col-

laboration? And the front bench says they do not want

collaboration.

The thing is, Mr. Speaker, since I have been

Minister of Finance my experience has been, with one

exception . . . and that was the first one, when we

tried to get a reduction in the cost of the civil service,

we got a Furlough Day agreed. It astonished a lot of

people, including me. We got that. But every other

initiative that I can tell you, from my Ministry’s con-

cern, every other initiative has been met with implaca-

ble resistance.

I got up in front of a bunch of people down at

Pier 6 to outline ways we could restructure Govern-

ment, mainly just to point out the problem that we

were having with the structure of Government and the

expense and the deficit and all those sorts of things. I

was met with a fusillade of noise, disruption, marches.

The people who came to listen had a really hard time

listening and hearing because of the unbelievable dis-

ruption that took place on that occasion.

The Cathedral hall incident with my col-

leagues is another example of that with, you know,

our airport initiative—implacable opposition. Yet they

say they want to collaborate. This is like the Roman

god, Janus, Mr. Speaker, the two-faced god. We do

not know which face we are going to see from one

moment to the next. Well, I know, Mr. Speaker, be-

cause this face of collaboration is not real. It is not

real. It is a complete facade. It is not real.

The thing is, Mr. Speaker, I think that certain

Members of the Opposition still do not get it. I am go-

ing to give them a taste of Ewart Brown. They lost the

election and even if they just lost by one vote, they still

lost the election. They still think they are the Govern-

ment. They are not the Government. We have the re-

sponsibility to do what we think is best for Bermuda

and we are doing that.

How much time do I have left, Mr. Speaker?

The Speaker: Three minutes.

Hon. E. T. (Bob) Richards: Three minutes, okay.

So, what we have here is an attempt to, I do

not know, to get in on the action. But that is not the

way this system works. This system works that the

governing party makes decisions, brings them to the

legislature, and the legislature debates them. That is

how this system works. We have legislation that was

tabled today on Immigration. Now, you know, the Op-

position has gotten two bites at this cherry, which I do

not think is right, but what I am saying here, Mr.

Speaker, in my last two minutes, is that what we have

had here is a soft sell. "We want to cooperate, we

want to collaborate", but that face of the Janus god,

the other side of that face are the threats—the

threats—that if we do not do what they say bad things

will happen.

Well, I am sorry, Mr. Speaker, I am not fooled

by the soft sell and I do not react well to ultimatums,

and nobody in this Government reacts well to ultima-

tums. And that is what we have here. This is Opposi-

tion by threat. If it does not work out in Parliament,

they do not have the votes in Parliament, they take to

street politics. The Honourable Member said so. If it

does not work . . . he calls it extra-parliamentary poli-

tics. That is what he calls it. It is a fancy word for

street politics. And they are using it as a threat, as an

ultimatum, that if we do not do what they say bad

things are going to happen.

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Bermuda House of Assembly

Mr. Walton Brown: Point of order.

The Speaker: Yes, Honourable Member.

POINT OF ORDER

[Imputing improper motives]

Mr. Walton Brown: The Honourable Member is [im-

puting] improper motives by saying that we are issuing

threats. We are simply putting facts for the Govern-

ment to consider.

The Speaker: All right. Thank you, Honourable Mem-

ber.

Hon. E. T. (Bob) Richards: If something does not

happen, if we do not do what they say, something is

going to happen. That is not a fact; that is a threat.

That is a threat, Mr. Speaker, and we do not react well

to threats.

We have got a policy. It is well thought out. I

do not have time to sort of lay out the arguments, but

my colleagues have done that wonderfully so far. But

what I really wanted to say here is that we do not re-

act well to threats and, you know, if they want to test

us, go right ahead, because we are not flinching.

Thank you, Mr. Speaker.

The Speaker: Thank you, Finance Minister.

The Chair recognises the Honourable Mem-

ber from constituency 3, MP Lovitta Foggo, the Oppo-

sition Whip.

You have the floor.

Ms. Lovitta F. Foggo: Thank you, Mr. Speaker.

Mr. Speaker, Bermuda has been an operating

polity for almost 400 years, since 1620. And through-

out the decades and centuries, Mr. Speaker, if one

takes the time to look, and I am sure I am not speak-

ing to Members who do not already know this, but

throughout that duration, Mr. Speaker, we have seen

acts of what is now coined as “social engineering.”

Mr. Speaker, from the beginning when one

could vote, you had to own land, and we saw

throughout that long duration different changes to the

law, different age changes, different monetary

amounts being changed so that people could vote.

And oft-times, Mr. Speaker, more changes were made

when the Government of the day recognised that

some of those changes were harmful to themselves.

Bring that all the way forward to present day

and here we are looking at a situation, Mr. Speaker,

that I, for one, know first-hand has caused a great

deal of alarm in the public domain. It would seem that

some think it is okay to minimise the impact, but I

cannot walk two seconds in the street without almost

being accosted by members of the public who have

charged me with being their voice and saying, Do eve-

rything that you possibly can do to stop, what they see

as a tool that is disenfranchising Bermudians.

Mr. Speaker, when you have a large number

of Bermudians who have lost their jobs, when, last

year for instance I think it was about 300 and some-

thing that lost their jobs while 400 and something for-

eign workers got jobs, Bermudians are upset by that.

Mr. Speaker, when you read through the leg-

islation that the Government intends to lay and the

rights that will be bestowed on some members of our

community, it is cause for concern because we have

heard other Members speak here today, Mr. Speaker,

of the fact that if you are PRC holder that is not going

to change the population count. Many of them, not all,

are employed. So, when we look at those types of

indicators, Mr. Speaker, one, to me, is right to con-

clude that what does change, Mr. Speaker, one thing

that definitely changes is the ability of those individu-

als and their children when the time comes, to vote.

Mr. Speaker, you look in other countries, let

us take Great Britain. You know, you have political

scientists and many of those political scientists are

employed by political parties to go and study the vari-

ous riders and the populace within those riders and

how to manipulate things within those areas to try and

secure votes. This is not something that is unique to

Bermuda. This is not something that has just begun.

This happens everywhere. And so those of us who sit

on this side of the House are not fooled by what obvi-

ously is an attempt to change the voting base, Mr.

Speaker.

And should we be alarmed by that? Yes. Be-

cause when you have any party or organisation that

engages in social engineering, which for the most

part, creates a public outcry and alarm because of the

impact of what will happen should that be imple-

mented, we have every right to be upset. And when

you see close to a thousand people gathered here,

because that is what it was, it was not a mere 200

people, Mr. Speaker, who gathered outside of our As-

sembly to make their presence known, a smart Gov-

ernment would pay attention. Because we have heard

here, Mr. Speaker, from Members and had Members

on our side admit to the fact that when you are in

Government and you do not listen to the people, the

very ones who really should have a major impact on

how you draw up your policies and your laws (be-

cause it is supposed to be for their benefit and it is

supposed to be for the benefit of the country and the

people that live within that country) and you choose to

ignore what they have to say, then you may have to

face their wrath.

I think my Honourable Member for Finance

gets it wrong when he tries to suggest that my col-

league, who sits to my immediate right, has this great

ability and power to be able to tell people that they

ought to be doing this and that when I know for a fact,

I can think of several people who do not even like this

Honourable Member, will not even listen to him, but

1216 7 March 2016 Official Hansard Report

Bermuda House of Assembly

they are upset and angry because they see, Mr.

Speaker, what this legislation will be doing. He has no

influence over them taking to the street, voicing their

concerns on the radio airwaves and the like—none

whatsoever—and nor do I, Mr. Speaker.

But I do say this: When the large majority . . .

and I do canvass. And the large majority of the people

who are in my constituency and even people in the

broader community (who I do not even know) stop me

on the street and charge me with being their voice,

then I am here speaking. I am going to be their voice,

Mr. Speaker. Because when I see so many Bermudi-

ans who are disenfranchised, unemployed in their

own country, who have the qualifications to be able to

assume so many of those jobs that are out there that

others occupy, I am upset. But for the grace of god,

there go I, you know. You know the expression. I think

you are more religious than I am, Mr. Speaker.

Mr. Speaker, you know, the other thing that I

feel I took great exception to is when my honourable

friend on another occasion, not so very long ago, the

Honourable Attorney General, suggested that we

ought to sit over here, keep quiet and be patient while

they engage in whatever measures they are engaging

in for this Pathways to Status. I was very insulted by

that because when I read this I said, Maybe I’m miss-

ing something. Let me see what is so novel in here.

What am I missing out on, Mr. Speaker, because I

cannot figure it out. Where the people we are ad-

dressing in this legislation by and large are people

who enjoy all the rights that we are saying that this

legislation is giving to them, except for the right to

vote.

When this happened in the not-so-distant

past, the British Government, looking at these same

sorts of things that we are playing now basically called

it for what it was. They saw a people—Bermudians—

being disenfranchised in one way or another, having

their rights . . . perhaps had things been allowed to

progress without any impediments, without anyone

saying no, to the point where we would have been

overrun by others in our country. In fact, an Honour-

able Member made mention of Cayman.

Well, if any of us know any Caymanians, they

can tell you straight up that there are more foreigners

in Cayman than there are now Caymanians. And most

of them enjoy far more than what the native Cayma-

nian does.

I will fight with every fibre in my body, Mr.

Speaker, to make sure that that does not happen to

the Bermudian. Because as my Honourable Member,

Wayne Furbert, did say, I am standing up for my

grandchildren. I have two grandsons who I love

dearly, Mr. Speaker. I have friends who have grand-

children, nieces, nephews, I come from a large family.

And Bermuda should be—and people hear me say

this all the time—Bermuda should be for Bermudians

first and foremost—first! We are not trying to disad-

vantage anyone else, but we are trying to make cer-

tain that we protect the interests of Bermudians.

So when I hear Members more or less say

that, and I am just going to paraphrase it, Mr.

Speaker, that we are being disingenuous or we are

just being , , , I guess, Opposition being the Opposi-

tion, being adversarial just because we are the Oppo-

sition. I will put it that way. No. We are speaking up

against this because history has shown us what this

has already done to us as a people.

When you look at the voting base of largely

the Caucasian community and you still look at the

stats today, there are a greater number of Caucasian

status Bermudians than there are born Caucasian

Bermudians. So just even looking at that and given

that they vote almost 100 per cent one way, and it

does not matter what name—UBP, OBA or whatever

other name—they are very clear about where they put

. . . and that is their right, but they are very clear about

where they put their “X.”

Mr. Speaker, as I said before, when you look

in other countries all around the world, and you look at

the political enclaves that we have here in Bermuda,

that is not by chance, Mr. Speaker. You can see ex-

amples of that all over the world. You can go to South

Africa, you can go to other countries, you will see ex-

amples of the same thing that happened when you

had a situation where you had things being done ac-

cording to race and the power that be putting legisla-

tion in place that, whether they did it by design or not,

does not matter because the end result of that are the

political divisions and the political enclaves that to this

very day . . . my Honourable Member, Mr. Walton

Brown, who did do political science, he could probably

tell you more about that than I can. Right? I only did a

little smidgen of it, Mr. Speaker—

[Inaudible interjection]

Ms. Lovitta F. Foggo: Yes, I did take one of his

classes at Bermuda College. But I did my dissertation

in electoral reform, and I had to study, read countless

articles, books—like this thick—and I am like, oh, my

God, you know, there are a trillion books on political

science.

So, what we see happening here, we under-

stand that it is indeed happening. There is social en-

gineering taking place. And there are many books

that, if we want evidence to prove, where we can look

at what we are seeing with the legislation that is being

shaped and trying to be implemented, and compare

with documents that will show the same thing that

happened over and over again. It is clear.

And so, like my colleagues, I must stand up

and make certain that my voice goes down in history

on the right side. I am standing up for my Bermudian

people. So that it is clear that anyone who hears the

name Lovitta Foggo knows that she did everything

within her power, within the House and the regulations

Official Hansard Report 7 March 2016 1217

Bermuda House of Assembly

and rules that guide us here, that she could to try and

make certain that we engage in a process where at

the end of it we could have a document that is ac-

cepted across the divide in this House, and that we

feel assured is for the benefit of all people who live in

Bermuda.

This document, Mr. Speaker, does not do

that. And I have heard Members say that we have not

engaged in collaborative measures. We have, just as

someone else pointed out, we had a Joint Select

Committee for Education Reform and we had a Joint

Select Committee on Guns and Violent Crimes, trying

to come up with measures that Government could

implement that could help arrest the direction in which

crime was heading, and it was heading up, so that we

could put policies in place in a systemic way and in a

way that was not piecemeal.

So we, under the PLP Government, did en-

gage in collaborative efforts and we got something

done, Mr. Speaker. And the reports that we did were

excellent reports. And I would like to say that it has

informed some of the policies and programmes that

have been implemented within our Government today

because they have.

I would like to make a call to those who sit on

the other side to rethink their position. I am speaking

for the people because just because you do not see

them on the electronic media, because I could tell you

right now, Mr. Speaker, I am not one who would ever

engage in writing comments by some fictitious pen

name and just spew vitriolic comments out in the pub-

lic domain like that. But I can tell you this . . . and most

Bermudians are not like that, but that does not mean

[that] because people do not know who they are, peo-

ple have not heard them say anything, that that

means that they are in support of what is happening

here today. And I dare say, Mr. Speaker, because if

everybody that I have engaged bar none, there is not

one person who has come to me and said that they

are happy with this and that they are not concerned.

With that type of outcry from my people all I

can do is come here and implore them to have a re-

think. It is not going to hurt, it will probably help them,

you know, Mr. Speaker, if they did pause, have a re-

think, and engage in something that the people who

put them there are asking them to do. It might actually

get them more support.

So, Mr. Speaker, to Members on the other

side, please do the right thing, and it is the right thing

and say “yes” to a joint select committee to try and

come up with immigration reform that is comprehen-

sive and ensures and protects the rights of all people

on our shores.

Thank you, Mr. Speaker.

The Speaker: Thank you, Honourable Member.

Is there any other Honourable Member who

would care to speak?

The Chair will recognise the Honourable

Member from constituency 35, MP Dennis Lister.

Hon. Dennis P. Lister: Thank you, Mr. Speaker.

Mr. Speaker, it has been a long day and let

me just pause for a minute, Mr. Speaker, with your

indulgence and just remind folks how we got here,

particularly for the edification of our listening audi-

ence.

The Speaker: Not too much.

Hon. Dennis P. Lister: No, no, no, not too much, Mr.

Speaker. You know, Mr. Speaker, these days I try and

be brief anyway, so it will not be a long one, Mr.

Speaker.

The Speaker: Okay.

Hon. Dennis P. Lister: But the Honourable Member

from constituency 17, Mr. Brown, brought his motion

this morning, Mr. Speaker, and again, for the edifica-

tion of the listening audience, the motion that he

brought, Mr. Speaker, is one that in my long time here

in this Parliament, in this House, Mr. Speaker, is the

first time that I have actually seen us have this

achieved. And that it is not a motion where we have

been here all day, Mr. Speaker, discussing under the

normal motions that appear on our Orders.

As you know, the motion that is before us to-

day comes under the Orders that allow us, and if you

do not mind I will read it, the “Notice of Motions for the

Adjournment of the House on matters of Urgent Public

Importance.”

Mr. Speaker, which allows us the ability to

stop, to pause the normal business of the day to deal

with what is seen to be an important matter that seeks

the urgency that requires us to put off all other busi-

ness. And, Mr. Speaker, that only gets allowed to pro-

ceed because you, Mr. Speaker, as the Head of this

House, the one who controls the Orders of this House,

also values that matter as a matter of importance and

urgent enough that we stop the business of the day.

So, Mr. Speaker, I give you credit as well for

seeing the importance of this and the urgency of this

to the country, that has allowed us to be here all day

to bring this matter on behalf of the value that it has

for the Bermudian public and the people that we

serve, the people that elected us to these Honourable

Chambers.

Mr. Speaker, earlier in the morning when the

day proceeded, I sent an e-mail to a couple of my col-

leagues and basically the e-mail said to them that you

know, again, because of my long time here in this

House, this is really a great day for the PLP. But let us

not get lost in the moment. It could be a great day for

the country. It could be a great day for the country if

we can get the Government to join us in calling, in

supporting the Member’s call for a joint select commit-

1218 7 March 2016 Official Hansard Report

Bermuda House of Assembly

tee on the immigration reform. It could be a great day

for the country, Mr. Speaker, not just for the Opposi-

tion, but for the country.

Because, Mr. Speaker, we are here at this

point because the Government of the day, in their lead

up to the election that allowed them to become Gov-

ernment, took some clear positions in regard to things

they would do and would not do. Immigration was one

of those when it came to work permits.

Mr. Speaker, soon after they became Gov-

ernment what happened to that, their stance on work

permits? Complete reversal on their position, Mr.

Speaker. Then the time limits . . . the term limits, the

same thing, they were revoked, Mr. Speaker.

Mr. Speaker, and now we are here being

faced with the immigration issue that is before us now

and giving status to long-term residents. The issue

that the public is asking, Mr. Speaker, is what is next?

What is next? What is next? Because all these little

piecemeal approaches that have been taken, Mr.

Speaker, leave you always wondering what is up their

sleeve next that is going to kick the Bermudian public

in the backside? That is why Bermudians are upset,

Mr. Speaker, because they do not know where the

end is. They do not have a clue what is coming next.

Heck, Mr. Speaker, there has been an approach that

says let us have a consultation by bringing the input

from both sides on a joint-type committee that the

Member is calling for. And, clearly, Mr. Speaker, the

country could have an understanding of where we are

and what could come next or how far this really is go-

ing to go.

When the Member was on his feet this morn-

ing, Mr. Speaker, when Mr. Brown opened up the de-

bate this morning, I think he laid out about nine points

that could be put to the table in a consultative matter.

Well, Mr. Speaker, if we go to the table with that mat-

ter, Mr. Brown is bringing his nine points on behalf of

us, the Government will come to the table with their

points, it could be another nine, ten, six points, what-

ever, Mr. Speaker. But if we can sit across the table

and discuss those points maybe, Mr. Speaker, we

would be surprised at how on many of them we find

common ground. And we could stand on that common

ground and go collectively, Mr. Speaker, to the coun-

try and say, This is what reform of immigration will

look like for Bermuda. This way Bermudians can feel

protected as we go forward, Mr. Speaker, because

they know what is coming next and know the range as

far as where this could go.

Because of the approach that we have seen

by this Government [the people feel they are] con-

stantly being surprised, hoodwinked, almost, Mr.

Speaker, and waking up on a particular morning with-

out any pre-warning that this is now thrown on the

table. I think an earlier Member made reference to,

what was it? February 5

, the day after the last by-

election, a long campaign up there for that by-election,

no indication—no indication—and that would have

been the time, Mr. Speaker, for some indication while

they were campaigning on the doorstep. But no indi-

cation of it, Mr. Speaker, and then the day after having

been defeated at the by-election, we find the Minister

now rolling this out, out of the blue.

Mr. Speaker, part of why I am rising to speak

on this matter is that I feel like I have a mandate to

speak on it. And the mandate comes from the people,

Mr. Speaker, in that since this matter has been an-

nounced—since February 5

—no matter where I go,

not only in my constituency, not only in the Sandys

Parish, but up and down this country, Mr. Speaker, no

matter what setting it is, whether it is a casual, formal,

or just a stroll through the street into the grocery store,

no matter where I am , , , watching a football game,

no matter where, I am being constantly, constantly

approached with concerns being expressed to me by

Bermudians, Mr. Speaker, as to their concern about

this approach that the Government is taking to immi-

gration.

Mr. Speaker, what alarms me, though, is the

gravity of their concerns and the way their concern is

being expressed. It is like it is almost at the straw that

broke the camel’s back. The way it has been ex-

pressed, it is a boiling point, Mr. Speaker, that I have

never experienced before in my long years in this

House. And it concerns me because that sensitivity,

Mr. Speaker, is one that can easily get out of hand. It

can easily get out of hand if not taken control of in ap-

preciating and understanding the viewpoints that are

being expressed by the people of this country—our

voters, Mr. Speaker—those who voted us, no matter

where we sit in this House, we all were voted here by

our people, Bermudians. And those same Bermudians

are the people now, Mr. Speaker, who are reacting.

They are reacting in a way that says, Enough is

enough.

Mr. Speaker, I am not one who is being on

social media. But this weekend I was in company . . .

as a matter of fact, I had a full weekend of socialising

with different groups of people (so to speak), different

ages and ranges of people. One of those groups, Mr.

Speaker, was just some young people and they were

sharing with me the exchange of comments that were

going back and forth on this matter on the social me-

dia.

Mr. Speaker, quite frankly, I was shocked at

the tone of the language that was being expressed on

both sides—on both sides. All that says to me, Mr.

Speaker, is how serious this matter is being taken by

the community, how close we are to that boiling point.

And I do not think there is anyone in this House, in

this Chamber, any Member, Mr. Speaker, who wants

to see that boiling pot blow over—explode? I do not

think any of us want to see that.

That is why, Mr. Speaker, the Member

brought this today as an urgent matter to stop the

normal business of the House. I believe that is why

you, Mr. Speaker, allowed it, because you understand

Official Hansard Report 7 March 2016 1219

Bermuda House of Assembly

it. I am sure that as a Member of this House those

same concerns are being expressed to you as you

move up and down this community. So you are sens-

ing the pulse of the people right now as well, Mr.

Speaker.

So, I give an urgent call to our Members on

the other side of the House, that you cannot ignore

that, Mr. Speaker. You cannot ignore it. This calls for

a time for all of us, Mr. Speaker, to be true statesmen,

to rise to the occasion and to acknowledge where the

country is right now. I am calling on the Premier, un-

fortunately he is not in his seat, but I am sure he is

listening wherever he is, Mr. Speaker. I am calling on

the Premier tonight to be a true statesman, to show

that he can rise to that level, Mr. Speaker, and accept

that this is a time to pause, to step back and to accept

what is on the table before us here today, Mr.

Speaker.

This motion, Mr. Speaker, calls for us to

pause and take time to put together a joint select

committee to allow us to collectively look at what is

best for Bermuda in the long-term immigration of our

people and the impact that it is going to have on our

people, Mr. Speaker. The hollow arguments that we

hear today do not support them racing forward. And I

have to say “hollow,” because they have been hollow.

Mr. Speaker, a lot of the rhetoric that we hear is based

on the fact that we need to increase numbers. We

need to increase numbers so that Bermudians can be

fed, Bermudians will not starve, and Bermudians can

be clothed. That is almost verbatim of what one of the

Ministers, I think the Minister Pamplin-Gordon said

when she was on her feet.

But, Mr. Speaker, let us be clear. And I want

everybody here in and that can hear my voice to be

clear. This will not increase the resident population of

Bermuda—not one. Not one. Not one increase in the

resident population. What it simply does is increases

the Bermudian population—the voting population.

That is all it increases, Mr. Speaker. Not a single new

resident, it is just the voting population who is going to

be increased by this, Mr. Speaker.

So one pauses and says, What is the real in-

tent then? What is the real intent? What is the real

intent? We have heard the history, Mr. Speaker, of

their former party, of how they used immigration to

play with the voting numbers to favour them. Based

on that history, Mr. Speaker, based on their using the

hollow argument that this was going to increase resi-

dential numbers, and we know that is not true, then

one can only assume that once again we have seen

them fall back to their history to play with voting num-

bers, the voting numbers.

Mr. Speaker, again, the call is for the Gov-

ernment to appreciate the time of the clock that we

are at. It is time to pause, it is time to step back and

appreciate that both ends, Mr. Speaker, both sides of

the House are concerned about the issue and the

level of concern and intent that this is bringing in our

community.

Mr. Speaker, we have seen seniors, we have

had the Members on the other side talk about the

meetings that were disrupted, we have had them talk

about other forms of civil disobedience, as they have

termed it, taking place. Each of those, Mr. Speaker,

each of those occasions have been in great numbers

our seniors, senior people, Mr. Speaker, because they

can reflect on past years, they understand those

things. They understand that.

But, Mr. Speaker, what I have been saying to

people is that our seniors are going to react as they

have reacted, but there is a line that they will not

cross, but they are going to keep reacting. My con-

cern, Mr. Speaker, my concern is the youth of the

country because they too understand the time that we

are at, they understand clearly, and they may not be

as restrained in their reaction as our seniors. That is

the concern, Mr. Speaker, and each of us should be

concerned of that in this House.

Mr. Speaker, a lot of the young folk who we

may see as not having been able to take advantage of

opportunities, some of them understand clearly where

we are, but they also understand that some of that is

their own doing. They played around in school, did not

take advantage of the opportunities that were being

offered. But some of those same classmates that they

rubbed shoulders together with did take advantage.

They stayed focused in school, put their hard work

into achieving what they should have achieved and

have been given opportunities, Mr. Speaker, to go

overseas, get training, get college, university degrees,

masters degrees, et cetera. And what has happened?

They have come home and cannot get a job. They

cannot work.

Those same young men that we see on the

street who did not take advantage of the opportunity,

they were proud of their classmates. They were proud

to say, He was one of us, he got the opportunity, he

went off and was able to go off to school and get edu-

cated, get qualified. They were always proud of that

young man because they saw him as one of them. But

they also see his pain, Mr. Speaker. They feel his pain

now that he has been home, having sacrificed [and]

seeing the sacrifice of his family, the hardship that that

education cost on his family, Mr. Speaker. He has

been overseas, done what he had to do to get edu-

cated, to get his degrees. And he comes back home

and is denied in his own country—in his country.

Those young friends of his, Mr. Speaker, who were

proud of him are feeling that pain, they are sharing

that pain. Do you understand me?

Mr. Speaker, we do not want that to be the . . .

what is it?

[Inaudible interjection]

Hon. Dennis P. Lister: The straw!

1220 7 March 2016 Official Hansard Report

Bermuda House of Assembly

The straw that breaks that camel’s back.

Mr. Speaker, we are at a very, very sensitive

time and it is up to us in this Chamber to control the

next buttons that are pushed. We have control of

those buttons, Mr. Speaker, in the actions that we

take here. We can ignore it and pay the conse-

quences or we can push the right button and control it.

That is what is being asked for today, Mr. Speaker.

The control is in our hands. We can ignore it, laugh it

off as we see in here sometimes during the day, Mr.

Speaker, but laughing it off and taking it lightly will not

be the right choice that we have been elected here to

do. We have been elected here, Mr. Speaker, to al-

ways act in the best interests of our country, the best

interests of those who voted for us to be here.

The time is now, Mr. Speaker, that we pay

attention to where we are. Pay attention, Mr. Speaker,

to the writing that is on the wall that people are really

and truly concerned about this piecemeal approach

that the Government continues to take.

This is the time, Mr. Speaker, to pause, step

back and embrace, embrace the Honourable Mem-

ber’s call of this motion for a joint select committee.

Mr. Speaker, what the public should be mind-

ful of [is that with] a joint select committee, we are still

the Opposition, they are the Government, they will still

have the majority on that committee, so we still cannot

overrule them in that committee, Mr. Speaker. We are

still going to be the minority on that committee, Mr.

Speaker. They still have control of it, Mr. Speaker.

They are not giving up the control. They are just tak-

ing time to pause, step back, and let the country sim-

mer down a bit, Mr. Speaker, so we can move forward

in a manner that is best for this country.

Thank you, Mr. Speaker.

The Speaker: Thank you, Honourable Member.

The Chair will now recognise the Leader of

the Opposition from constituency 26, MP Marc Bean.

You have the floor.

Hon. Marc A. R. Bean: Good evening, Mr. Speaker.

The Speaker: Good evening.

Hon. Marc A. R. Bean: And good evening to Honour-

able Members, good evening to the listening public.

Mr. Speaker, first I would like to express on

behalf of the Loyal Opposition our profound gratitude

to you as the Speaker for your ruling today to allow

this motion for a joint select committee to proceed.

Certainly, Mr. Speaker, as a son of the soil, you I am

sure, recognised in making a ruling the gravity of the

situation, in spite of others minimising the situation. I

would like to thank you, Mr. Speaker, for allowing us

to take these extraordinary steps to ensure that we

can emerge from this with a semblance of stability.

Mr. Speaker, you heard it from my colleagues

all day. We, as a result of the policy actions of the

Government, find ourselves on the precipice of irre-

versible social and economic instability—right on the

edge, Mr. Speaker. We have warned, I will go as far

as to say that some of my colleagues have even

begged the Government to cease and desist on this

path. And it seems as if those [pleas] by people on my

side have fell on deaf ears, it seems as if the OBA,

their hearts have been hardened and they continue to

press on even though over the last three years we

have made it clear that this issue of granting of status

piecemeal, willy-nilly, is a red line that the Progressive

Labour Party deems so serious that it cannot be

crossed.

It appears, Mr. Speaker, that through the

Honourable Minister who sits in another place and

others who support him, they are convinced that the

path that they are on taking this country to that edge is

the right path.

Mr. Speaker, that is an absolute shame. You

know, I would give the One Bermuda Alliance some

credit with their attitude toward the people of this

country. I can see the way they are thinking and I

know what they are thinking, and Bermudians, if you

are listening to me, let me explain to you how the One

Bermuda Alliance Government is thinking towards you

in regards to this issue. The One Bermuda Alliance

Government considers Bermudians to be passive, Mr.

Speaker. The One Bermuda Alliance Government

because of that passiveness, they think that Bermudi-

ans and their kindness that is attached to that pas-

siveness is a sign of weakness. But history, Mr.

Speaker, shows that Bermudians are very reserved

until you press all the wrong buttons. It happened in

the 1970s; it happened in the 1960s, it has happened

time and time again.

This is not a funny or joking matter, Mr.

Speaker. But I can see why the One Bermuda Alli-

ance approaches it in that manner. Let me address

the people of this country; for once and for all, let us

consider this fact, as long as you march, as long as

you sit up on soapboxes, as long as you call into talk

shows, you will be playing to the position and strength

of the One Bermuda Alliance Government. I will go as

far as to say this: As long as we think that viable ac-

tion . . . and I am not diminishing this action, but as

long as we think that we can go down to East Broad-

way and block the road, if we think that that is going to

move the mindset of this Government, we are miscal-

culating.

In fact, Mr. Speaker, as a little aside, I got

caught up in that traffic that morning down on East

Broadway, like the rest of us from the West End. And I

understood the reason and it was a just reason for this

action. But I could not help but think whether or not it

would have been more effective if the people had

gone and camped out outside of Minister Michael

Fahy’s house on the main road, or camped outside of

that stretched arm by the flower shop in Devonshire

where the Premier lives, so they could be inconven-

Official Hansard Report 7 March 2016 1221

Bermuda House of Assembly

ienced instead of the ordinary citizen. Because while

we were being inconvenienced, I imagine that Minister

Fahy and the Premier had easy access to their offices

in Hamilton. In other words, after all the barking, they

recognise that without teeth you can bark as much as

you like.

I want the people of this country to wake up

and smell the coffee. Talks shows, marches, gather-

ing amongst one another, playing drums, that is all

good, fine and dandy. But when the rubber hits the

road, it is going to require people, men, and women to

grow up, be mature, be adults, have courage, fight for

what they know is their conviction, fight for the past

and future. Talk is not enough. As long as we talk,

people like the Honourable Minister of Economic De-

velopment will find time during the most important de-

bate that we have had in years in this country, to ridi-

cule and mock the people. To find time, Mr.

Speaker—

Dr. the Hon. E. Grant Gibbons: Point of order, Mr.

Speaker.

The Speaker: Yes, Honourable Minister.

POINT OF ORDER

[Misleading]

Dr. the Hon. E. Grant Gibbons: The Honourable

Member is clearly misleading the House. I did nothing

of the sort. There was no mocking, certainly from me,

about the people.

The Speaker: Okay, thank you.

Hon. Marc A. R. Bean: Thank you, Mr. Speaker.

Mr. Speaker, I actually wrote it down in a note.

Can the people recall . . . can those who listened to

the debate earlier today recall that Honourable Minis-

ter standing and speaking in the most childish of

manners—Kindergarten level—of discourse, Mr.

Speaker? And he attempted, as per normal, to sow

seeds of discord, to play that game of divide and rule,

trying to make it seem like there is division on this side

on this issue.

Let me make one point clear. Regardless of

what you might perceive is going on on this side, I

could put my hand over heart that there is not one

person representing the Progressive Labour Party

who has the mentality to marginalise Bermudians.

There is not one person, regardless of the issues we

face—

[Desk thumping]

Hon. Marc A. R. Bean: —[who is] studying how we

can put others, our neighbours and strangers, before

our own selves. Not one.

So I do not mind the childish ridicule by him

who covertly pulls strings of this current Government.

You have noticed, Mr. Speaker, that very few have

spoken to this issue from that side. Maybe they are

not all on the same page. Maybe, as usual, they have

very little of substance to offer. It remains to be seen.

But when the kingpin, the boss, the master

gets up and finds time to ridicule and seek to divide

and rule our people, the representatives of our people,

instead of addressing the substantive issue on the

table, it says it all, Mr. Speaker. They are morally

bankrupt, Mr. Speaker. Shall I repeat it? They are

morally bankrupt, Mr. Speaker.

Mr. Speaker, we have on this side, in my opin-

ion, an accurate measurement of the temperature of

this country today. And that measurement tells us that

the temperature is above 100 degrees. The tempera-

ture is now at fever levels. And so today, Mr. Speaker,

this attempt to bring a joint select committee repre-

sents the final, yet most genuine, attempt by us to be-

gin this process that sees all sides sit down and de-

velop a vision that is inclusive of all and beneficial to

all. This is our last attempt. We are exhausting all

avenues through Parliament, Mr. Speaker, to ensure

that somehow we can prick the conscience of at least

two, three or four Members of a silent backbench to

vote and join us, to put some water on this fire that

has been lit. History will record their decision. But this

is our final attempt.

And why? Because, Mr. Speaker, we left here

on Friday with no indication of what was coming to-

day. By the time I got home at three o’clock on Satur-

day morning, I had an opportunity to have a conversa-

tion with my Deputy Leader. And he said to me,

Leader, do you know that these crazy people just ta-

bled the Pathways to Status Bill? I said, You have got

to be joking. And so, subsequently, we got on the

phone to colleagues, and we discussed the need to

draft, to take this extraordinary step, to see under a

matter of urgent public importance, to bring a joint se-

lect committee to this House.

Mr. Speaker, let me say this. If this joint select

committee proposal is rejected, the One Bermuda Al-

liance would have burned the bridge that connects

them with the people of this country. You will burn it.

You are burning it now. And some actually thought

that this is some joke, that it is funny! But, Mr.

Speaker, have you noticed the extraordinary number

of police officers around the House of Assembly to-

day? I know that there is a Court of Appeal sitting. But

there is an extraordinary number. We saw Special

Branch, the Chief of Special Branch. We have got

constables up and down the place. I tell you what, Mr.

Speaker, I do not know who called them, but no one

on this side called them. So I wonder who called

them? Why such a large police presence?

Could it be that, in spite of all the theatre,

could it be that those on that side understand the real

1222 7 March 2016 Official Hansard Report

Bermuda House of Assembly

gravity of this situation? Could it be that they are

nervous? Because if anything happens in this House,

I promise you—I promise you, Mr. Speaker, it is none

of our business on this side. But yet, the police are all

up here! So that tells us that, in spite of what they say,

they understand the gravity of the situation.

Mr. Speaker, I listened to the petty (did I say

childish?), immature arguments by the Government,

which, to be honest, do not have any validity or merit.

My colleagues have made that clear. Citizenship is

not a right. That is correct. Status is not a right. Those

are all privileges. Population growth has no correlation

to economic growth, even though this has nothing to

do with population growth. In fact, again, the master

on that side got up and tried to tell people in Bermuda

to tell us today that in terms of trying to correlate

population to economic growth, he used the example

of, of all places, Japan. And he said that Japan is suf-

fering as a result of a decline in birth rate.

Mr. Speaker, again, that just shows the depth

of deception that Members are willing to speak to the

people of this country and Members in this House.

The Honourable Economic Minister will know that Ja-

pan has been suffering from 30 years of monetary

policies that have seen them operating now into nega-

tive interest rate territory. That has nothing to do with

population growth at all. But the Minister of so-called

Economic Development will refuse to point that out.

Instead, he will create the straw-man argument, this

false correlation. And this is from their best and

brightest!

Mr. Speaker, it just goes to show the depths

that the UBP . . . sorry, the OBA will seek to mislead

the people of this country. I hope the people listen to

Dr. Gibbons. Let me take this opportunity to remind

him, all right, that the world is still in recession, except

for those in the 1 per cent. But the rest of the world is

still in recession.

[Inaudible interjection]

Hon. Marc A. R. Bean: And they are saying, No, it’s

not, but again, if they are speaking from the perspec-

tive of the 1 per cent, I can understand why you would

say, No, it’s not. But for those of us who are trying to

find a loaf of bread and a container of non-dairy milk

(you know, almond milk), it is very much a recession-

ary environment. So I am saying that just to refute the

foolishness that has been emanating from their hand-

ful of speakers.

Mr. Speaker, how much time do I have left?

An Hon. Member: Fourteen minutes.

Hon. Marc A. R. Bean: Fourteen minutes.

The Speaker: Fourteen minutes.

Hon. Marc A. R. Bean: Thank you.

Mr. Speaker, for some reason, listening and

looking at the attitude of the One Bermuda Alliance,

they really consider this to be funny. They must really

feel that they are in some safe space. Because I

would not say confidence; the arrogance has been

oozing out of them. Clearly, they feel so safe that they

can freely mock Bermudians, mock them and talk

about Bermudians as if we are fourth-class citizens,

as if all Bermudians are dumb and stupid, and all

Bermudians are dependent on being the beneficiary of

their largess. “Paternalism” is what it is called, Mr.

Speaker.

But I will tell you what. I will tell you what. It is

no joking matter. It is no joking matter when you have

a government that is seeking to politically, culturally

and socially reengineer our society, all based on his-

torical racialist motivations. You can only fool so many

people for so long, Mr. Speaker. And I think not just

black people, but there are white Bermudians in this

country who are feeling the wrath of the One Bermuda

Alliance Government. Believe you me, Mr. Speaker.

And they think it is dangerous.

But you set the tone early, to your credit. You

gave the weight, the gravity to the situation, Mr.

Speaker, by the tone that you set. You showed that

this is not a joking matter. And we agree. And we will

go as far as to add that it is a potentially dangerous

and deadly matter. We will go that far, Mr. Speaker.

You see, we encourage the One Bermuda Alliance,

the backbenchers at least, to vote in favour of a joint

select committee. There must be at least one voice of

reason, one voice of the conscience of our people on

that side. There must be one! We are looking. We are

searching. We are waiting for someone to get up and

say, Wait a minute. Wait a minute. We are not going

in that direction. That is not the approach to take.

You know that there was a man who came up

here about four o’clock, a gentleman whom I just met.

But he came to seek me out. He is from the East End.

But he told me, Mr. Speaker, Opposition Leader, I

have just come. Nice to meet you. My family is cool. I

am comfortable. We are all right. I am not going to

work, but I just came from the West End, and I have

been Island-wide. And I have been so moved I had to

come up here and let you know that you have to do all

that you can to shift the thinking and mindset of this

Government. Because from what he had gathered on

the street, there are some gentlemen and women in

this country, you might think they are old, Mr.

Speaker. I am not old. They remember the clash of

1977. They remember 1981. They were there. Okay?

They were there.

And this gentleman said that he heard things

today that he has not heard since 1977. And it moved

him to come up here and appeal to us to do all that we

can to intervene in this destructive path that the Gov-

ernment has set upon.

But let me be frank, in closing. To vote this

joint select committee motion down today, we would

Official Hansard Report 7 March 2016 1223

Bermuda House of Assembly

have exhausted all of our parliamentary options. That

is it. There is nothing else. People of Bermuda, there

is nothing else that we, as your representatives, can

do if this joint select committee motion gets voted

down. Vote it down today, Members of the backbench

of the OBA, and I suspect you will have a minimum of

about 48 hours to withdraw the Bill.

Let me repeat that again, Mr. Speaker. If they

proceed to vote down this joint select committee, then

they will have at least 48 hours to withdraw their Bill.

That is not a threat, not a threat. This is what I suspect

is going to happen.

After that point, Mr. Speaker, the One Ber-

muda Alliance will have involuntarily submitted you to

the will of the people. And I suspect that many of you

still think that the people do not matter. Well, wait and

see.

In closing, let me sum up.

I have sat here and I have observed. I listened

to the foolish talk from Members opposite, who clearly

have no consideration of their own. It is a sign of self-

hatred, if you ask me. But nevertheless, this is what

usually happens in the real world. The real world con-

sists of about, what, 225 independent nations, about

16 Overseas Territories? Right—or 15, and then we

have Bermuda. Well, I am going to let you know what

happens in the other 225 nations in the world when

we have a government that puts themselves on this

path. This is what happens, Mr. Speaker.

You end up having three choices: One, the

people bend over and bow down like little passive

snails, like subjugated beings, and allow this Govern-

ment, in a very dictatorial way, to run roughshod over

the rights of Bermudians. That is one option. The

other option is that the people rise up and say, No!

We are not going any further. And they decide to take

drastic actions, to maybe even revisit what happened

in 1981, to bring a paralysis on this country, even if for

a short term, even if it requires short-term sacrifice!

But, Mr. Speaker, some would say that,

Leader of the Opposition, you are instigating civil un-

rest! No, I am not, Mr. Speaker. Let me make myself

abundantly clear. In the real world, what we are pro-

posing in this regard is the only democratic and

peaceful solution! And that is via the ballot box. If you

are so confident, if your confidence has turned into

arrogance, then roll the dice! Take it back to the ballot

box. And if perchance the people of this country de-

cide to re-elect you based on your new-found prom-

ises, then I will step away. We will step away. And you

can have your will and pleasure on our people. But

until you get that mandate, then you have bucked up

against the wrong group of people this time.

Mr. Speaker, we turn to the ballot box. This is

the message I am sending to the people of this coun-

try. No more marching! No more soap-boxing! It must

be clear that every time you continue that behaviour,

you are actually being a surrogate in the hands of the

One Bermuda Alliance. It is time for real men and real

women to have the courage to stand up for our rights!

That is the requirement. And, no, I am not calling for

civil unrest. What I am calling for is for this OBA Gov-

ernment to be driven out of government. That is what I

am calling for. I see it coming! And it is the ballot box

that restores stability, Mr. Speaker.

Do you know what the alternative is to the bal-

lot box, Mr. Speaker? Now, I am not assuming. I am a

student of world history. I am a student of political

economy. Do you know what happens when that last

remaining option of stability for a country, via the bal-

lot box, is rejected? All hell breaks loose, Mr. Speaker.

Now, I heard some people mocking earlier. When I

put it to you in that context, it is not a joke, is it? It is

not funny, is it? Soon you are going to realise that

Bermuda is smaller than you think. Soon they are go-

ing to realise that their little gated communities that

they can retire to and live in a different world, an alter-

native universe to our people—soon those artificial

barriers will be broken down.

No one is an hour away from the next person

in this country! No one. And you feel that we are up

here threatening you? We are not threatening you.

There are not enough police officers in this country to

secure you when the people get tired! There are not

enough for you to hide behind! And you really think it

is a joke? This country, the history of this country has

already proven—it has already proven that, yes, we

are passive until you make us tired. And when we get

tired—what happens next? What would happen next

would not be beneficial to anyone in this country, Mr.

Speaker. And that is why this is the ultimate and final

appeal to what little conscience exists on that side of

the House. To have an about-turn, do a 180, join us

with the majority seats on the committee in a joint se-

lect committee. And let us work through it.

But I will tell you what. I am hoping that the

people again hear my voice. We are at the cross-

roads, people. If these people who are supposed to

represent you, and they call themselves the One

Bermuda Alliance, choose to proceed with this Bill, I

say that they should have 48 hours to withdraw it.

Forty-eight hours. If they choose not to, then I will

humbly submit that we have done all that we can. And

our swords will now have to be turned into plough-

shares. And the One Bermuda Alliance will finally be

brought into the judgment of those who sent them in

this Honourable Chamber, Mr. Speaker. They choose

at their peril.

The Speaker: Thank you, Leader of the Opposition.

The Chair will now recognise the Honourable

Member, Walton Brown, and once the Honourable

Member speaks, then the Honourable Premier will

have an opportunity to close the debate. And then we

will have the vote.

Mr. Walton Brown: Thank you, Mr. Speaker. Once

again, I want to just thank the Speaker for allowing

1224 7 March 2016 Official Hansard Report

Bermuda House of Assembly

this matter to be debated as a matter of great public

importance and urgency.

It has been, as expected, about an eight- or

nine-hour debate. What is disappointing, Mr. Speaker,

is that the backbench from the Government did not

speak on this matter. It is a matter that transcends the

entire community. It is a matter that clearly anyone

has their comment on. And as Members of the Legis-

lature, they had a responsibility to speak. Every Mem-

ber on this side spoke, save for one, who for various

reasons was not allowed to be present to speak. But,

Mr. Speaker, we have all spoken on this matter. And

everyone has a responsibility to do so.

Let me just wrap up on a few points, Mr.

Speaker, to reiterate. This is a call, a sincere and ur-

gent call for a bipartisan approach that the Govern-

ment will control, first of all. You will control this com-

mittee. You can set the agenda. You write the report.

But we have an opportunity to address a multitude of

issues. Secondly, Mr. Speaker, the Government does

not have a mandate for the legislation they intend to

table. We can all appreciate that issues arrive during a

government’s tenure in office. This was expressly—

expressly, Mr. Speaker—expressly denied that they

would do in the 2012 election campaign. This was an

issue in 2012 and before. The Government said they

would not do so. As a result, if you wish to bring it in a

sincere effort, submit to a committee that you get to

control.

Mr. Speaker, there has been nothing demon-

strated here tonight that suggests any kind of urgency

to having this matter tabled and debated and passed

within two or three days. Where is the urgency? There

is none. There has not been a single argument ad-

vanced for any kind of urgency. It seems that this en-

tire legislative mission has been directly determined

by two Members of Government, the Honourable At-

torney General, who is not in his seat, and the Hon-

ourable Minister responsible for Immigration. That

cannot be a sufficient rationale for moving forward,

Mr. Speaker.

I heard a lot of comments about my responsi-

bility in getting people to be up in arms. Mr. Speaker,

people were up in arms the minute this matter was

raised. I reflected the concerns of many in the com-

munity. Do you think I could call out 1,000 people be-

fore Parliament? My name is neither Che Guevara nor

is it Ho Chi Minh, Mr. Speaker. I do not command a

battalion. I do not command a group of revolutionar-

ies.

These are the people who were speaking, Mr.

Speaker! And what we have seen demonstrated here

today on the Government’s side is contempt for the

people. Because there has been an effort, a sustained

effort to minimise the outrage in this community, the

deep concern of this community, the call in this com-

munity for a collaborative approach by reducing it to

the actions of one person. That shows contempt for

the people. And then you wonder why we on this side

say the Government does not care about the people.

It was an effort to try to deflect what the real issues

are.

Mr. Speaker, the issues are complex. I lis-

tened to the Honourable Attorney General say, Well,

how could I, for example, on the one hand call for the

protection of employment rights for nannies, who are

serially abused in this country, and at the same time

call for the rights of Bermudians to be protected? The

world is complex. The world is not a black-and-white

world, in a figurative sense, at least, Mr. Speaker. It is

complex. And so, yes, I can support and defend the

rights of domestic workers who are abused. I can

support and protect the rights of workers to come first

in their own country. I can support a collaborative ap-

proach to immigration reform that requires a give and

take.

Everyone knows that collaboration means you

move away from extremist positions. What the Gov-

ernment is proposing is an extremist position. What

we are saying is, let us all step back. The Government

thinks there are threats of unrest. Mr. Speaker, there

is widespread discontent. There are groups organising

meetings as we speak, contemplating how they may

react based on how developments unfold tonight! You

recognised the urgency. You recognised the impor-

tance. That is why we are here. I gave a list of eight or

nine items that will be part of a comprehensive reform

approach. I do not know how anyone can say that we

have not identified what the issues are that are out

there that need to be assessed: the criteria for Ber-

muda status, the numbers for Bermuda status, the

criteria for PRCs, work permit policy, the issues of

divided families and their political status. There is a

litany of issues that have been identified tonight.

The Government knows that for three years

we have called for collaboration, for three years for an

approach to get this right. We have demonstrated

over a three-year period that we will support every

single piece of Government legislation that we believe

is in the country’s best interest. I think it worked out to

about . . . we did a calculation. What was it, 80 or

90 per cent? At least 80 per cent of all legislation, we

have supported. And so, to hear Members on that

side say our sole purpose is to demean, diminish or

try to weaken the Government is just wrong on the

facts. It is just wrong on the facts.

And so, Mr. Speaker, as I am about to take

my seat, I am making, on behalf of everyone on this

side, a sincere call for collaboration. With your per-

mission, Mr. Speaker, I would like to read a comment

made by someone who made a presentation before

the Royal Commission report into the—the Pitt Com-

mission in 1978, looking into the 1977 disturbances.

Lord Pitt believed that this comment was sufficiently

profound that he put the actual quote in this report. So

I am going to read from this report. And for those who

want to make reference, it is on page 10. And this is

what the individual says before the commissioners:

Official Hansard Report 7 March 2016 1225

Bermuda House of Assembly

“What happened in December was people’s natural

reaction”—December, of course, referring to the riots.

“They had spoken in some instances until they were

blue in the face. And they were not heard. And so, the

only avenue for them to take was to loot and to burn

and to riot.”

People will feel that. But let me finish off my

comment. We must raise our consciousness so that

we can rise above this and bring about peaceful

change. There is a plea to step back from brinkman-

ship politics. There is a plea to look at the wider inter-

ests and the petulant position by, Well, we’re the

Government, and we’re going to rule . . . What is it?

You have your say and we will have our way. That is

childish, that is juvenile. This Government was elected

on a platform which said, We can do better. We will

embrace the spirit of collaboration. We will work with

the Opposition. I recall this Government as a party

seeking power, saying, We will even appoint a Minis-

ter from this side. Well, if you were going to appoint a

Minister from this side to be in your Cabinet, why on

earth would you not support a collaborative commit-

tee?

So, Mr. Speaker, as I take my seat, I look for-

ward to the Honourable Premier’s comments on this. I

look forward to a way forward that minimises the obvi-

ous and clear division that exists within this country. I

look forward to his statement that will perhaps reduce

some of the tension, the anxiety and the mistrust that

exists, and that we can find a way forward that is in

the best interests of everyone in this country. Thank

you, Mr. Speaker.

[Desk thumping]

The Speaker: Thank you, Honourable Member.

The Chair will now recognise the Honourable

Premier for the closing of the debate.

Hon. Michael H. Dunkley: Thank you, Mr. Speaker.

Mr. Speaker, the way we move forward is for

us, all 36 of us, as leaders in this Honourable Cham-

ber, to help minimise the anxiety, the angst and the

mistrust that that Honourable Member talked about

just before he took his seat. However, Mr. Speaker, as

I have listened to this debate from its start before

lunch this morning, I have listened and been sub-

jected to various levels of inflammation. At times, Mr.

Speaker, it was hard to stay calm and cool and listen

to what was being said.

Mr. Speaker, in case some of those had not

been paying attention, just let me reflect on some of

the comments that Honourable Members have said.

The Honourable Opposition Leader said, “This is a . . .

dangerous and deadly matter,” Mr. Speaker. Danger-

ous and deadly matter. The Honourable Opposition

Leader said that the Members on the other side sink

to all depth of deception, that the Members on the

other side are morally bankrupt and they are crazy

people.

Mr. Speaker, these are not my words. These

are—

Hon. Marc A. R. Bean: Point of order.

The Speaker: Yes, Honourable Member.

Premier.

POINT OF ORDER

[Misleading]

Hon. Marc A. R. Bean: The Premier is misleading the

House. I never called anyone crazy people. Thank

you.

The Speaker: Honourable Premier.

Hon. Michael H. Dunkley: Mr. Speaker, the Hansard

will not lie. And the Opposition Leader gets so in-

flamed with his own passion when trying to convince

people, he cannot remember what he said. I wrote

those words down after I listened, Mr. Speaker. I

wrote those words down.

Members on that other side talk about the

presence of police in these Honourable Chambers.

Now, come on, Mr. Speaker. Mr. Speaker, former

premiers had bodyguards with them 24/7. I do not

hear them talking about that now.

[Inaudible interjections and laughter]

Hon. Michael H. Dunkley: Mr. Speaker, the verbiage

continued on—

The Speaker: Just a minute, Premier.

I have got to remind people who sit in the au-

dience, in the visitors’ Gallery, that you sit there; you

watch what is happening, and that is all you do. You

do not comment. You do not make any kind of re-

sponse to anything that is going on, on this floor. Oth-

erwise, you will be asked to leave.

Hon. Michael H. Dunkley: Thank you, Mr. Speaker.

At times, it was hard to sit and make notes

and listen. But I heard comments from Members op-

posite, OBA with the attitude towards people of this

country. The Deputy Leader of the Opposition said,

arrogance in the whole group. And they really do not

care. The Minister doesn’t care about Bermudians.

Mr. Speaker, it is one thing to build an argu-

ment to develop your case and convince people that

what you are trying to achieve is the best way forward.

But it shows a glaring lack of leadership when Hon-

ourable Members can just resort to raising tensions

and making personal derogatory attacks.

And so, Mr. Speaker, I will stay away. I will

stay away from that divide-and-conquer strategy. And

1226 7 March 2016 Official Hansard Report

Bermuda House of Assembly

why, Mr. Speaker? Because, one, it is unparliamen-

tary. Two, it does not get us anywhere, because in the

long run, we all pay for that type of strategy. And

three, Mr. Speaker, most importantly, we were elected

to govern. We were elected to lead. We were elected

to restore Bermuda. We were elected to restore the

ability of all people to provide for themselves, to pro-

vide for their families.

And if the Opposition Leader is falling asleep,

he can go in the back and take a break. I have no

problem with that, Mr. Speaker. But I am not going to

be put off by childish behaviour.

Mr. Speaker, when we became the Govern-

ment in December of 2012, the challenges that we

faced were immense. In fact, many in the community

did not realise the deep significance of those chal-

lenges. In fact, many in the former Government, and

now in the Opposition, did not realise the depth of

those challenges. I think today, many people in the

community have realised just how significant they

were, from the crisis in our community with jobs being

lost, confidence gone, debt rising at alarming levels.

Government was losing $330 million a year. It was a

downward, very slippery slope.

Mr. E. David Burt: Point of order, Mr. Speaker.

The Speaker: Yes, MP Burt.

POINT OF ORDER

Mr. E. David Burt: Thank you very much, Mr.

Speaker.

Mr. Speaker, the Honourable Minister did not

inherit a $330 million deficit. He inherited a $242 mil-

lion deficit.

The Speaker: Mr. Premier.

Hon. Michael H. Dunkley: Mr. Speaker, that is not

correct from the Shadow Finance Minister, who was

the Junior Minister. He would want to erase that

memory bank on those numbers. But I am not going

to allow him to do that.

Mr. Speaker, against that backdrop, every

single decision that we had to make had tough, very

tough consequences on both sides of the equation.

That is not an excuse; that is a reality. And so, for

three-plus years, we have governed with that stark

reality. And we started to make progress. We have

started to lay that foundation for success, and pro-

gress is happening.

But we clearly understand, Mr. Speaker, there

is a long way to go. We clearly understand, Mr.

Speaker, that there are many of our fellow Bermudi-

ans who are still struggling. And the struggle is extra

deep and significant because of the length of time that

they have had to deal with their challenges. And so,

as the Premier of this country and with the full support

of my colleagues, we all put our heads on our pillows

at night with very heavy hearts, because we work

nonstop to try to make that progress, Mr. Speaker.

And if Honourable Members do not like what I

am saying, they can leave and go to another room.

But I listened intently for the whole time. I never once

said anything to them. Because I respect the freedom

of speech and the ability to come to this Honourable

Chamber and say what is on your mind.

Now, Mr. Speaker, I get very, very upset when

I hear any Member on either side of the House say

that they have the interest of people at heart and

someone else does not. That is clearly something that

is untruthful. That clearly is an attempt to divide and

conquer. And I think it is inappropriate to continue to

do things like that. We have heard the debate go on

today about this immigration matter. We all know that

immigration is always one of the hot emotional issues

in any community. We have seen it in the United

States. We are seeing it now in Europe. And certainly,

it is no different here.

But I have to ask, Mr. Speaker, I have to ask

Honourable Members, who are we? Who are we to

stand and throw bricks at our brothers and sisters

when the Opposition Leader is married to a lovely lady

from the Bahamas? The Opposition Leader . . . his

family went away to have a child born overseas. My

wife, Mr. Speaker, is from the United States.

Hon. Marc A. R. Bean: Mr. Speaker, point of order.

The Speaker: Yes, yes.

POINT OF ORDER

Hon. Marc A. R. Bean: He is bowling well down the

leg side. Mr. Speaker. You are maintaining good order

for hours and hours. I suggest that you—

The Speaker: Right. Absolutely. I am going to con-

tinue to do so.

Hon. Marc A. R. Bean: Please do, Mr. Speaker. So,

can the Premier get back on the off stump and keep

my family out of it?

The Speaker: Thank you, Honourable Member.

Thank you, Honourable Member.

Hon. Marc A. R. Bean: Thank you. You do not go

there. Trust me.

The Speaker: Thank you. Just a minute, Premier.

Just a minute, Premier.

Members, I made some statements earlier. I

am not making jokes. I am not making jokes.

Hon. Michael H. Dunkley: Mr. Speaker, here is a

man who does not want the truth told, but he stood up

Official Hansard Report 7 March 2016 1227

Bermuda House of Assembly

a few minutes ago and said, Why doesn’t everybody

camp outside a Minister’s house? Why doesn’t every-

body camp outside my house, Mr. Speaker? Oh, so,

when it gets close to the Opposition Leader, he wants

to stand up and be a man? No, Mr. Speaker. If the

shoe fits, you are going to have to wear it.

My point is not to pick out any Members on

that side. I am married to a beautiful lady from the

States. She has been here for 35 years. Anybody can

tell me that I do not have deep roots in Bermuda, but

connections to the rest of the world—just like the Op-

position Leader, just like the Deputy Leader of the

Opposition, just like the Member from constituency 24,

just like the former Premier who was born overseas,

just like Honourable Members who were born over-

seas. Mr. Speaker, who are we to say that Bermuda is

an Island with no connections to the rest of the world?

Immigration is a very complex matter. And if

you want to throw stones, those stones are going to

break the windows in your own house, Mr. Speaker.

Who are we to say that because the Government

brings this policy, that the Government is wrong and

let us call for anarchy? Because that is what the Hon-

ourable Members on that side are calling for, Mr.

Speaker!

Mr. Speaker, when the Minister of Govern-

ment, with the Junior Minister and the Attorney Gen-

eral, had a public meeting for open dialogue and dis-

cussion back and forth, before they could get 30 sec-

onds into it, it was shut down by people who did not

want to listen! So, Mr. Speaker, it brings me back to

the point where the comments from the Honourable

Opposition Leader on the other said in 2014 at the

end of the year, There will be no collaboration with

this Government! Now, Mr. Speaker, I do not want a

retraction. I do not want him to try to spin it, because I

take people at their word. I take people at their word,

because words mean something. Not only do they

mean something, Mr. Speaker, they cut deep.

Now, Mr. Speaker, this Government tried to

start that dialogue a long time ago. We tried to con-

tinue on. But what we found with this Opposition, they

can talk a good picture over here. But when it suits

them, they will come right back and swing, and divide

and conquer. And, Mr. Speaker, it is unacceptable. It

is totally unacceptable with the approach that they

have taken.

Mr. Speaker, I go back to a speech that I

heard Labour Day, two Labour Days ago, by a former

Premier, who I believe still calls a lot of shots in the

Opposition benches—or maybe not now because he

and the Opposition Leader have fallen out. But that

Premier said at that speech . . . he instructed Mem-

bers at that banquet to launch a sustained programme

of disinformation and criticism to remove the Govern-

ment, Mr. Speaker. And I heard no retraction from

that. I have not heard any backpedalling from that.

And do you know what is interesting about

that, Mr. Speaker? That is the same former Premier

who, behind closed doors and in the secret of night,

conspired with a Member who sat in another place as

the Minister responsible for Immigration, and contrived

to bring in four Uighurs to Bermuda. And, Mr.

Speaker, what is interesting about it, while those Hon-

ourable Members on that side now try to say that our

team is not united to serving Bermuda and moving

Bermuda forward, those Honourable Members, as far

as I know and has been reported, there were only two

of them, the former Premier and the spokesperson for

Immigration who sat in another place as the Minister

at that time, knew about what was happening. And in

the darkness of night, the plane landed in Bermuda

and those Uighurs got off.

And, Mr. Speaker, the same people now, a lot

of them sitting on that side, are so vehement about

immigration reform. But seven or eight years ago, they

lost their fortitude. They lost their nerve. And the Dep-

uty Premier at that time said she was not aware of it,

and she felt that she was cut out of the loop. I will not

use her exact words, because they are unparliamen-

tary.

But now, but now, Mr. Speaker, all of a sud-

den they found the strength to try to stand up for the

people of Bermuda. And my honourable colleagues,

who have done a good job in this debate today, have

said that those four have now multiplied to sixteen.

And I hear the Honourable Member who started this

motion today talk about, they were refugees. They

were not refugees. They were prisoners.

They were prisoners, Mr. Speaker.

And so, as we sit here, early March 2016,

when this country has been down to the depths and

started to come out of those depths, and this Gov-

ernment is working day and night to turn things

around, Members want to try to come in and divide

and conquer our community. It is unacceptable, Mr.

Speaker.

This Government realises the significant chal-

lenges that we face and the significant amount of con-

cern in the community. Because, Mr. Speaker, unlike

many Members on that side and many former pre-

miers, I am easily accessible. I do not hide from any-

one. You can get me on any type of social media. You

could speak to me at any time, Mr. Speaker. And

people feel free and comfortable to reach out to me.

And I take all phone calls.

So, while Opposition Members talk about

what they have heard on this debate, I have not been

living in a dark closet over the weekend. I was an-

swering my phone. I was talking to people. I was out

and about. And yes, there are people who are con-

cerned about this. I went to the gas station early on

Saturday morning. A young man stopped me. We had

a conversation about this. And I explained what we

were trying to do. And then before I could even get in

my car, somebody else said, Premier, you guys are

on the right path. Do it. We understand there’s nothing

1228 7 March 2016 Official Hansard Report

Bermuda House of Assembly

easy about what you’re doing. And it went on all

weekend.

And so I understand, Mr. Speaker, no matter

which side of the debate you want to be on, you can

launch a compelling argument. But the fact of the mat-

ter is, Mr. Speaker, we believe in all of Bermuda. We

believe in the approach that we are taking. And we will

not stop listening to the people. Mr. Speaker, we will

not stop listening to the people even if the Opposition

wants to threaten, threaten action at all times, Mr.

Speaker, put 48-hour time limits on and stuff like that.

I think the people of Bermuda, although some of them

might be very frustrated, they understand the im-

mense challenges that we have and how we have to

work through them together.

Mr. Speaker, President Kennedy. In the early

1960s we know the immense challenges that Presi-

dent Kennedy had. He made this comment that I

found to be quite interesting in a long speech that he

gave. He said, Mr. Speaker (and I quote): “We cannot

negotiate with people who say what's mine is mine

and what's yours is negotiable.”

And so I found it quite surprising when the

Honourable Member who led off this motion earlier

today refer to President Obama, who will go down as

one of the greatest presidents in the history of the

United States. Why, Mr. Speaker? Because he too

faced tremendous challenges when he entered office

in his first term. And as a legislator who had relatively

little experience compared to many people—he had

just served, I believe, one term as a Senator to that

point—he went into office with the air to be open and

collaborate as much as he could.

But what happened, Mr. Speaker? Not so

quickly, but over time the GOP [Grand Old Party, the

Republican Party] did not want to cooperate. Every

time he tried to bring something to the Hill, it was sent

back. And what did President Obama have to do? He

had to make executive decisions, Mr. Speaker. And

now, so much so that the GOP, as they try to fight to

get the candidate for the next election, are saying that

He’s the president who has been the least coopera-

tive, Mr. Speaker! So I raise that to say, Mr. Speaker,

no matter where you are in politics, there will be two

sides of the fence on collaboration and lack of collabo-

ration.

Now, Mr. Speaker, turning to the motion, the

first line reads (if you will allow me to read it):

“WHEREAS the public welfare is now challenged . . .”

Well, Mr. Speaker, I agree. I agree. But I would like to

think that the Honourable Member would say,

Whereas the public welfare has been challenged for

years, Mr. Speaker, because the public welfare is

“now” challenged?

No. This public welfare was being challenged

back in 2010 and 2011. And that Government, the

Opposition Members, did not see it at that time.

Hence, the 2 per cent increase in payroll tax when

there was a flight of talent and job-makers who left

this Island pretty much overnight, Mr. Speaker. And

the Finance Minister and the Deputy Premier have

talked about that significantly and said it again today.

And so, the Motion starts off on a very patchy

wicket, Mr. Speaker, The public welfare is now chal-

lenged. The public welfare continues to be chal-

lenged.

It goes on to say, “by proposed amendments

to immigration law and the likelihood for growing and

sustained unrest increases daily . . .”

Now, Mr. Speaker, I can recall early on in the

tenure of the former Government, I believe Dame

Jennifer was the Premier at that time, and there was a

march on this House. And Dame Jennifer was met at

the top of the steps by, I would say, thousands of

people of all walks of life, complaining about some of

the situations that were going on in Bermuda. And it

was a peaceful protest. The message got across.

Mr. Speaker, I do not remember the Opposi-

tion in those days calling for unrest or trying to incite

things. But, my, how time moves on. And I think it is

indeed unfortunate that, while we have deep chal-

lenges in our community, the Opposition will say that,

If this motion does not go through, then it is not our

fault what happens from here. Well, Mr. Speaker, this

Government will continue to listen. We will continue to

work for all the people of Bermuda. But we will not be

pushed, bullied or threatened by an Opposition that

has a hard time in keeping its message straight.

So, Mr. Speaker, I would ask that you now put

this motion, and all honourable colleagues will vote on

it.

Thank you, sir.

The Speaker: Thank you. Thank you, Honourable

Premier.

Honourable Members, that concludes the de-

bate on the motion by MP Walton Brown, MP Brown’s

Motion saying that, BE IT RESOLVED that, pursuant

to Part IV of the Parliament Act 1957, a Parliamentary

Joint Select Committee be appointed: 1. to examine

the wide range of issues involved in comprehensive

immigration reform; to propose for the consideration

. . .

[Inaudible interjections]

The Speaker: Just a minute! Just a minute! The

Speaker is speaking!

[Pause]

The Speaker: Now I will start again.

“BE IT RESOLVED that, pursuant to Part IV of

the Parliament Act 1957, a Parliamentary Joint Select

Committee be appointed:

“1. to examine the wide range of issues in-

volved in comprehensive immigration reform;

Official Hansard Report 7 March 2016 1229

Bermuda House of Assembly

“2. to propose for the consideration of Parlia-

ment a set of comprehensive immigration reform

measures; and

“3. to submit its report within six months;

BE IT FURTHER RESOLVED that this report

be consulted by Members of the Legislature prior to

any Bill being tabled dealing with the subject matter.”

I am going to put the motion to the Honour-

able Members.

Those for the motion, say Aye.

AYES.

The Speaker: Those against the motion, say No.

NOES.

The Speaker: And we will have names.

[Pause for ringing of bell]

The Clerk: Okay, Members. We are now going to

vote on the Motion on the Matter of Urgent Public Im-

portance, as has been proposed earlier today by the

Member, Mr. C. W. Brown.

I will begin calling names.

DIVISION

[Parliamentary Joint Select Committee to examine

wide range of issues involved in comprehensive im-

migration reform]

Ayes: 14 Nays: 18

Hon. Marc A. R. Bean Hon. Jeanne J. Atherden

Mr. Walton Brown Mr. Kenneth Bascome

Mr. E. David Burt Hon. L. Craig Cannonier

Hon. Zane J. S. De Silva Hon. Shawn G. Crockwell

Ms. Lovitta Foggo Hon. Michael H. Dunkley

Hon. Wayne L. Furbert Dr. the Hon. E. G. Gibbons

Hon. Dennis P. Lister Hon. P. J. Gordon-Pamplin

Mr. Diallo V. S. Rabain Mrs. Susan E. Jackson

Mr. Walter H. Roban Hon. Trevor G. Moniz

Hon. Michael J. Scott Ms. Nandi Outerbridge

Mr. W. Lawrence Scott Mr. Mark J. Pettingill

Mr. Jamahl S. Simmons Hon. E. T. (Bob) Richards

Mr. Michael A. Weeks Mr. Sylvan D. Richards, Jr.

Ms. Kim N. Wilson Mrs. S. Roberts-Holshouser

Mr. R. Wayne Scott

Mr. N. H. Cole Simons

Mr. Glen Smith

Mr. Jeff Sousa

Absent: 3

Hon. Derrick V. Burgess

Mr. Rolfe Commissiong

Ms. Leah K. Scott

The Speaker: Thank you, Honourable Members.

The Ayes have 14, and the Noes have 18,

which means that the motion was defeated.

[Motion calling for a Parliamentary Joint Select Com-

mittee to examine wide range of issues involved in

comprehensive immigration reform was defeated by a

majority on division.]

The Speaker: Members, since you have completed,

disposed of that matter, I will now continue the Orders

of the Day. And we will first . . .

[Pause]

INTRODUCTION OF BILLS

GOVERNMENT BILLS

The Speaker: The Chair will recognise the Honour-

able Minister of Finance. Minister E. T. Richards, you

have the floor.

FIRST READINGS

CUSTOMS TARIFF AMENDMENT ACT 2016

Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker.

Mr. Speaker, I am introducing the following

Bills, which according to section 36(3) of the Bermuda

Constitution, requires the Governor’s recommenda-

tion, so that they may be placed on the Order Paper

for the next day of meeting: Customs Tariff Amend-

ment Act 2016.

The Speaker: Thank you, Minister.

The Chair will recognise the Junior Minister,

S. D. Richards.

BERMUDA IMMIGRATION AND PROTECTION

AMENDMENT ACT 2016

Mr. Sylvan D. Richards, Jr.: Thank you, Mr.

Speaker.

I am introducing the following Bill for its first

reading so that it may be placed on the Order Paper

for the next day of meeting: Bermuda Immigration and

Protection Amendment Act 2016.

The Speaker: Thank you, Minister.

The Chair will recognise now the Honourable

Minister of Public Works, Minister Cannonier.

MORGAN’S POINT RESORT AMENDMENT ACT

2016

Hon. L. Craig Cannonier: Thank you, Mr. Speaker.

I am introducing the following Bill for its first

reading so that it may be placed on the Order Paper

for the next day of Meeting: Morgan’s Point Resort

Amendment Act 2016.

1230 7 March 2016 Official Hansard Report

Bermuda House of Assembly

The Speaker: Thank you, Minister.

The Chair will recognise the Honourable At-

torney General.

Hon. Trevor G. Moniz: Thank you. Thank you, Mr.

Speaker.

I have two, although there is only one on the

Order Paper there.

The Speaker: Yes.

PROCEEDS OF CRIME AMENDMENT ACT 2016

Hon. Trevor G. Moniz: The first is, I am introducing

the following Bill for its first reading so that it may be

placed on the Order Paper for the next day of meet-

ing: Proceeds of Crime Amendment Act 2016.

The Speaker: Yes.

POLICE AND CRIMINAL EVIDENCE AMENDMENT

ACT 2016

Hon. Trevor G. Moniz: And the second one, I am

introducing the following Bill for its first reading so that

it may be placed on the Order Paper for the next day

of meeting: Police and Criminal Evidence Amendment

Act 2016.

Thank you, Mr. Speaker.

The Speaker: Thank you, Attorney General.

The Chair will now recognise the Minister for

Community, Culture and Sport, Minister Patricia

Gordon-Pamplin.

HUMAN RIGHTS AMENDMENT (NO. 2) ACT 2016

Hon. Patricia J. Gordon-Pamplin: Thank you, Mr.

Speaker.

Mr. Speaker, I am introducing the following

Bill for its first reading so that it may be placed on the

Order Paper for the next day of meeting: Human

Rights Amendment (No. 2) Act 2016.

The Speaker: Thank you, Minister.

OPPOSITION BILLS

The Speaker: There are none.

PRIVATE MEMBERS’ BILLS

The Speaker: There are none.

NOTICES OF MOTIONS

The Speaker: There are none.

ORDERS OF THE DAY

The Speaker: The Chair will recognise the Minister of

Finance, Minister Bob Richards.

Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker.

Mr. Speaker, I move that the House do now

resume in Committee of Supply to consider the esti-

mates for 2016/17 Fiscal Year.

The Speaker: Thank you, Minister.

Ms. Susan Jackson, MP Jackson, would you

come [and take the Chair of Committee].

[Pause]

House in Committee at 9:07 pm

[Mrs. Susan E. Jackson, Chairman]

COMMITTEE OF SUPPLY

ESTIMATES OF REVENUE AND EXPENDITURE

FOR THE YEAR 2016/17

The Chairman: Honourable Members, we are now in

Committee of Supply for further consideration of the

Estimates of Revenue and Expenditure for the year

2016/17.

[Pause]

The Chairman: [We will consider] Heads 32 and 60. I

call on the Minister in charge to proceed.

Minister, you have the floor.

Mr. Sylvan D. Richards, Jr.: Thank you, Madam

Chairman.

Madam Chairman, I am moving Head 32, the

Department of Planning, found on pages B-313 to B-

317, and pages C-14 and C-20 of the Approved Esti-

mates of Revenue and Expenditure for the Year

2016/17.

The Chairman: Junior Minister, can you just name

the two heads?

Mr. Sylvan D. Richards, Jr.: Okay. Head 32 and

Head 60.

The Chairman: And name them?

Mr. Sylvan D. Richards, Jr.: Head 32, Department of

Planning; Head 60, Department of Workforce Devel-

opment.

The Chairman: Thank you.

Official Hansard Report 7 March 2016 1231

Bermuda House of Assembly

HEAD 32—DEPARTMENT OF PLANNING

Mr. Sylvan D. Richards, Jr.: Madam Chairman, I am

pleased to present the budget for Head 32, the De-

partment of Planning, found on pages B-313 through

B-317, and pages C-14 and C-20 of the Estimates of

Revenue and Expenditure, the Budget Book.

Madam Chairman, the Department of Plan-

ning strives to responsibly serve the people of Ber-

muda by ensuring the sustainable management of the

Island’s natural and built environment. The depart-

ment includes in its objectives planning for and man-

aging the development of land to ensure its optimal

use; conserving important flora and fauna, woodlands,

agricultural land and nature reserves; determining ap-

plications in an efficient manner with transparency and

consistency, and also within reasonable time frames;

ensuring building operations are carried out in a way

that protects the health, safety and welfare of our

community; and achieving compliance with regula-

tions and policies for the betterment of the community.

Madam Chairman, the work of the Depart-

ment of Planning directly supports the construction

industry. The department developed policies that seek

to find a balance between development and conserva-

tion. Its staff process applications for construction pro-

jects that require planning permission, and the as-

sessment of these projects is based on these policies.

Thereafter, the department reviews and makes deci-

sions on building permit applications in accordance

with either the residential or commercial building

codes, depending on the type of project.

To assist with and encourage economic

growth, the department has worked hard in recent

years to greatly improve the processing times for ap-

plications. It has succeeded in this, and done so at a

time when the number of planning and building permit

applications has increased and the number of staff

has decreased. One of the key factors in the depart-

ment’s ability to support the construction industry is

the passage through the House of the updated and

expanded General Development Order (GDO). Ex-

pansion of the GDO, which was approved in July and

gazetted in August of last year, has allowed a wider

range of smaller-scale projects to obtain a speedier

approval through the department’s permitted devel-

opment permit (or PDP) process. These projects

comply with the provisions of the Bermuda Plan 2008,

and planning permission is deemed to be granted

rather than expressly granted by the Development

Applications Board. In essence, only a building permit

is required for GDO-scale projects.

Expenditure Overview

Mr. Sylvan D. Richards, Jr.: Madam Chairman, as

can be seen on page B-314, the Department of Plan-

ning has been allocated a budget of $3,202,000 for

the Financial Year 2016/17. This figure is an increase

of $53,000, or 2 per cent, compared with the depart-

ment’s original budget for the 2015/16 Financial Year.

Madam Chairman, the Department of Plan-

ning is in a period of transition. The department has

undergone a partial restructuring of its organisation,

the main purpose of which was twofold—to improve

the department’s enforcement function, and to provide

for proper succession planning on the building control

side. This restructuring was accompanied by a review

of a number of the job responsibilities and duties un-

dertaken by its staff in recognition of the need to do

more with less in this challenging economy.

During this time, the department was unable

to carry out its entire mandate, despite the use of

temporary personnel and reassigning existing staff to

tasks requiring immediate attention. This is because,

while the reorganisation was ongoing, some posts

were left vacant and not funded. The proposed budget

of the Department of Planning for 2016/17 reflects the

resolution of these organisational issues and takes

into consideration the revised and updated job re-

sponsibilities. It now provides adequate funding for the

finalised staffing and operational expenses of this vital

service provider, going forward. This is the increase of

2 per cent.

As it stands, therefore, 95 per cent of the

overall planning budget is allocated to salaries, a

lower percentage as compared with the original

2015/16 budget. The salaries portion of the budget for

2016/17 has increased by $12,000, or less than 1 per

cent compared with the original salaries budget of

2015/16. Again, this will support proper staffing of the

department.

The Department’s other operating expenses

have increased by $41,000, or 40.6 per cent com-

pared with operating expenses in the original 2015/16

Budget. This reflects expenses mainly in the areas of

training, advertising, and board and committee fees.

Revenue

Mr. Sylvan D. Richards, Jr.: Madam Chairman, the

department’s revenue is projected at $1,125,000, as

shown on page B-315. The main sources of revenue

will be building permit fees at $450,000, planning ap-

plication fees at $375,000, elevator licensing fees at

$150,000, and enforcement planning searches at

$105,000.

Revenue is projected to increase by $11,000,

when compared with the 2015/16’s original estimates

due to increased levels of real estate sales. While

construction activity is anticipated to continue to grow,

with several major projects anticipated in the coming

year, the department has opted for conservative pro-

jections at this time.

Capital Expenditure

1232 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Mr. Sylvan D. Richards, Jr.: The department has a

Capital Acquisitions budget for 2016/17 of $350,000,

as shown on page C-14.

An Hon. Member: Point of clarification?

The Chairman: Do you want to yield?

Mr. Sylvan D. Richards, Jr.: No.

The Chairman: No.

Mr. Sylvan D. Richards, Jr.: Madam Chairman, this

allocation of funds is for the implementation phase of

the project to replace the department’s Bermuda Envi-

ronmental Management Information System (BEMIS).

BEMIS is the department’s core database system and

is used to record and track information on all aspects

of the department’s work responsibilities.

Working closely with the Department of E-

Government, whom we must thank for their efforts,

the Department of Planning in this past year com-

pleted both Request for Information (RFI) and Re-

quest for Proposal (RFP) procedures for a new geo-

centric case management system. This resulted in a

contract award recommendation, recently approved

by Cabinet, which will lead to contract signing shortly.

It bears repeating that BEMIS is mission-

critical for the Department of Planning and, by exten-

sion, Bermuda’s construction industry. It manages the

Bermuda Government’s land planning, permitting, in-

spections and enforcement processes, as well as de-

velopment monitoring and performance metrics. It is

integrated with geographic information systems (GIS)

for mapping and is visible to the public through the

Planning Department’s website.

While it has served the department well since

1999, it is built on a platform that is no longer sup-

ported, and new technologies and applications cannot

be integrated with it. This has severely limited its ef-

fectiveness. Most critical, however, is the fact that the

system malfunctions on a regular, almost daily, basis.

As a precaution, departmental staff has put in

place paper-based processing options as a backup in

case of more serious system failure. As such, Madam

Chairman, it is vital to implement the new IT platform

as soon as possible, but it is recognised that the in-

vestigation, selection and execution processes take

time.

Grants and Contributions

Mr. Sylvan D. Richards, Jr.: The Department of

Planning has a grant of allocation of $10,000, as

shown on page C-20 of the Budget Book. This grant is

for the Heritage Fund, which supports the interest-free

loan scheme available to owners of listed buildings of

architectural and historic interest.

Bermuda has more than 700 listed buildings,

and working in partnership with Butterfield Bank, Gov-

ernment of Bermuda pays the interest on approved

restoration loans at a reduced rate. The Department

of Planning administers disbursements from the Heri-

tage Fund. Although at its inception the Heritage Fund

was allocated $100,000, budget constraints have

since forced a reduction in this fund.

Current Account Estimates

Mr. Sylvan D. Richards, Jr.: Madam Chairman, I now

turn your attention to the allocations for the depart-

ment’s individual cost centres, found on page B-314 of

the Budget Book.

General Administration—cost centre 42000.

This section comprises the department’s senior man-

agement and its administrative support, as well as its

trainees. The original estimate for 2015/16 was

$801,000, with seven employees. The estimate for

2016/17 is $712,000, with six employees. This repre-

sents a decrease of $89,000, or one fewer employee,

over 2015/16. And the percentage decrease of

$89,000 is 11 per cent from 2015/16.

Including salaries, funding under General

Administration (cost centre 42000) decreased by

$89,000, or (as I mentioned) 11 per cent. These sav-

ings represent the loss of a staff member gaining ex-

perience as a professional planner.

This section continues to carry out its work

providing strategic direction and operational support

for the department, with one post frozen due to par-

ticipation in the voluntary early retirement incentive

scheme.

Front Desk Operations—cost centre 42020.

The Front Desk section fulfils the department’s pri-

mary customer service function. The original estimate

for 2015/16 was $256,000, with four employees. The

estimate for 2016/17 is unchanged, $256,000; the

number of employees remains at four.

The assessment of the department’s business

processes previously completed revealed that the

section functions best with an establishment of four

posts. While the job responsibilities and duties of staff

in the Front Desk section are currently under review

as part of the department’s overall reassessment of its

organisational structure, an expanded operational

support role is already in place for this section.

Enforcement and Searches—found under

cost centre 42050. The Enforcement section ad-

dresses issues of noncompliance with planning legis-

lation and development plans, and going forward, will

deal with infractions under the building codes and leg-

islation as well. In addition, the section provides a ser-

vice to purchasers by searching for unresolved plan-

ning compliance issues during the sales process.

The original estimate for 2015/16 was

$284,000, and the division has three employees. The

estimate for 2016/17 is $291,000, with three employ-

Official Hansard Report 7 March 2016 1233

Bermuda House of Assembly

ees—unchanged. This represents a $7,000 increase

over 2015/16, or 2.5 per cent. This increase is due to

changes in the job responsibilities of the posts and

brings all three posts to the same salary level. Also, it

anticipates increased travel expenses (that is, gas

mileage) with a full execution of duties.

Madam Chairman, you will recall the Govern-

ment’s commitment to improve the Planning Depart-

ment’s enforcement functions. Although we might

wish it had moved ahead more quickly, it is a three-

part process.

First, the department has repositioned three

existing posts to create a properly staffed Enforce-

ment section that will consist of three people. Aligned

with that exercise was a redefinition of the job duties

to reflect the additional responsibilities the post hold-

ers will have in tackling compliance issues, including

responsibility for imposing civil penalties. The third

and final part of the process involves amendments to

the Development and Planning Act 1974, which will

give enforcement officers improved legislative tools

and options with respect to compliance issues, such

as the aforementioned civil penalties. These amend-

ments will be laid in the House during the summer

session.

Forward Planning—cost centre 42060.

Madam Chairman, the Forward Planning section pre-

pares the development and local plans that seek to

balance the environmental, economic and social

needs of Bermuda so that development demands are

accommodated in a sustainable way. The original es-

timate for 2015/16 was $490,000, with five employ-

ees. The estimate for 2016/17 is $546,000, the num-

ber of employees remaining at five. This represents

an increase of $56,000, or an increase of 11.4 per

cent. The budget increase of $56,000 is as a result of

having a post that was only partially funded last year

to be fully funded this year.

It is important to note there is a legal obliga-

tion to undertake a five-year review of the develop-

ment plan, and this is the responsibility of the Forward

Planning section. The review process will commence

this year.

The team is committed to developing new and

creative ways of undertaking the five-year review,

given the reduction from eight to five of the staff nor-

mally assigned to the task. This is as a result of frozen

or abolished posts since the last development plan,

the Bermuda Plan 2008, was approved in 2010.

Development Applications—cost centre

42070. The Development Applications section proc-

esses development and subdivision applications seek-

ing planning permission. The original estimate for

2015/16 was $585,000 [with six employees]. The es-

timate for 2016/17 is $684,000. This is an increase of

$99,000, or 17 per cent. There was one employee

added for 2016/17, for a total of seven.

Funding for the Development Applications di-

vision will increase by $99,000, or 17 per cent, as

mentioned previously. This is due to a combination of

funding a post that was temporarily unfunded in the

2015/16 Budget to realise cost savings for Govern-

ment, as well as adjusting operational costs to prop-

erly and more accurately reflect expenses – the previ-

ously-mentioned advertising and board fees.

Building Permits—cost centre 42080. The

Building Permits section reviews building permit appli-

cations for minor works, and residential and commer-

cial development. The purpose is to check that pro-

posed construction projects will comply with Ber-

muda’s building codes and provide proper guidance to

contractors onsite. Madam Chairman, the original es-

timate for 2015/16 was $145,000, with two employ-

ees. The estimate for 2016/17 is $147,000; the num-

ber of employees remains unchanged. This repre-

sents an increase of $2,000, or a 1.4 per cent in-

crease.

Funding for Building Permits will increase by

$2,000, or [1.4] per cent, in the upcoming budget. This

is due to a reassessment of job responsibilities in the

section. The Plans Examiner and Permits Processor

are charged with fulfilling the department’s permitting

function.

Building Inspections—cost centre 42090.

Madam Chairman, once a building permit is issued

and construction commences, the department’s in-

spectors check projects while in progress to ensure

compliance with the relevant codes. This section in-

cludes also an elevator inspector, who inspects all lift-

type devices. The original estimate for 2015/16 was

$588,000, with seven employees. The estimate for

2016/17 is $566,000, employees remaining the same

number. This was a decrease of $22,000, or a 3.7 per

cent decrease.

The allocation for Building Inspections will de-

crease by $22,000. The savings are achieved by only

partially funding one of the electrical inspector posts.

So, instead of filling the second electrical inspector

post on a substantive basis, an on-call inspector will

supplement the inspecting service when necessary.

The prior downturn in the economy reduced the need

for two full-time electrical inspectors, and therefore,

since the retirement of one post-holder, the depart-

ment has had one electrical inspector on staff and

utilised an on-call inspector to cover the second post.

This is combined with cross-training of the

building inspectors to ensure the department achieves

satisfactory service levels. The caseload of the re-

maining electrical inspector is increasing now, so the

Planning Department will continue to monitor the

situation to ascertain whether additional resources are

required. At this time, they are not.

Manpower

Mr. Sylvan D. Richards, Jr.: Madam Chairman, as a

result of the review of the department’s organisational

structure and the job responsibilities of various posi-

1234 7 March 2016 Official Hansard Report

Bermuda House of Assembly

tions, and in light of the department’s mandate, the

Planning Department’s establishment is set at 34

posts in the 2016/17 budget year (found on page B-

315). This does not include two posts that remain fro-

zen following the post-holders’ participation in the

early retirement incentive scheme, but it does include

two posts which are only partially funded. This repre-

sents an overall reduction in staffing for the depart-

ment from a high of 43 posts in 2012.

Output Measures

Mr. Sylvan D. Richards, Jr.: Madam Chairman, the

department’s output measures are to be found on

pages B-316 and B-317 of the Budget Book. Compar-

ing the original forecasts with the actual outcomes, we

can see the Department of Planning has largely

achieved or come close to its original forecast per-

formance. Highlighting the key performance indica-

tors, I draw your attention to the Front Desk Opera-

tions, found on page B-316, which continue to ensure

that 100 per cent of valid applications are input into

BEMIS within eight days. This section also ensures

agents are informed of any deficiencies with their ap-

plications within 24 to 48 hours.

The Development Applications section, found

on page B-317, met its original forecast processing

time of 75 per cent of applications being determined

within 12 weeks, when it achieved an actual standard

of 75 per cent of applications processed within 12

weeks in 2015.

Madam Chairman, with respect to Building

Permits, found on page B-317, in 2015, a total of

65 per cent of residential and commercial develop-

ment permits were determined within six weeks. The

performance target for both is [70] per cent of permit

applications being determined within six weeks.

For minor projects, the performance standard

achieved was [80] per cent of Permitted Development

Permits (PDPs) determined within six days.

Therefore, Madam Chairman, recognising the

general need to assign more resources to the permit-

ting process, the department’s reorganisation will see

the newly redefined position of Assistant Building

Control Officer take on some of the permit processing

duties starting in the 2016/17 year.

Overall, the Department of Planning continued

to see an increase in applications for construction pro-

jects last year. There were 1,822 planning and build-

ing applications, as well as revisions, received in

2014, which compares with 1,932 received in 2015.

The increase in projects seeking permission is

matched by an increase in building inspections.

Madam Chairman, the Inspections section,

found on page B-317, continues to excel, meeting its

performance standard of 95 per cent of inspections

being carried out within one day of the request being

made. A total of 7,252 inspections were carried out in

2015, which is an increase of 910 inspections, com-

pared with 2014, and an increase of 1,318 inspections

when compared with 2013. With respect to Occu-

pancy Certificates, 473 were issued in 2015, which is

an increase when compared with the 452 issued

2014.

Madam Chairman, for those purchasing prop-

erty, the Enforcement section, found on page B-316,

is processing planning searches at a good pace. Of

searches, 90 per cent were completed within the

statutory period of 28 days in 2015. The average time

taken was 16 days, which compares favourably with

an average processing time of 21 days in 2014.

Again, as with planning and building permit applica-

tions, there was a slight increase in planning searches

in 2015 when compared with 2014. In 2015, 218

searches were processed, compared with 202 in

2014.

The Enforcement section issued four En-

forcement Notices during the year and provided evi-

dence several times for magistrates court cases.

On the policy planning side, the Forward

Planning section met its primary performance target

by completing the City of Hamilton Plan 2015. It was

placed before the legislature and approved, and it be-

came operative in draft form on June 26

, 2015. Fol-

lowing the statutory period for public comment, which

expired on September 25

, 2015, the Department of

Planning has assisted the Ministry with the objections

process. The department initially reviewed all the ob-

jections and written representations received. It re-

solved all but one of the objections lodged and pro-

vided detailed assessments of the written representa-

tions.

In accordance with section 11 of the Devel-

opment and Planning Act 1974, the Minister of Home

Affairs struck a tribunal, in January of this year, to re-

view those objections and written representations, as

well as the department’s stated positions. At this time,

the tribunal has completed its work, which included

conducting a hearing on the outstanding objection.

The Minister is shortly to review the tribunal’s recom-

mendations.

Major Achievements

Mr. Sylvan D. Richards, Jr.: Madam Chairman, un-

der the heading of Major Achievements comes the

City of Hamilton Plan 2015, which I have just men-

tioned and which is reaching the end of its approvals

process.

Another major achievement mentioned briefly

before is the GDO. Expanding GDO was a project of

long-standing in the Department of Planning. Its sig-

nificance is that it has broadened, quite considerably,

the development, which requires only a building per-

mit. This streamlines the approvals process quite a

bit, making the path to construction easier.

For example, solar panel installations used to

be processed as a PDP as long as their size did not

Official Hansard Report 7 March 2016 1235

Bermuda House of Assembly

exceed 400 square feet in area. With the newly ex-

panded GDO, solar panel installations up to 1,000

square feet in area can be processed as a PDP.

Likewise, an addition to a detached residential build-

ing was processed as a PDP as long as the floor area

was not greater than 400 square feet. Now the maxi-

mum floor area is 1,000 square feet.

New forms of development that are deemed

approved under the GDO include swimming pools,

ramps for wheelchair access, flagpoles, and skylights.

While there are conditions relating to setbacks, site

coverage and height, the overall result is an easing of

red tape.

Madam Chairman, regarding its service deliv-

ery, the Department of Planning continues to monitor

its standards, seeking improvements where possible.

As a result, particularly in the processing of planning

applications and building permits, the Planning De-

partment has made further headway. Madam Chair-

man, for example, in 2014, the average processing

time for a planning application was 9.2 weeks. In the

year 2015, this dropped to eight weeks. As recently as

2013, the average processing time was as long as

12.1 weeks.

For minor works permits, the average proc-

essing time was 1.2 weeks in 2014, and it held at 1.2

weeks in 2015, although the number of applications

increased slightly, by 37, or 11 per cent. Although the

overall average processing time for building permit

applications increased from 4.1 weeks in 2014 to 4.5

weeks in 2015, the deployment of resources planned

for 2016/17 will assist in making the permitting proc-

ess quicker.

Madam Chairman, in terms of major building

projects, as a result of the America’s Cup scheduled

for next year, the department dealt with a number of

applications for development related to the event dur-

ing the course of 2015. This included the landfill pro-

ject in the South Basin at the Royal Naval Dockyard,

which will be used for the America’s Cup Event Vil-

lage. In addition, bases for Team Oracle, SoftBank

Team Japan, and Artemis are now established in

Bermuda.

The America’s Cup effect, if you will, has seen

the renovation and restoration of historic buildings in

and around the Dockyard for use as team work

spaces or for accommodation. Included in this is the

Great Western Storehouse in Dockyard, which is serv-

ing currently as Team Oracle’s headquarters.

In terms of hotel projects, 2015 saw the grant

of planning permission for phase one of the Morgan’s

Point redevelopment. This comprises an 84-key hotel

and spa, 149 residences and a 77-berth marina.

Plans for the Upcoming Year

Mr. Sylvan D. Richards, Jr.: Madam Chairman, as I

mentioned earlier, planning for implementation of a

new IT system is getting underway now, with the De-

partment of Planning anticipating engagement of a

vendor this month. Unlike BEMIS, which is a bespoke

software application, the scope of work for this tender

comprised a planning, building and enforcement

commercial off-the-shelf application customised for

the Department of Planning.

Each bidder was requested to submit a pro-

posal that will support the case management, docu-

ment management, and geographic information sys-

tem needs associated with the planning application

and building permit processing lifecycle as specified in

the project scope, inclusive of a hosting solution.

The department seeks to position itself so that

it can more readily leverage regular software updates,

achieve a hosting solution that does not place addi-

tional burden on the Government’s Information Tech-

nology Office, and modernise its processing of appli-

cations from receipt through to decision.

As such, the 2016/17 budget year will see an

overhaul of the department’s applications’ processing

system and a move to a new, more robust IT platform.

It will be easier to access, will be more transparent in

the information available to the public, and will have

the capacity to allow for the online submission of ap-

plications and better communication between gov-

ernment departments. The department anticipates

that it will complete a significant portion of the IT work

in this upcoming budget year.

Madam Chairman, another major project for

the upcoming year is a local plan for North East Ham-

ilton. While the City of Hamilton Plan addresses de-

velopment and land uses, traffic and parking, the pe-

destrian environment, the historic environment, open

spaces and building design for the majority of the City,

the north east section is considered special and wor-

thy of its own specific local plan.

North East Hamilton contains a distinctive

residential and commercial community, and has a

number of buildings of particular charm, character,

and history. This local plan will build on work already

completed by the Bermuda Economic Development

Corporation.

In addition to completing the North East Ham-

ilton Local Plan, the department will commence a re-

view of the Bermuda Plan 2008, as required by the

Development and Planning Act 1974. The intention is

to undertake the review through the implementation of

a new community planning strategy. This allows the

department to more effectively deploy its resources by

working in teams at the parish level. While the de-

partment no longer has the staff to undertake the type

of comprehensive wide-ranging review seen in past

years, it is anticipated that a meaningful review that

meets the requirements of the Act can be carried out

by way of the new community planning initiative.

Madam Chairman, the Department of Plan-

ning will also continue to play a key role with respect

to the America’s Cup by ensuring the swift and proper

processing of applications for planning permission and

1236 7 March 2016 Official Hansard Report

Bermuda House of Assembly

building permit approval. The department has already

established a dedicated team to focus on America’s

Cup projects. It is for the department to ensure that all

applications receive due and proper consideration

whilst meeting performance targets. In the coming

year, the department expects to process applications

for the Land Rover BAR team and for the America’s

Cup Event Village itself.

Other major construction projects continuing

or likely to be commencing in the upcoming year in-

clude West Hamilton Building A, which is a nine-

dwelling unit complex under construction now, and

Building B, now submitted for planning permission,

which is an eight-dwelling unit development. Also, the

soft opening of the redeveloped Pink Beach Hotel is

anticipated in early 2017—my constituency, I might

add, Madam Chairman, so I am eagerly looking for-

ward to that opening—while the St. George’s Hotel,

St. George’s Marina, and, of course, the airport rede-

velopment project remain key projects and key priori-

ties.

Finally, Madam Chairman, the Financial Year

2016/17 will see an amendment to the Development

and Planning Act to adjust the enforcement provi-

sions, laid in the House before the end of the summer

session, as I outlined earlier.

The present system for enforcement of

breaches of planning control or unauthorised devel-

opment is slow; it is structured in a manner that

makes it difficult to obtain useful and timely informa-

tion, and it is susceptible to time-wasting through the

courts. The general consensus is that enforcement in

Bermuda is very challenging. As the enforcement

process is not as effective as it should or could be, a

build it now, sort it out later attitude can tend to prevail

on the part of landowners and contractors.

In considering amendments to the enforce-

ment provisions of the Act, the Department of Plan-

ning has explored similar legislation in other jurisdic-

tions such as England and Wales, Northern Ireland,

Guernsey, Barbados, and Jamaica. Possible amend-

ments include the Director of Planning having the

power to impose civil penalties and the ability to bring

action against contractors as well as owners. With

respect to civil penalties, this is a power that could be

modelled on that which the Chief Immigration Officer

has now. For example, civil penalties could be im-

posed for:

• developments undertaken without planning

permission;

• development that is not in accordance with

the approved plans or which is contrary to a

condition of the planning permission; and

• development that damages or destroys a des-

ignated protection area.

The penalties could be structured such that

development that constitutes a breach of a planning

condition results in a lesser penalty than a flagrant

breach such as development occurring without the

benefit of any planning permission at all.

The Attorney General’s Chambers is working

on the proposed legislative amendments. It is antici-

pated that the amendments will help to ensure a bet-

ter and quicker resolution with respect to complaints

and infractions.

Madam Chairman, in concluding my presenta-

tion on the Estimates of Expenditure and Revenues

for the Department of Planning, Head 32, I would wish

to note that the department continues to respond posi-

tively to the demands for improved services. This has

been demonstrated by improved processing times for

applications across the spectrum during a period

when the caseload has increased.

The department will continue to look for im-

provements in the service it provides to the public.

Madam Chairman, I wish to thank the De-

partment of Planning team for their commitment to,

and enthusiasm for, improvements during this past

year. Good progress has been made, and I do not

doubt the staff will continue in this positive vein.

Madam Chairman, this concludes my presen-

tation of the estimates of expenditure and revenues

for the Department of Planning, Head 32.

I would now like to move on to Head 60, the

Department of Workforce Development, which marks

the final Head for the Ministry of Home Affairs for this

Budget Debate.

[Pause]

The Chairman: You have one hour and 10 minutes.

Mr. Sylvan D. Richards, Jr.: Madam Chairman, it is

my pleasure to present Budget Head 60, the Depart-

ment of Workforce Development.

The Chairman: Correction. I am sorry. You have one

hour and 38 minutes.

Mr. Sylvan D. Richards, Jr.: Okay.

HEAD 60—DEPARTMENT OF WORKFORCE DE-

VELOPMENT

Mr. Sylvan D. Richards, Jr.: Madam Chairman, it is

my pleasure to present Budget Head 60, the Depart-

ment of Workforce Development. Honourable Mem-

bers can find the relevant budget information on

pages B-318 to B-323, Current Account Estimates;

[page] C-14, Capital Acquisitions; and [page] C-20,

Grants and Contributions, of the Estimates of Reve-

nue and Expenditures.

The Department of Workforce Development is di-

vided into four programmes:

• General Administration—6001;

• Labour Relations—6002;

• Career Development—6003; and

Official Hansard Report 7 March 2016 1237

Bermuda House of Assembly

• Training—6004.

Madam Chairman, one of the primary goals of

the National Training Board (NTB) during this fiscal

year was to continue the work required to develop a

National Training Plan Part 2 (of the Plan) and over-

see the implementation of the same. Last year, Part 1

of the Plan was launched, and positive feedback was

received from our stakeholders. Part I of the Plan is

an analysis of the economic sectors that the board

focused on, in the first instance with the goal of un-

derstanding the current job market and determining

how best to move Bermuda from its largely uncoordi-

nated workforce training regime to the adoption of

short-, medium-, and long-term views. This approach

will enable Bermuda to become more self-sufficient in

the supply of human resources needed to support and

sustain our economy and, more importantly, position

us for economic growth.

Part 2 of the Plan will expand on the findings

in the first Plan by considering:

• the needs of the Bermuda economy today and

in the future;

• the availability of nationally recognised train-

ing (training packages, qualifications, accred-

ited courses, skill sets, and units of compe-

tency, et cetera);

• where synergies and points of integration can

occur, particularly to support existing pro-

grammes, as well as those being developed

and delivered by various training organisa-

tions, and industry associations;

• recommendations with respect to current and

future opportunities;

• implementation of action plans which include

reference to resource allocation;

• ways to address some of the non-technical

aspects of learning with respect to ensuring

workforce readiness;

• determining which industries will create a sus-

tainable economy in Bermuda;

• determining how to make data and informa-

tion available and easy to access with respect

to jobs that are and will be available;

• determining the scope of available jobs, what

skills are required, and how to develop indi-

viduals who could fill them successfully;

• determining how to use the Plan as a re-

spected data source for the educational sys-

tem to prepare students academically and vo-

cationally to be gainfully employed in a global

environment;

• deciding where there is overlap in training

programmes and support mechanisms that

leverage different techniques that appeal to

different learning styles; and

• determining whether there is some evaluation

that will assist in determining the integrity of

employers to consider Bermudians as a first

choice for employment.

Madam Chairman, Part 2 focuses on the de-

velopment and implementation of training and entry-

level positions across industry sectors, as well as

identifying the resources required to do so, and,

where appropriate, policy considerations. Ultimately,

this Plan will be used as a tool to ensure that Ber-

muda moves to a place of reducing reliance on over-

seas labour. The future needs of the economy will be

considered to allow for proper learning and develop-

ment activities to occur so that Bermudians have no

risk of missing employment opportunities.

This Plan will be critical to the continual im-

provement of workforce planning in Bermuda and to

the establishment of a common framework for discus-

sions on future workforce numbers. Similar to Part 1,

this second version will be issued with the full expec-

tation that it is a growing, living document that will de-

velop over time as new opportunities and workforce

needs arise. All stakeholders are invited to provide

input as the department seeks to work together to

identify job opportunities for Bermudians at all skill

levels and guide them to earn the qualifications and/or

experience necessary to become employed, to sus-

tain their employment or to achieve promotional op-

portunities.

The department continues to collaborate with

the Bermuda College and provide funding support to

ensure that certain programmes can be maintained.

These programmes are offered as a means of provid-

ing Bermudians the opportunity to gain entry in occu-

pations that show high numbers of work permit issu-

ances. An account of how the programmes are pro-

gressing is as follows:

ACCA (Association of Chartered Certified Ac-

countants): The ACCA students are currently pro-

gressing at various levels from intermediate courses

to diploma-level courses. Two students are at the ad-

vanced diploma level. It is pleasing to report that there

have not been any official withdrawals this semester;

however, several students have had to re-sit exams.

New legislation that prohibited the recognition

of this designation in some jurisdictions caused con-

cerns in September; however, some progress was

made as a result of a partnership with ACCA in the

UK and the Caribbean. A new campaign began this

month after ACCA lawyers were able to confirm to the

public that this designation is in fact a recognised ac-

counting qualification. As per the ACCA press release,

“While the amended law [mandates] that anyone offer-

ing accounting services to the public must be a mem-

ber of CPA Bermuda, there is nothing to prevent

members of other bodies like ACCA from working in

businesses in a wide range of roles, including internal

audit, which [presently] does not require CPA Ber-

muda membership.”

1238 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Madam Chairman, it is important to note that

exam fees and materials have increased this year. All

ACCA exams are now administered by the Bermuda

College Registrar’s Office. I am pleased to inform you

that students continue to find the material useful in the

workplace. ACCA also continues to be cited as the

preferred choice because of the flexibility of the

course (when compared with the CPA USA and CPA

Canada). One student in particular has finally secured

employment in an accounting role after being unem-

ployed for quite some time. The workload has forced

this student to temporarily discontinue her studies;

however, she will return next semester. ACCA Ber-

muda branch professionals continue to offer support

and mentoring opportunities to our students.

Another designation is CPA Becker (Certified

Public Accountants USA). Four students are currently

pursuing the CPA (USA) designation. One continuing

student sat an exam last semester and is awaiting

results. Her name is Jasmine Williams. Additionally,

another student, named Ashley Harris, is planning to

sit one exam this semester. And one student is cur-

rently on maternity leave, while the remaining student

must re-sit her exams.

The CMA (now called CPA Canada) (Char-

tered Professional Accountants): Madam Chairman,

Alisha Phillips, Shamir Howes, Shantarrae Talbot, and

Triquia Simmons are continuing with their studies and

exams.

Teacher Certification Programmes (Miami

University (MU): In September 2014, Miami University,

Oxford, Ohio, initiated a two-year Master of Education

in Special Education [programme] with certification

and licensure; however, students may also choose to

complete licensure without the degree, or a master’s

[degree] without certification. Courses are asynchro-

nous online face-to-face classes held on a monthly

basis, followed by meetings with an Ohio mentor. A

local mentor, employed by the Ministry of Education,

is also available to assist students. For those who

seek certification, a 15-week practicum will occur in

spring 2016.

In the fall of 2015, eight students continued to

pursue the Master of Education in Special Education

with certification and licensure. Four students received

funding at 50 per cent from the department, and two

students received funding at the 75 per cent level. It is

anticipated that students will continue to need finan-

cial assistance in order to complete the programme.

Madam Chairman, two students have already

started their practical, and one student will be partici-

pating in the May 2016 Spring Commencement Exer-

cises and Divisional Ceremonies at Miami University.

Students seem naturally enthusiastic and motivated

about the programme and are excited because the

end is in view.

Madam Chairman, the department continues

in its quest to obtain the internationally recognised

Investors in People (IiP) accreditation award. In order

to be successful on this journey, the staff have partici-

pated in a number of lunch-and-learn exercises and

presentations; attended a three-day Mirrors profes-

sional development programme; and created a num-

ber of in-house committees to assist with improved

team building, these being Safety and Health, Well-

ness and Social Responsibilities. A number of trans-

formational programmes were endorsed and attended

by all including the director, who has led the team

throughout the entire process in this journey towards

achieving IiP. The department is planning to be ac-

cessed by April 2016.

Mr. Speaker, here are some specifics with

respect to the budget:

The Current Account Estimates for 2016/17

are found on page B-319. The Department of Work-

force Development budget allocation for 2016/17 is

set at $4,557,000. The comparative budget figure for

2015/16 was $4,776,000. This will result in an annual

savings of $219,000, or a 5 per cent decrease from

the 2015/16 budget expenditure.

Madam Chairman, as previously mentioned,

the department budget consists of four programmes,

as noted on page B-319:

• General Administration—6001;

• Labour Relations—6002;

• Career Development—6003; and

• Training—6004.

I will now walk Honourable Members through

these numbers and provide an overview of the

planned expenditure.

Programme 6001 is the General Administra-

tion Section. This section is responsible for the overall

management and administration of the Department of

Workforce Development.

I will now reference cost centre 70000, Ad-

ministration Variance versus 2016/17, all found on

page B-319. The original estimate for 2015/16 was

$660,000, with four employees. The estimate for

2016/17 is $570,000, with three employees. This is a

decrease year over year of $90,000, one less em-

ployee, or a decrease of 14 per cent in dollar terms.

Madam Chairman, the Administration Section

is staffed by three full-time employees, as indicated,

consisting of the Director, an Administrative Accounts

Officer, and a Customer Service Representative. Last

year, a two-year temporary additional IT System Sup-

port Officer was also included; however, due to the

hiring freeze, this post will not be filled and therefore

will be removed. The total wages for this section is

$273,017, or 48 per cent of the total cost for this pro-

gramme. The other cost of $297,804 relates to gen-

eral expenses such as staff training, rent, local con-

sultants, software maintenance, utilities, office clean-

ing, building security, photocopiers, and general office

supplies. The total variance is a decrease of $90,000,

or 14 per cent, due mainly to the removal of the Tem-

porary Additional IT Systems Support Officer post.

Official Hansard Report 7 March 2016 1239

Bermuda House of Assembly

Programme 6002 is the Labour Relations

Section, which includes two cost centres, found on

page B-319: cost centre 70010, Labour Relations

Administration; and cost centre 70011, Labour Rela-

tions.

The Labour Relations Section budget alloca-

tion for 2016/17 is set at $568,000. The comparative

budget figure for 2015/16 was $734,000. This will re-

sult in an annual savings of $166,000, or a 23 per cent

decrease from the 2015/16 budget expenditure.

Cost centres 70010 and 70012, Labour Rela-

tions Administration, and Arbitration and Tribunal [re-

spectively], variance versus 2016/17 is found on page

B-319. The original estimate for 2015/16 was

$340,000, with three employees. The estimate for

2016/17 is $199,000, with two employees. This is a

dollar decrease of $141,000, or 41 per cent, with one

fewer employee.

In the 2015/16 Budget, this programme con-

sisted of three cost centres. However, due to the Tri-

bunal Section’s administrative assistant’s accepting

the early retirement package in September 2015,

subaccount 70012, Arbitration and Tribunal, is now

consolidated into cost centre 70010.

Madam Chairman, the total wages for this

section is $176,796, which represents 89 per cent of

the total cost for this programme area. The other costs

of $22,000, or 11 per cent, will be applied to general

expenses such as international certification training in

arbitration and mediation, local training, publications,

and general office supplies. The total variance is a

decrease of $141,000, or 41 per cent, due mainly to

the Administrative Assistant, previously under the Tri-

bunal Section, taking early retirement, and the reclas-

sification of board and committee fees to cost centre

70011, Labour Relations.

The purpose of this funding is to provide for

the management and administration of the operations

and staff for the Labour Relations Section, which con-

sists of the Labour Relations Manager and one Ad-

ministrative Assistant. Currently, Mrs Gabrielle Cann,

Labour Relations Officer, is acting in the position of

the Labour Relations Manager, as the previous La-

bour Relations Manager resigned in October of 2015.

Madam Chairman, this allocation is to provide

operational oversight that guides the Labour Relations

officers to ensure that existing policies and proce-

dures are adhered to and that the section’s operations

are aligned with the current legal framework and in-

ternational trends. Further, the post of Administrative

Assistant is to ensure that clients are serviced with

professionalism and that general secretarial and cleri-

cal services support the operation and the Tribunal

and Arbitration Board. The Administrator has been

instrumental in recording the proceedings of the tribu-

nal panel to have a record of reference when it is time

to review the factual and legal issues before them. In

the event that a panel’s decision is appealed, this re-

cord is formalised into a record for the Supreme

Court. It is a necessity to keep accurate records of

tribunal hearings for a more transparent and efficient

dispute-resolution process.

During the course of the year, there have

been many changes in the Labour Relations Section.

In May and July, the section’s staff rallied together

and took two working Sundays to update and modern-

ise the policies and procedures for the section. The

document needed to address the current practices of

the section and take account of various legal deci-

sions that touched and concerned the manner in

which Labour Relations officers are to discharge their

duties, particularly under the Employment Act 2000

and the Trade Union Act 1965. The new and improved

policies and procedures took effect on August 3

2015. Additionally, the section’s staff used working

Sundays in August and September to update the sec-

tion’s intake form used by clients to ensure conformity

with the improved policies and procedures.

The security over the physical filing system,

as well as the electronic case management system,

required some improvement in respect to file prepara-

tion and access, following an internal audit review on

the department. The case files now include a docu-

mentation checklist, and all files are now kept in

locked cabinets.

Madam Chairman, the section experienced a

significant overhaul of staff at the beginning of the

year 2015/16, including one Administrative Assistant’s

taking advantage of the early retirement offered to

Government workers. The Labour Relations Manager

resigned in October 2015, with one of the three La-

bour Relations officers taking on the position of acting

Labour Relations Manager. These changes have

compelled the section to review its approach to the

handling of labour complaints in light of the continuing

challenges of economic resuscitation and recovery of

labour relations in Bermuda. The need for Labour Re-

lations officers to be adequately trained as mediators

has never been more imperative [than now] with the

number of labour disputes that continue to percolate

in Bermuda. The wealth of the section has been iden-

tified as its ability to offer conciliation and mediation to

opposing parties and enable them to come together,

recognising that disputes between labour and em-

ployers can be resolved only through cooperation and

consultation.

The section continues to liaise with the rele-

vant government departments and stakeholders on

developments in employment. The need to share the

view of good employment practices with employers

and employees has been recognised as an important

means toward reducing the number of disputes. To

this end, the section has been engaged in offering

seminars, workshops, and presentations to selected

groups, individuals, and schools in an effort to

broaden the understanding of good employment prac-

tice.

1240 7 March 2016 Official Hansard Report

Bermuda House of Assembly

These included, but are not limited to, the

Human Rights Commission, the Bermuda Employers

Council, and the Association of Filipinos in Bermuda.

Bringing awareness to the methods in which disputes

may be avoided through constructive cooperation and

consultation will cultivate sustainable employment re-

lationships and invite economic prosperity. The sec-

tion’s activities and aims enable the Labour Relations

Manager to systematise the education process and

help to encourage an organised approach to investi-

gations and advice disseminated by the Labour Rela-

tions officers.

The Labour Relations Manager is responsible

for overseeing the labour disputes referral process

and administration of the arbitration panels and

boards and the Employment Tribunal. The schedule

and organisation of hearing dates, notification to par-

ties and general enquires related to the referral of

matters to this stage fall under the manager’s prov-

ince. This allocation will continue to enable the proc-

ess to become more streamlined and allow panel

members the freedom to prepare for upcoming hear-

ings without being burdened by simple procedural

queries.

Madam Chairman, I will now commence on

subaccount 70011, Labour Relations, variance versus

2016/17, found on page B-319. The original estimate

for 2015/16 was $394,000, with four employees. The

estimate for 2016/17 is $369,000, with three employ-

ees, a decrease of one. The decrease in dollar

amount is $25,000, or 6 per cent, year over year.

This programme initially had a total comple-

ment of four full-time Labour Relations Officers. As

explained earlier, the section has undergone many

changes in relation to its staffing. The section is cur-

rently at a low point, with only two full-time Labour

Relations Officers and an acting Labour Relations

Manager, who holds the dual role as a Labour Rela-

tions Officer. The department is actively attempting to

recruit internally to fill one of the vacant Labour Rela-

tions Officer posts. The total salary budgeted for this

section is $279,696, or 76 per cent of the total alloca-

tion. The remaining funds are allocated for profes-

sional development, educational outreach seminars

and workshops, and board and committee fees.

Madam Chairman, the total variance is a de-

crease of $25,000, or 6 per cent, mainly due to the

reduction in the overseas training budget and one va-

cant Labour Relations Officer post not being funded

this year. It should also be noted that the board and

committee fees have been reclassified to this subac-

count from the subaccount 70012.

These funds are allocated for the provision of

the Labour Relations Officers, who service the Ber-

muda workforce, employers, unions, and private sec-

tor representatives in understanding their rights and

responsibilities, executing these in accordance with

the statutory provisions and international best practice

standards and bringing awareness to avoiding conflict

within all workplaces.

The section underwent Phase 1 Alternative

Dispute Resolution training for four days in the first

week of May 2015. This training increased the Labour

Relations Officers’ skills and confidence in conducting

mediation and dispute settlements. The department is

seeking to have the Phase 2 of the training completed

during the year. Planning is currently underway with

the company concerned.

Madam Chairman, during the year 2015/16, to

date, there were approximately 641 labour dispute

inquires lodged with the Labour Relations Section, of

which 458 were consultations and 183 were com-

plaints. Of these, 160 were complaints filed pursuant

to the Employment Act 2000, and 23 were grievances

reported pursuant to the Labour Relations Act 1975,

Trade Union Act 1965, and/or the Labour Disputes Act

1992.

The majority of the complaints filed and inves-

tigated by the Labour Relations Officers related to

terminations and wages, at 58 per cent and 20 per

cent respectively. The other 22 per cent consisted of

complaints around layoffs, redundancy, constructive

dismissal, sick pay, and vacation pay.

A total of 105 complaints have been resolved

during the year 2015/16, with 67 relating to complaints

filed during the year and 38 complaints carrying over

from previous years. There currently remain 179 ac-

tive cases with the department.

Madam Chairman, the term “consultation”

refers to circumstances where advice and guidance

are provided to either employees or employers, and

may include a telephone call, e-mail, or meeting.

These are to be distinguished from disputes, as this

process has proved to be invaluable in resolving dis-

sension, strife or contention before it develops into a

dispute. The Labour Relations Officers suggest, to

those who may enquire, advice based on current good

employment practice guidelines, the premise being

that the conflict between workers and employers can

best be served through peaceful and constructive

methods and consultation.

The staff continues to find that many of their

resources have been attributed to assisting the public

in this regard. The section has identified a change in

the attitude of the community toward the employment

relationship. Help can be sought before an employ-

ment relationship deteriorates into a dispute, and ef-

fectively [help the parties to] avoid conflict.

More and more employees and employers are

seeking to avoid contention and dissension in the

workplace, and are instead seeking to create a more

harmonious environment where employment rights

are protected. Our records indicate that a vast major-

ity of the complaints lodged with the section during

2015/16 were successfully resolved with the assis-

tance of a Labour Relations Officer.

Official Hansard Report 7 March 2016 1241

Bermuda House of Assembly

Madam Chairman, these budgeted funds en-

able the Labour Relations Officers to keep their pulse

on the labour market in Bermuda, advising the Gov-

ernment as to the current state of labour relations and

any changes that have been suggested on an interna-

tional level by the ILO [International Labour Organiza-

tion]. The benefits of the deployment of these funds

are that the staff in the section contribute to the stabil-

ity of an efficient and sustainable workforce in Ber-

muda. The Labour Relations Officer is a key resource

for educating sectors of the community on the applica-

tion of labour legislation and continuing the campaign

for improving Bermuda’s employment practices.

To further demonstrate the application of the

funds for the section, it is necessary to note the pivotal

role the Labour Relations Officer occupies in the very

public and recent labour disputes involving the Ber-

muda Industrial Union and the Bermuda Post Office;

the Electricity Supply Trade Union and the Bermuda

Electric Light Company; and the strike notice issued

by the Electricity Supply Trade Union to the Bermuda

Electric Light Company.

Madam Chairman, if I may, I will elaborate

more on the disputes involving the Electricity Supply

Trade Union and the Bermuda Electric Light Com-

pany. Where a strike notice was issued, the Labour

Relations Officers acted swiftly in inviting both parties

to consult on the issues that were creating an im-

passe. Once consultation ensued, the matters of con-

tention became areas of discussion and the dispute

was referred to the Permanent Arbitration Tribunal,

and the strike was averted. Where an impasse was

reached regarding the Electricity Supply Trade Un-

ion’s members’ benefits in November 2015, the La-

bour Relations Officers again acted swiftly in contact-

ing and consulting with the parties, which resulted in

both parties agreeing to meet to further discuss the

issues in contention, and members returned to work.

During the year, the Labour Relations Section

has facilitated the process for seven union certifica-

tions. The Labour Relations Section ensures that the

application process accords with the provisions of the

Trade Union Act 1965, thereby systematising the ap-

plication process for all those concerned. The assis-

tance that the section provides benefits the entire

process and enables the parties involved to be fully

aware and participate wholeheartedly. The section

has been able to modify and improve the process of

certification, resulting in a robust and constructive ap-

plication process in which the parties involved are

able to rely on the section for guidance, instruction,

and advice.

The section has been strengthening its public

outreach efforts, participating in a number of events

during the year on behalf the department. The bene-

fits to the public being aware of their rights as it re-

lates to employment and the best employment prac-

tice have been recognised as areas that need greater

concentration and focus. As such, the section has

sought to be more creative and discerning in the de-

livery of its message and selection of the target audi-

ences to maximise understanding.

Madam Chairman, the campaign to educate

school-leavers and arm them with knowledge in re-

spect of employment through presentations to the

graduate classes at the senior schools on the Island,

public and private, is ongoing. The section has com-

mitted to reaching out to the restaurant industry, con-

struction industry, and beauty salons in an effort to

improve these segments of employment infrastructure

that are at the forefront of service on the Island. It is

envisaged that a systematic approach will be adopted

to safeguard the sanctity of the human rights of the

individual in these working environments, be they em-

ployee or employer.

The total cost for boards and tribunals is in-

creasing due to the complex nature of matters that are

being referred for resolution. Matters that are being

referred for resolution often include multiple complain-

ants with various issues, who more often than not

have sought legal counsel. This appears to be trend-

ing in respect to recent employment relation matters,

as the factual and legal matrix surrounding disputes

continues to intensify. As such, the panels are often

required to meet on more than one day to review and

digest the issues, read the pleadings prepared by

counsel, and then to conduct the hearing. Following

this, the decision is then drafted with input from the

entire panel. As discussed earlier, this subsection now

includes board and committee fees. During the year

2015/16, a total of 37 cases was referred to the Em-

ployment Tribunal, with 31 matters completed and

awarded decisions. Of these, 18 were settled in favour

of the employee.

Madam Chairman, this funding offers the

community an alternative to dispute resolution. When

the Labour Relations Officers are unable to effect a

settlement in a matter, the matter may be referred for

resolution to the appropriate tribunal or arbitration

panel. This resolution process is less formal than

court proceedings and is accessible to the layperson.

Additionally, there is no cost to the parties.

Referral to the Employment Tribunal or an

arbitration panel is a process that ensures that all dis-

putes reach a conclusion. Parties may wish to take

their disputes further to the Supreme Court in the

event that they believe that the panel has erred in ap-

plying the relevant law to the issues before them. The

Labour Relations Section has worked tirelessly in re-

ducing the number of cases awaiting a hearing before

a panel and in moving matters to the panel once it is

clear that conciliation and mediation have had no ef-

fect on the positions adopted by the parties.

Madam Chairman, Programme 6003 is the

Career Development Section, which includes two

subaccounts found on page B-319: cost centre

70300, Career Development Administration; and cost

centre 70400, Career Development.

1242 7 March 2016 Official Hansard Report

Bermuda House of Assembly

The Career Development Section budget allo-

cation for 2016/17 is set at $611,000. The compara-

tive budget figure for 2015/16 was $604,000. This will

result in an increase of $7,000, or a 1 per cent in-

crease, from the 2015/16 budget expenditure.

Cost centre 70300, Career Development Ad-

ministration, variance versus 2016/17, is found on

page B-319. The original estimate for 2015/16 was

$192,000. The estimate for 2016/17 remains at

$192,000. Madam Chairman, the focus of the Career

Development Section is on client assessment, job

readiness, and job search support. Where appropri-

ate, clients may be referred for training and other sup-

port services that may increase an individual’s pros-

pects for suitable employment and job retention.

Career Development Administration is staffed

by two full-time officers consisting of an acting Man-

ager and one Administrative Assistant. The total

wages are $176,796, or 92 per cent of the total budget

for this cost centre. The remaining budget of $14,825,

or 8 per cent, relates to the expense of staff training

and office supplies.

Career Development Administration provides

management and administrative support for the day-

to-day operations of the Career Development Section.

The administrative support provided the Career De-

velopment officers and Manager includes responding

to the Bermuda Job Board queries, assisting with cli-

ent intake and data entry, managing registration and

enrolment for job readiness and soft skills training

workshops, client appointments, and employment re-

ferral tracking. Also included is the management of

the Career Information and Development System

(CIDS), the Bermuda Job Board, and the central filing

system. Maintenance of the E-1 Accounting proc-

esses and procedures will also be carried out to en-

sure accurate monitoring of the budget throughout this

financial year.

Madam Chairman, Career Development Ad-

ministration is also responsible for understanding cur-

rent employment trends, as well as the needs of job

searchers and design services to support them. Man-

agement supports the synergy between the Career

Development Section and the Department of Financial

Assistance for their unemployed clients and the De-

partment of Immigration in regards to Work Permit

Policies.

I will now reference cost centre 70400, Career

Development, variance versus 2016/17, found on

page B-319 of the Budget Book. The original Estimate

for 2015/16 was $412,000, with four employees. The

estimate for 2016/17 is $419,000, the number of em-

ployees remaining at four. This is an increase of

$7,000, or 2 per cent. Madam Chairman, the Career

Development Section is normally fully staffed by four

full-time Career Development officers. Currently, one

post is vacant due to Ms. Judy Teart acting in the

manager’s post. The total wages are $362,299, or 87

per cent of the total cost for this subaccount. The re-

maining cost of $56,400, or 13 per cent of the total

cost, relates to the expenses for providing staff train-

ing, client assessments, and marketing and office ma-

terials to assist the section in performing its duties.

The Career Development Section has a spe-

cific emphasis on job readiness, soft skills, and prepa-

ration for employment. The Career Development Sec-

tion (a) provides career guidance, which helps indi-

viduals to gain greater self-awareness in areas such

as interests, values, abilities, work personality, and

motivation; (b) connects individuals to labour market

information and resources so that they can become

more knowledgeable about employment trends and

occupations; (c) engages persons in the decision-

making process in order for them to be able to choose

a career path that is well-suited to their own interests,

values, abilities, and work style; and (d) assists indi-

viduals to be active managers of their career paths,

including managing career transitions and job

searches.

Over the past few years, we have experi-

enced considerable economic challenges. Accord-

ingly, there have been limited employment opportuni-

ties available. Presently, there are 2,655 persons reg-

istered with the Career Development Section as either

unemployed or seeking alternative employment. Ac-

cording to the 2015 Labour Force Survey Executive

Report, the unemployment rate was measured at

7 per cent, a decline from the 9 per cent reported in

2014. We are hopeful that this trend will continue in

the coming year. We have seen a notable increase in

entrepreneurism over the past year, and we encour-

age business ownership as a viable option to em-

ployment and job creation.

Madam Chairman, Career Development offi-

cers provide career guidance and job readiness sup-

port, and administer comprehensive career and skills

assessments to develop Individualised Career Plans.

Clients may be referred to internal and external ser-

vices or training providers to minimise employment

barriers and maximise employment opportunities.

Support is provided to assist clients in identifying per-

sonal strengths and areas for development, to facili-

tate decision-making around realistic career goals;

develop a plan of action; and ensure job prepared-

ness and suitability to access job opportunities.

Career Development officers also build work-

ing relationships with employers to facilitate success-

ful employment referrals and remain abreast of indus-

try trends. During the year, 644 candidates were re-

ferred to employers’ requests as a requirement of the

Work Permit Policies-Restricted Job Categories. This

resulted in 82, or 13 per cent, of those persons re-

ferred being hired.

The Career Development Section performed

an extensive review and redevelopment of its policies

and procedures. The hiring freeze has challenged the

section to look at ways of working more efficiently with

less and make every effort towards continuous and

Official Hansard Report 7 March 2016 1243

Bermuda House of Assembly

quality improvement. The new policies and proce-

dures took effect August 3

, 2015, and will help the

section to achieve that end. To assist with the devel-

opment of the new policies and procedures, the sec-

tion engaged management consulting services to

conduct a comprehensive review of its services.

The review aimed to design a best practice

model that would lead to greater effectiveness and a

more rewarding experience for the customer. This

resulted in clear and distinct intake processes to im-

prove customer service levels and minimise waiting

time. Scheduled appointments with Career Develop-

ment officers were also incorporated to improve effi-

ciency and maximise client interaction with the de-

partment. Additionally, the section is moving to an all-

electronic filing system to improve efficiency.

Madam Chairman, the Career Development

Section highlighted success stories in the Royal Ga-

zette this year. Officers were specifically mentioned

for providing support, encouragement, and job place-

ment assistance to the featured individuals. Janae

Armstrong, Human Resources Administrative Assis-

tant; Stanford Bradshaw, Outlet Captain; and Gail

Lightbourne, Corrections Officer secured employment

with the Ministry of Education, 1609 Fairmont Hamil-

ton, and the Department of Corrections, respectively.

We intend to continue to highlight department suc-

cesses to showcase the good work of officers, as well

as provide hope and encouragement to others.

The Career Development Section has agreed

to partner with the Centre on Philanthropy as a re-

source talent pool for non-profit organisations. This

section will launch a pilot programme in the coming

months which will ensure that specific technical and

soft skills training is provided to unemployed candi-

dates listed on the Career Development database in

order to support the charities in gaining trained admin-

istrative personnel needed to carry out their mandate.

It is envisioned that these opportunities will be on a

temporary basis initially, with huge potential to trans-

late into substantial employment. We are excited

about the partnership with the Centre on Philanthropy

and the opportunity this presents for our clients.

Madam Chairman, we have been challenged

to be more creative, innovative, and efficient with ser-

vice delivery. In an effort to address the needs of our

clients and adequately prepare them for today’s work-

force, we have forged partnerships with the Depart-

ment of Community and Cultural Affairs, Community

Education and Development Programme, and the

Centre on Philanthropy to extend more training oppor-

tunities to the unemployed. [These] entities have a

broad offering of workshops and short-term training

designed to assist with skills upgrade and job prepar-

edness. These programmes will complement our Ca-

reer Development services. Additionally, the Commu-

nity Education and Development Programme is set to

launch day sessions, which will prove convenient for

job searchers.

We genuinely want job searchers to be suc-

cessful with these training programmes. Thus, we are

currently enquiring with the Department of Public

Transportation regarding the possibility of securing

bus passes or vouchers for our clients on a need ba-

sis while they participate in the recommended training

and workshops. We are sensitive to the length of un-

employment many have experienced and are aware

of potential barriers (i.e., financial and transportation)

that may prohibit their ability to participate in work-

shops and training to retool or enhance their job

search.

Madam Chairman, the Career Development

Section has engaged in multiple outreach initiatives

and facilitated workshops to educate the public on

department services, as well as assist Bermudians as

follows:

• Corporation of Hamilton Staff—the section

provided a Career Development Workshop to

the Corporation of Hamilton staff, which fo-

cused on career options and self-directed

succession planning;

• CedarBridge Academy—the section facilitated

an Interview Skills Workshop for 100 Men on

Campus. The invitation is extended for 100

men to participate in various activities on the

campus and share knowledge with the stu-

dents;

• Mid-Atlantic Wellness Institute—the section

supported the Vocational Rehabilitation pro-

gramme, by providing an orientation to the

department’s services for their clients;

• Technology Leadership Forum (TLF)—the

section provided an Interview Skills and Ca-

reer Preparation Workshop for university stu-

dents participating in the programme;

• Mount Saint Agnes School—team members

from the Career Development and Training

Sections attended the School Career Day,

sharing career, training, and labour market in-

formation with high school students;

• The department co-sponsored a forum with

the Bermuda Economic Development Corpo-

ration (BEDC), the Department of National

Security, and Mirrors. The forum was held at

Cambridge Beaches to inform West End resi-

dents on department programmes, services,

and career opportunities available in Ber-

muda;

• Financial Assistance—officers also facilitated

monthly orientation sessions for Financial As-

sistance clients. The presentation’s emphasis

is an orientation to services of the section,

department initiatives, goal setting, and driv-

ing their personal career plan. We have been

working very closely with the Director of Fi-

nancial Assistance to reduce the number of

required job searches (weekly) for those cli-

ents actively engaged in our training initia-

1244 7 March 2016 Official Hansard Report

Bermuda House of Assembly

tives. This will allow the clients to focus more

efforts on their training to better prepare for

opportunities.

Madam Chairman, additionally, there is in-

creased opportunity for officers to coach clients

around a more targeted and strategic approach to job

search for positions they are suitably qualified for.

These workshops have been well received by those in

attendance, who are challenged to consider retooling

to better position themselves for current employment

opportunities.

This past year saw Bermuda Gas employees

affected by the closure of the showroom. To support

the company, as well as the staff affected by redun-

dancy, the section facilitated several résumé and in-

terview skills workshops. All staff made redundant

participated in the sessions, which also provided an

overview of department services to encourage contin-

ued support and assistance. Those affected were cus-

tomer service representatives, service technicians,

appliance delivery persons, and sales consultants.

A Career Development representative meets

monthly as an active member of the Youth Develop-

ment Empowerment Zone [YDZ] Steering Committee.

The zone partners include the Family Centre, Ber-

muda Economic Development Corporation, Bermuda

Police Service, Bermuda Coalition, Faith Deliverance

Centre, and the Bermuda Housing Corporation. The

partnership aims to assist youth and families in the

North East Hamilton Zone area. The section also par-

ticipated in a Block Party and Walkabout Community

Outreach initiative coordinated by the YDZ Committee

to provide information on community resources.

The department issued a Request for Pro-

posal to upgrade the existing Bermuda Job Board

software and augment the functionality. Fireminds, a

local software development company, was awarded

the project. The work commenced September 2015,

and the enhancements were introduced into the live

environment on January 23

, 2016. The most signifi-

cant enhancements of the recent Bermuda Job Board

upgrades include the following:

• software upgrade from ASP to ASP.Net;

• enhanced security;

• browser compatibility;

• increased website speed;

• expiring work permits;

• recruitment feedback prompts for employers;

• immigration reporting;

• employment status prompts for candidates;

• resources for job searcher.

Madam Chairman, allow me to elaborate

briefly on the most impactful modifications for both

candidates and employers. The expiring work permit

feature displays potential job opportunities, outlining

the requisite skills, qualifications, and job summary

details. This has been achieved by interfacing the

Bermuda Job Board (Job Board) with the Department

of Immigration database. Expiring work permit infor-

mation will be visible to the public as work permits are

approved. There are potential employment opportuni-

ties where work permits are currently approved.

Equipping job searchers with very detailed information

on expiring work permits affords the opportunity to

plan, prepare for and, potentially, qualify for specific

jobs should they become available upon [work permit]

expiry.

The Job Board now requires employer feed-

back on recruitment activity for Job Board applicants.

This will help capture the success of the Job Board,

as well as the number of hires resulting from use of

this recruitment tool. Warnings and eventual account

blocks are now incorporated to help obtain these data.

Reporting for the Department of Immigration, as re-

quired by the new work permit policies, has been en-

hanced to reflect the recruitment efforts. For Job

Board candidates, warnings and account blocks have

also been incorporated to prompt users to update their

employment status. Madam Chairman, additionally,

candidates will find a resource page that links to rele-

vant job search help on résumés, interviewing skills,

and much more, to assist job searchers with market-

ing their skills and presenting as a strong applicant.

We were careful to have considerable dia-

logue with both employers and job searchers on the

Job Board upgrades. Employers and job searchers

also played an integral role in testing the enhance-

ments. More important, multiple information sessions

were held with employer groups, namely, the Ber-

muda Human Resource Association (BHRA), Ber-

muda Employer’s Council (BEC), Association of Inter-

national Companies (ABIC), Chamber of Commerce,

and the Bermuda Hotel Association (BHA). These

sessions provided an opportunity to inform [those pre-

sent] of the Job Board changes. In addition, the time

frame in which the sessions were held enabled sev-

eral of the recommendations to be realised in the live

production environment when the enhancements were

launched on January 23

, 2016.

The feedback from employers and job

searchers has been invaluable. In keeping with best

practice, there will be ongoing, continuous quality im-

provement. The Job Board upgrades were made pos-

sible with the collaboration and hard work of the fol-

lowing organisations: Fireminds, LANSA, W&W Solu-

tions Ltd., Department of E-Government, Govern-

ment’s Information Technology Office, and the De-

partment of Immigration. The partnership with Logic

(formerly CableVision) continues to make the Job

Board listings available for viewing on Channel 87.

Madam Chairman, with the launch of the Job

Board, access to information on current job opportuni-

ties has broadened. As of Monday, March 1

, 2016,

the Job Board has 6,971 candidates registered and

1,190 employers registered, and there are 164 avail-

able jobs posted. The Job Board continues to see

Official Hansard Report 7 March 2016 1245

Bermuda House of Assembly

considerable activity, with 40,046 job applications

submitted to date since its initial launch.

Weekly Job Board training sessions were held

in order to assist the general public and clients of the

department to build their online profile and upload per-

tinent documents such as a résumé and written refer-

ences. These training sessions will continue with the

new additions to the Job Board and to assist individu-

als desiring to register or obtain information on build-

ing strong candidate profiles. A technical officer is also

available to assist employers with posting adverts or

addressing any queries to operating the Job Board.

We continue to recognise the need for soft

skills training. Career Development officers were in-

vited to present a series of workshops for those stu-

dents pursuing the City & Guilds Employability Skills

Award. Approximately 120 students participated in the

sessions, which were interactive and focused on be-

haviour, health, and safety in the workplace. Students

were actively engaged and were required to prepare a

report on the workshop as evidence for their City &

Guilds Portfolio. The section will continue to maintain

this partnership, as it is vital for ensuring that our

young people understand appropriate work ethic and

the skills and qualities employers seek in employees.

CedarBridge Academy has recognised the depart-

ment as a useful resource to augment the College and

Career Course.

The Career Development’s outreach extended

to television, where representatives from the section

participated in a promotional series on CITV pro-

gramming. The series highlighted and informed the

listening public on matters relating to the department’s

services, training, and successful outcomes for clients

served. Clients were featured in this programme and

spoke about their experience with the department.

The Career Development Section successfully

completed the Certified Tourism Ambassador training

and achieved certification as a standard promoted by

the Bermuda Tourism Authority. Career Development

staff also participated in a workshop for Complying

with Protecting Vulnerable Persons (PVP) require-

ments. This session was held in April 2015. The sec-

tion also participated in a roundtable discussion with

several stakeholders to discuss the Human Rights Act

and proposed revised legislation.

Madam Chairman, Programme 6004 is the

Training Section, found on page B-319. There are

three cost centres: cost centre 70014, Training Ad-

ministration; cost centre 70015, Certification; and

cost centre 70016, Apprenticeship and Professional

Development;

The Training Section budget allocation for

2016/17 is set at $2,808,000. The comparative budget

figure for 2015/16 was $2,778,000. This will result in a

decrease of $30,000, [or a 1 per cent decrease from

the 2015/16 budget expenditure].

Cost centre 70014, Training Administration,

variance versus 2016/17 is found on page B-319. The

original estimate for 2015/16 was $232,000, with two

employees. The estimate for 2016/17 is $244,000.

The number of employees is unchanged. This is an

increase of $12,000, or 5 per cent. Madam Chairman,

the section is staffed by two full-time employees con-

sisting of a Training Manager and an Administrative

Assistant. The total wages is $195,314, or 80 per cent

of the total cost for this programme. The other cost of

$49,000, or 20 per cent, relates to general expenses

such as advertising, board and committee meeting

fees, materials, and office supplies. The variance in

this cost centre is $12,000, or approximately 5 per

cent more than the year 2015/16. The difference is

mainly due to the board increasing its members from

13 to 20.

The purpose of this cost centre is to provide

management and administrative support to the Train-

ing Section. Additionally, administration and oversight

of board activities is performed with specific guidance

to ensure delivery of projects in a timely manner. All

correspondence, payments, and prescribed legislated

exercises are carried out within this programme.

During this period, the Training Manager con-

sulted with the Parliamentary Counsel and her team of

drafters to create new regulations with respect to add-

ing the occupation of Power Engineer as a Desig-

nated Trade requiring compulsory certification. This is

in compliance with the National Occupational Certifi-

cation Act 2004. One of the key responsibilities of Par-

liamentary Counsel is to subject policy ideas to a rig-

orous intellectual and legal analysis, and to clarify and

express legislative propositions.

The drafting stage is often the first at which

the policy as a whole is subjected to meticulous scru-

tiny. Following this review by counsel, the draft regula-

tions will be examined and then approved by industry

prior to forwarding for discussion to this Honourable

House. You will recall in an early mention of this brief

that there appears to be promise of growth in the con-

struction sector in the near future. As a result, the Na-

tional Training Plan Part 2 captures the importance of

individuals being in possession of certifications to evi-

dence their proficiency levels.

Madam Chairman, over the past two years,

MyFuture.Bermuda and a representative from the de-

partment have been working towards the design and

development of a twenty-first century workforce tool to

record the career movement of individuals within the

Bermuda workforce. Unlike any others, this tool is ex-

pected to capture one’s needs, desires, and chal-

lenges in respect to his or her own employment activi-

ties. The tool, the combination of the

www.myfuture.bm web portal, national registration

and robust database, provides a foundation to support

all workforce development initiatives, public, private,

and non-profit.

This comprehensive database will comple-

ment the work that the department carries out and will

offer an opportunity to have a central national data-

1246 7 March 2016 Official Hansard Report

Bermuda House of Assembly

base that can provide live and direct statistics on

workforce status. The department appreciates the

support provided by MyFuture.Bermuda in helping to

align its strategy to build a stronger workforce by pro-

viding employers access to a pool of highly talented

and skilled individuals, assist employees with oppor-

tunities to upskill and track their career progression

with a view to retaining marketability, and provide

guidance to job searchers to obtain suitable positions

in an environment that is culturally diverse and glob-

ally competitive.

The members of the MyFuture.Bermuda

Board are committed to collaborating with the National

Training Board to effect some of the recommenda-

tions contained in the coming National Training Plan

Part 2. The National Training Board heavily relies on

the assistance they receive from the personnel in this

cost centre. Volumes of administrative and coordi-

nated support are provided to the board to ensure that

their mandate is achieved.

Cost centre 70015—Certification, variance

versus 2016/17, is found on page B-319. The original

estimate for 2015/16 was $1,069,000, with two em-

ployees. The estimate for 2016/17 is $552,000, with

the number of employees remaining at two. This

represents a decrease of $517,000, or 48 per cent.

Madam Chairman, the staff complement for

this section is two full-time Standard and Enforcement

officers for a budget of $197,862, or 36 per cent of the

total cost of this section. This section is currently

staffed by one Standard and Enforcement officer, with

one vacancy, which it was hoped would have been

filled prior to the completion of this fiscal year. As a

result of the current hiring freeze guidelines, the de-

partment recently advertised internally for a suitable

candidate. This is an opportunity for a mature, per-

sonable individual who can build relations with indus-

try to create national standards that will, over time,

sustain the activities in the workforce. These positions

will no doubt play an integral part in the activities

around the new construction developments over the

course of the next decade.

The variance in this cost centre represents a

decrease of $517,000, or approximately 48 per cent

less than the 2015/16 budget year. The reduction is

mainly due to reclassifying $500,000 budget costs for

the Summer Employment Programme to cost centre

70016, Apprentice and Professional Development.

This allocation is to support government-funded train-

ing schemes and national certification of designated

trades programmes. The department continues to

work with industry partners to ensure collaboration

before the implementation of standards. The Con-

struction Association of Bermuda [CAOB] plays an

important role in this process.

The department continues to have a great

deal of success with young Bermudians in maritime

programmes. Participants in these programmes must

have good skills in math, English and at least one sci-

ence-based subject. There is currently a global short-

age of English-speaking seafarers, especially officers

and engineers. Each time a new vessel is added to a

fleet, it increases the need for more seafarers. The

demand is real, and as a result, the Philippines estab-

lished their own merchant marine academy. There are

lots of merchant ships to choose from. They include

modern ferries, container ships, luxury cruise liners,

oil [vessels], large commercial yachts, gas and chemi-

cal tankers, as well as support vessels for the offshore

exploration industry such as the R/V Atlantic Explorer,

which is owned and operated by BIOS (the Bermuda

Institute of Ocean Sciences).

Madam Chairman, international marine trans-

port carries materials that are essential for life, often

over long distances and in large quantities. It is crucial

that seafarers have a high degree of expertise and

professionalism if the industry is to discharge its du-

ties to maintain safe operations and protect the envi-

ronment. Few industries offer as many diverse and

interesting career options. The required training often

leads to the acquisition of internationally sought-after

qualifications. Much of the training is hands-on to en-

able trainees to understand and learn the many critical

tasks and routines that are needed to support a ves-

sel’s safe and efficient operation at sea. Trainees par-

ticipate in genuine real-life experiences in which they

are expected to work hard and learn at the same time.

Madam Chairman, Mr. Ty-Rique Berkeley is

currently sailing aboard the Barque Picton Castle, a

three-masted tall ship based in Nova Scotia, Canada.

This vessel is best known for training programmes

which allow cadets to explore some exotic tropical

ports and islands while learning seamanship and

navigational techniques. The time spent on board as-

sists cadets in achieving the required sea time to re-

ceive an international maritime certification. Mr.

Berkeley joined the ship in September of 2015 and will

complete his voyage by April 2016. The ports that

they have visited so far are Flores, Azores; Porto

Santo, Madeira; Essaouira, Morocco; the Canary Is-

lands; Dakar, Senegal; and Cape Verde. Soon they

will travel to various ports in the Caribbean.

Every day, the cadets are responsible for car-

rying out certain tasks on the ship. These include, but

are not limited to, working with the engineer, learning

how diesel engines operate and how to carry out ba-

sic maintenance checks; building structures with the

carpenter in the communities visited to provide the

natives with additional shelter; cleaning the decks and

living spaces; learning navigation by use of apparatus

and the stars; and retaining the correct methods of

tying knots and splicing ropes.

Madam Chairman, the department is proud to

report that three graduates from Warsach, UK, who

were showcased in the last budget report, remain

working on vessels to acquire additional sea hours in

an attempt to position themselves for promotional op-

portunities.

Official Hansard Report 7 March 2016 1247

Bermuda House of Assembly

The Chairman: Excuse me, Minister. You have 10

minutes.

Mr. Sylvan D. Richards, Jr.: I am going to skip.

[Inaudible interjection]

Mr. Sylvan D. Richards, Jr.: I have been skipping.

I am going to skip to cost centre 70016, Ap-

prentice and Professional Development, variance ver-

sus 2016/17, found on page B-319. The original esti-

mate for 2015/16 was $1,477,000, with three employ-

ees. The estimate for 2016/17 is [$2,012,000], with

three employees, no change. This represents an in-

crease of $535,000, or a 36 per cent increase.

Madam Chairman, the full staff complement

for this cost centre is three full-time Training and As-

sessment officers. A budget of $286,248, or 14 per

cent of the total budget, is for staffing.

Madam Chairman, the variance in this cost

centre represents an increase of $535,000, or ap-

proximately 36 per cent more than the 2015/16 budget

year. The increase is mainly due to reclassifying

$500,000 budget costs for the Summer Employment

Programme from cost centre 70015, Certification, as

previously mentioned.

Madam Chairman, the Summer Employment

Programme is a major initiative for this section, which

met with yet another successful year. A total of 102

college and university students received the opportu-

nity to work in their area of study. Each student re-

ceived the maximum, 10-week placement, with a

$5,000 stipend. Students were placed across gov-

ernment, private, and non-profit sectors. The Minister

hosted an intimate luncheon with a few of the pro-

gramme participants to learn of students’ work experi-

ences. Madam Chairman, the following include some

of the experiences and exposure the Summer Em-

ployment Programme offers to students:

• International Business (Commerce and Actu-

arial Science);

• Law (Criminology and Justice);

• Business (Management, Human Resources,

Accounting, Marketing);

• Health (Biomedical Science, Pre-Medical,

Physical and Occupational Therapy, Speech

Pathology);

• Graphic Design (Character Animation);

• Sciences (Marine Biology, Conservation,

Chemistry);

• Education (Special Education, Child and Fam-

ily Studies);

• Engineering (Mechanical); and

• Human Services (Psychology, Social Work,

Sociology).

Madam Chairman, the department has suc-

cessfully tracked the Summer Employment applicants

for the past five years by use of the

www.careers.gov.bm database. There are sufficient

data to assist employers in determining the future tal-

ent pools for Bermuda. This information will support

the National Training Board with implementation of

Part 2 of the National Training Plan.

Madam Chairman, we are pleased to inform

that this year, college students will have the opportu-

nity to apply for internships overseas with the London

Office. There will be a total of two paid internships,

one of which will span over the course of the summer,

July and August 2016, and the other will be afforded

to a recent college graduate with a Bachelor’s Degree

in Law, Finance or International Relations. The post-

graduate internship will extend for a period of six

months, beginning in July 2016. The department will

be working closely with the London Office to provide

support for this exciting initiative.

Madam Chairman, the purpose of this section

is to provide financial support towards costs associ-

ated with training and development. Individuals who

are 18 years or older wanting to expand their skills,

knowledge, and aptitude at varying levels of education

are assisted by the department to realise their goals

and objectives. Financial support is provided to indi-

viduals pursuing further education in both local and

overseas institutions.

Madam Chairman, as a result of the economic

climate, the National Training Board elected to in-

crease the overseas student scholarship awards from

$5,000 to $10,000 annually, subject to all require-

ments being met and maintained. These further edu-

cation awards are provided to students attending ac-

credited institutions for a period not to exceed four

years.

The Adult Education School (AES) and CARE

appreciate the financial support provided by the de-

partment. The department provides a fee-for-service

for those adult learners who meet their criteria. With-

out the support of the department, these adult learn-

ers would not have the financial means to access the

assessment and educational services. The depart-

ment, in partnership, ensures that adult learners have

a second chance to become literate and numerate,

achieve a high school equivalency diploma, transition

successfully into the workplace or further education,

or upgrade their skills.

Madam Chairman, the department co-

sponsors the Construction Association of Bermuda

Scholarship Awards from year to year. Essentially, the

department provides a funding match not to exceed

$30,000 per year. Scholarships in this instance are

granted to outstanding students studying towards pro-

fessional and managerial degrees in construction-

related areas of concentration. This year, there were

three recipients for this award, as follows:

• Kurt Repose received a $10,000 award. He

entered his first year at University of South-

ampton, UK, in anticipation of receiving a de-

gree in mechanical engineering;

1248 7 March 2016 Official Hansard Report

Bermuda House of Assembly

• Kobe Richardson is attempting to obtain a

Bachelor’s Degree in Engineering at Purdue

University in the US. He received the second

$10,000 award;

• Vernon Santee Symonds-Dill was awarded

$5,000. He is a first-year student in the Me-

chanical Engineering Program at Niagara Col-

lege, Canada.

A large portion of the funds held in this cost

centre is utilised to assist young people in obtaining

entry-level positions through apprenticeships. Quality

apprenticeships are successful because of the strong

public/private partnerships that exist to promote a

young person’s transition from education to employ-

ment. According to the 2015 Labour Force Survey

Executive Report, the unemployment rate for eco-

nomically active persons in the age category 16 to 24

years old in Bermuda was 23 per cent.

Madam Chairman, technical and knowledge

elements of the apprenticeship training are now some-

times provided in the workplace by use of electronic

media. In that regard, the department will enter into a

Memorandum of Understanding with a UK provider to

set up a virtual classroom.

Madam Chairman, the department has a great

working relationship with the Fairmont Southampton

Princess Hotel. They are committed to developing

Bermudians in the area of culinary arts. In February

2016, three apprentices attended Holland College,

Prince Edward Island, Canada, to participate in the

Culinary Institute of Canada five-week Release Cook

Course. Two of them will participate in the Block 2

Programme, whilst the remaining apprentice engages

in introductory-level training. The Block 2 apprentices

have acquired the relevant number of work hours to

qualify them to sit the Red Seal International Certifica-

tion exam. An Interprovincial Red Seal gives the ap-

prentice the ability to work anywhere in the world. It is

a mark of excellence for a chosen trade and a highly

recognised designation by employers. The hotel chain

has seen up to six Bermudians receive their Red Seal

Certification in Culinary Arts to date.

Madam Chairman, the Capital Acquisitions

budget for the department is found on page C-14. The

original estimate for 2015/16 was $130,000. The esti-

mate for 2016/17 is zero, which represents a de-

crease of $130,000. The 2015/16 capital projects

budget provided for the development of the Bermuda

Job Board Phase 2 integration with the Department of

Immigration (Work Permits). There is no capital pro-

ject planned for the year 2016/17.

Madam Chairman, the revenue budget for the

Department of Workforce Development is found on

page B-320. The original estimate in 2015/16 was

$20,000. The estimate for 2016/17 is $10,000, which

represents a $10,000 difference. The purpose of this

budget is to show revenues expected from fees

charged to applicants for National Certifications during

2016/17. The statutory application fee for each appli-

cant for certification is $265. The staff resources and

the projected construction developments will consider

how the department will move forward in this area.

Madam Chairman, the Department of Work-

force Development continues to provide services to

employees, employers and job searchers, which

strengthen the workforce in alignment with interna-

tional standards and promotes sustainability and sta-

bility within the community.

As I conclude my presentation, I would like to

take this opportunity to acknowledge the hardworking

staff of the Department of Workforce Development led

by Director, Mr. George Outerbridge, and his man-

agement team: Mrs. Pandora Glasford, Training Man-

ager; Mrs. Gabrielle Cann, acting Labour Relations

Manager; and Mrs. Judy Teart, the acting Career De-

velopment Manager. This group is at the forefront of

assisting Bermudians during these challenging eco-

nomic times.

Madam Chairman, this now concludes my

budget presentation for Head 60 and the Ministry of

Home Affairs.

Thank you Madam Chairman.

[Inaudible interjection]

The Chairman: I am sorry; we have run out of time.

Minister?

An Hon. Member: No!

[Inaudible interjections]

The Chairman: Do you want to move the heads?

An Hon. Member: Move the heads, man. Move the

heads.

[Crosstalk]

Mr. Sylvan D. Richards, Jr.: Madam Chairman, I

move that Head 32 and Head 60 be approved.

The Chairman: It has been moved that Heads 32 and

60 be approved.

Is there any objection to that motion?

Some Hon. Members: No.

The Chairman: No objection.

Agreed to.

[Gavel]

[Motion carried: The Ministry of Home Affairs, Heads

32 and 60, were approved and stand part of the Esti-

mates of Revenue and Expenditure for the year

2016/17.]

Official Hansard Report 7 March 2016 1249

Bermuda House of Assembly

[Pause]

[Mr. Glen Smith, Chairman]

The Chairman: Good evening. We continue the Esti-

mates of Revenue and Expenditures for the year

2016/17 for the Ministry of Health, Heads 21, 22, 24

and 91. Four hours have been allocated to this head. I

call on the Minister of Health, Seniors and the Envi-

ronment, the Honourable Jeanne Atherden, to pro-

ceed.

[Pause]

The Chairman: Starting at 11:42.

Hon. Jeanne J. Atherden: Oh, yes, that would be

good.

MINISTRY OF HEALTH

HEAD 21—MINISTRY OF HEALTH, SENIORS AND

THE ENVIRONMENT HEADQUARTERS

Hon. Jeanne J. Atherden: Mr. Chairman, the current

account estimates for Head 21, Ministry of Health,

Seniors and Environment Headquarters, begin on

page B-125 of the Estimates Book. A total of $9.732

million has been allocated for this head, which repre-

sents 5 per cent of the budget allocated for the Minis-

try as a whole.

The allocation for headquarters saw a 27 per

cent decrease over the previous year, or $3.613 mil-

lion, due mainly to the transfer of the FutureCare capi-

tal to the Health Insurance, Head 91, which serves to

locate this funding where it is actually spent.

Mr. Chairman, Head 21 is charged with pro-

viding strategic direction, policy guidance, manage-

ment and coordination of services operated by the

Ministry of Health, Seniors and Environment. There

are three programmes, subdivided into 11 cost cen-

tres, within Head 21 that I will review in turn. The pro-

grammes are listed on page B-125:

• 2101—General, which includes Grants, Ad-

ministration and Policy Development;

• 2102—the Office of the Chief Medical Officer;

and

• 2103—the National Office for Seniors and

Physically Challenged, now renamed the Age-

ing and Disability Services.

The Ministry Headquarters’ long-term objec-

tives are set out on page B-125 and include:

• ensuring that the residents of Bermuda have

the ability to secure affordable health insur-

ance which enables access to essential health

services;

• addressing quality by ensuring that our health

services are safe and effective;

• working to ensure our health system is effi-

cient to improve its financial sustainability and

population health;

• holding the Ministry accountable and ensuring

effective and transparent leadership.

General Administration—2101. Mr. Chairman,

the overall general budget has decreased by $3.416

million, or 37 per cent, when compared to the budget

for 2015/16. As I indicated, this was largely due to a

reallocation in budget mentioned earlier. However,

there is also a $221,000 decrease resulting from re-

ductions in Grants Administration, 31015, and Corpo-

rate Services, 31020.

General Administration—31000. The General

Administration budget was reduced by $3.195 million,

or 67 per cent compared to 2015/16. The capital injec-

tion for the Government’s affordable insurance plans

was historically placed under this business unit and

then vired to the Health Insurance Department to pay

for policyholders’ insurance claims. This was ineffi-

cient, so the allocation has now been transferred to

the correct business unit.

The $1.6 million General Administration

budget provides for the funding of eight headquarters

staff who conduct accounting and operations man-

agement functions, and covers operational, adminis-

trative, and utility expenses for the Ministry Headquar-

ters.

[Grants] Administration—31015. Mr. Chair-

man, the Ministry Headquarters provides funding for

various organisations that deliver services to the

community. On page C-17 is the list of the grants

awarded for 2016/17, as follows:

• LCCA for Overseas Medical Care ($2.862 mil-

lion);

• The Nursing Council ($45,000);

• Bermuda Health Council ($800,000);

• Age Concern ($38,000);

• Admiralty House Senior Islanders Club

($42,000);

• The Sexual Assault Resource Team

($10,000);

• Public Health Scholarships ($69,000); and

• Tomorrow’s Voices ($13,000).

Mr. Chairman, these organisations provide

essential services to the community and the Ministry

of Health, Seniors and Environment. Unfortunately, to

meet the budget caps necessary across government,

Grants Administration was reduced by $190,000, or

5 per cent; and we were not able to provide all the

funding that was requested. The grants, like the allo-

cation to ministry departments, were reduced due to

the available fiscal space. However, some grants, like

that to the LCCA, which is targeted at the most vul-

nerable populations, we hope will reflect the Island’s

capacity to better meet health care needs locally.

1250 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Bermuda Health Council

Hon. Jeanne J. Atherden: Mr. Chairman, the Current

Account Estimates for the Bermuda Health Council

(BHeC) can be found under Head 21, Grants, on page

C-17. The Bermuda Health Council, celebrating its

anniversary year this year as a quango, was es-

tablished in 2006 to regulate, coordinate and enhance

the delivery of health services on our Island. It has a

broad mandate, which contributes most efficiently to

the stewardship of Bermuda’s health system.

Mr. Chairman, the grant for the Bermuda

Health Council in 2015/16 was $841,700. This is ap-

proximately two-thirds of the council’s annual operat-

ing costs of $1.3 million, the budget required for the

council to operate at minimum capacity. Since April

2014, the balance has been raised through a transfer

from the Mutual Reinsurance Fund; the MRF transfer

for 2015/16 is one dollar per insured person per

[month].

Mr. Chairman, Fiscal Year 2015/16 has been

a highly productive one for the Health Council. Of sig-

nificance was the tabling of the council’s Audited Fi-

nancial Statements and Annual Report 2014/15 within

the first parliamentary session following year-end in

August 2015.

Mr. Chairman, in the Fiscal Year 2015/16, the

work of the Bermuda Health Council was centred on

four strategic areas: care quality and standards, regu-

lation, health system financing economics, and audit

and governance. Some highlights of the year’s

achievements are as follows:

Care Quality and Standards: Mr. Chairman,

the Health Council facilitated the Clinical Guidelines

Symposium in May 2015, bringing international

speakers Dr. Michael LeFevre (then Co-Chair of the

US Preventive Services Task Force) and Dr. Gilbert

Welch (author of Overdiagnosed: Making People Sick

in the Pursuit of Health) to Bermuda. The symposium

underscored the importance of implementing evi-

dence-based screening guidelines for select condi-

tions, in collaboration with the medical community,

and highlighted the Health Council’s focus on quality

of care, which is what should matter most about the

health system in any community.

The Health Council is also focused on identi-

fying those who are delivering quality care. Mr.

Chairman, the council has a mandate to regulate

health professionals by monitoring licensing, certifica-

tion, standards and codes of practice to ensure quality

controls by professional boards. The council monitors

professional statutory boards and produces an annual

report of their performance with respect to registers,

licensing, and complaints-handling procedures. The

report assists the Ministry in determining annual board

appointments.

Mr. Chairman, the council publishes profes-

sional registers on its website, which provides an eas-

ily accessible record for the public of registered health

professionals on the Island. The Health Council’s

pages for professionals are among the most visited on

its website.

Mr. Chairman, to further improve the quality of

health care in Bermuda, the Health Council is collabo-

rating with the Council for Allied Health Professions to

introduce new standards of practice for allied health

professionals. This complements standards that have

already been released for physicians, nurses, phar-

macists, and dentists. The public are already benefit-

ing from information to the public about what to expect

from their health professional.

Regulations: Mr. Chairman, at this point it is

worth reminding Members of the House, stakeholders,

and the public that the regulatory powers of the Health

Council are expanding. Section 13 of the Health

Council Act is being enacted to allow the council au-

thority to license health care businesses. In Septem-

ber 2015, the Health Council began a voluntary regis-

tration process, which saw some 215 out of 281,

77 per cent, of businesses register with the Health

Council after meeting certain basic standards. Enact-

ing section 13 will allow the Health Council to enhance

patient safety, control financially vested referrals,

minimise duplication of services by monitoring the en-

try of health technology, and better plan for our health

system.

The Health Council has stepped up its en-

forcement of employers’ compliance with the Health

Insurance Act 1970 to ensure employees and their

non-employed spouses receive the mandated health

insurance coverage. Mr. Chairman, between April and

November 2015, the Health Council investigated

complaints representing 2,079 employees; after inves-

tigation, 72 per cent (1,489) of employees regained

active insurance coverage. In June 2015, the Health

Council began publishing the names of employers

without active health insurance policies, on its web-

site. To date, 25 employers’ names have been pub-

lished and 18 have reinstated their health insurance

policies. Mr. Chairman, publication has led to a 45 per

cent decrease in the number of reported inactive

health insurance policies.

Mr. Chairman, in 2013, the Health Council in-

troduced a new Home Medical Services benefit per

the Health Insurance (Standard Hospital Benefit)

Regulations. This has enabled patients to receive se-

lect medical procedures, such as IV therapy and

wound care, in their homes, payable by all private and

public insurers. In 2014/15, the Home Medical Ser-

vices benefit yielded savings of $437,520 to the health

system and was successful in enabling care to be de-

livered outside the acute care setting. The Health

Council will be looking to expand this programme in

the future.

Health System Financing and Economics: Mr.

Chairman, a much-anticipated report from the Health

Council each year is the annual National Health Ac-

counts Report, which details Bermuda’s health ex-

Official Hansard Report 7 March 2016 1251

Bermuda House of Assembly

penditure and financing over time. In the fiscal year

ending 31

of March 2014, our health system cost

$693 million dollars, or $11,188 per person. Of note is

the decrease in overseas care expenditures by $5

million from Fiscal Year 2013/14.

In addition, Mr. Chairman, every year the

Health Council conducts the actuarial review of the

Standard Premium Rate and publishes the Actuarial

Review Report inclusive of premiums for the Mutual

Reinsurance Fund and the Standard Health Benefit.

This report provides a measure of accountability as

we pursue sustainable financing of the mandated ba-

sic health insurance package.

Mr. Chairman, a critical aspect to enhancing

public health education and directing health policy is

the strategic development of local data resources.

Although it is essential to leverage the research and

recommendations borne through the international en-

vironment, Bermuda’s own economic and social con-

text mediates the effectiveness of any proposed inter-

vention. During the past fiscal year, the council dili-

gently collaborated with stakeholders to improve the

collection and availability of local health system data.

Public Education: Mr. Chairman, public edu-

cation is vital in curbing the Island’s health costs, and

the Health Council has continued its highly successful

information campaign called SnapFacts. This was in

addition to the council’s other public awareness initia-

tives, including news articles, a quarterly newsletter,

and social media outreach. The council has presented

at one international event this year—the International

Health Economics Association World Congress—and

several local events this year.

Mr. Chairman, looking forward to 2016/17,

the Bermuda Health Council is well placed to continue

to achieve its mandate and add value to the health

system through regulation, monitoring, and quality

improvement. In particular, the Health Council has

been tasked with controlling financially vested refer-

rals and the entry of health technology, implementing

a unique patient identifier, and coordinating implemen-

tation of the Bermuda Health Strategy and the Ber-

muda Health Action Plan. In addition, the Health

Council will implement robust data analytics and visu-

alisation of the expanding set of local data for more

timely input into health system discussions.

Lastly, Mr. Chairman, I would like to express

my sincere gratitude to the 2015 Bermuda Health

Council board members, whose expertise and dedica-

tion contributed to these achievements.

Corporate Services

Hon. Jeanne J. Atherden: Corporate Services—

31020: The Corporate Services Unit (CSU) budget

can be found on page B-125 of the Budget Book. Mr.

Chairman, you will note that the budget for Corporate

Services will decrease by $31,000, or 9 per cent. This

leaves a budget of $311,000 compared to the prior

year’s budget of $342,000. This was achieved largely

by removing the allocation for consultants.

There is currently one policy analyst who is

mandated to address the policy needs across the Min-

istry, which is very critical to the Ministry. In 2015/16,

to meet budget caps, the Ministry froze two policy

analyst posts under this business unit, and they re-

main unfunded and vacant, with the inevitable conse-

quences of limiting the Ministry’s capacity to meet

regulatory updates.

Corporate Services' responsibilities include

policy development, research and analysis, legislative

review, and direct service delivery. In addition, Mr.

Chairman, Corporate Services is responsible for PATI

[Public Access to Information] within the Ministry

Headquarters. I am very pleased to report that Minis-

try Headquarters has met all PATI requirements since

the law came into effect on April 1

, 2015. Headquar-

ters has received four requests, which were duly han-

dled in compliance with the Act.

Office of the Chief Medical Officer

Hon. Jeanne J. Atherden: Mr. Chairman, the budget

for the Office of the Chief Medical Officer (CMO) can

be found on page B-125 of the Budget Book. Mr.

Chairman, you will note that the budget for Office of

the CMO will decrease by $46,000, or 5 per cent

compared to 2015/16. This leaves a budget of

$876,000 to:

• conduct the major part of the regulation of

2,600 health care professionals in Bermuda,

representing more than $73 million of total

health spending on the Island;

• regulate pharmaceuticals, representing more

than $42 million of total health spending; and

• control public health outbreaks of unquantified

dollar value due to the associated reputational

risks for the country.

Mr. Chairman, the cost of the Office of the

CMO is far exceeded by its value to Bermuda and her

people.

Mr. Chairman, a weighty responsibility to pro-

tect and promote the health of Bermuda’s citizens is

placed on the Office of the Chief Medical Officer, as is

placed on all the departments of the Ministry. The Of-

fice of the CMO has a singular perspective of the Is-

land’s health system, which provides unique opportu-

nities to assist this goal. Its vast statutory remit re-

quires specific health protection actions and gives the

office authority to assure that the health and well-

being of the Island’s population are safeguarded and

optimised.

Staff in the Office of the CMO take these re-

sponsibilities very seriously, and work tirelessly and

with determination to address the multitude of re-

quests, queries, concerns, complaints, and public

health incidents which occur throughout the year. The

1252 7 March 2016 Official Hansard Report

Bermuda House of Assembly

office is also poised and preparing at all times in an-

ticipation of future threats to the health and safety of

our community.

The Office of the CMO comprises two cost

centres—31030, Administration and Research, and

31040, Epidemiology and Surveillance. I would like to

address them each separately, although the office

team of staff labour collaboratively, side by side, to

undertake the duties of the office and to meet public

expectations.

This is the third year of operation for the office

as a separate entity within the Ministry, distinct from

the Department of Health, following the organisational

restructuring in August 2012.

Mr. Chairman, the total approved budget in

2016/17 for the two costs centres in the Office of the

CMO is $876,000. This represents a $46,000 de-

crease, or 5 per cent reduction compared to the previ-

ous year. The budget supports basic statutory re-

quirements delivered by the six full-time employees

and a consultant medical and pharmacy professional.

The budget for cost centre 31030, Healthcare

Registration and Regulation, is $581,000 in fiscal year

2016/17. This funds three full-time salaries and the

various statutory operations and services of the Of-

fice, which I will briefly summarize.

Expert guidance and support from interna-

tional authorities are a necessity for a small jurisdic-

tion such as Bermuda. Support is secured from inter-

national public health authorities, the Pan American

Health Organization-World Health Organization

(PAHO-WHO), and regional authority, Caribbean Pub-

lic Health Agency (CARPHA), by payment of annual

subscription fees. These agencies provide technical

assistance on demand as well as written guidance

and hands-on training for public health workers

throughout the year.

The framework for the responsibilities and

activities of the Office of the CMO is guided by the

“Essential Public Health Services” of the WHO and

CDC which include:

• monitoring the health status of the community

to identify problems and direct resources;

• investigating health problems and hazards in

the community, such as infectious disease

outbreaks;

• informing people about health issues and em-

powering them to protect themselves;

• mobilizing community partnerships and col-

laborations to address complex threats such

as preparing for natural disasters, and public

health emergencies like pandemics, or the in-

troduction of new infectious diseases; and

• facilitating multi-sectoral problem-solving re-

quired to mitigate the threat posed by uncon-

trolled chronic non-communicable diseases.

The Office of the CMO also has the unique

role of assuring that the registered health care profes-

sionals on the Island are adequately trained and quali-

fied to meet the needs of the population, and that the

mix of professionals and their numbers are appropri-

ate for the anticipated needs of the Island.

This year, the Registers of the approximately

2600 health care professionals have been brought up

to date with the provision of the resource of a Regis-

trations Manager dedicated to this function. This al-

lows timely publication of Registers for medical practi-

tioners, dental health professions, pharmacists, allied

health professionals such as dieticians, occupational

therapists and physical therapists, and opticians and

optometrists.

Previously unregistered professionals, the

Emergency Medical Personnel were registered for the

first time this year, and dental professionals under-

went their inaugural re-registration.

Mr. Chairman, while these labour-intensive

registration and re-registration processes have histori-

cally been conducted on paper with manual proc-

esses, it is anticipated that in the coming year funding

of this cost centre will allow for automation of some of

the registration processes using credentialing soft-

ware. This enhancement will allow the Office of the

CMO to focus more resources on assuring ongoing

professional competency and compliance with “stan-

dards of practice” for all health care professionals.

In the coming year, attention will be given to

encouraging the use of evidence-based, best clinical

practice among all health care providers. Success in

this area is required to help reduce the impact of

chronic non-communicable diseases on our popula-

tion. This will require collaboration and agreement

among many stakeholders in different disciplines, and

fostering these collaborative agreements is part of the

public health leadership role of the Office of the CMO.

Mr. Chairman, the Healthcare Registration

and Regulation cost centre also focuses on policy de-

velopment to improve the regulatory capacity of the

Bermuda Medical Council. With the guidance of the

Ministry’s single Policy Analyst, the Medical Practitio-

ners Act 1950 was amended to address critical defi-

ciencies which limited its efficiency in handling com-

plaints and disciplinary processes.

In the year ahead, this effort will continue, with

a view to ensuring Bermuda’s Medical Practitioners

Act is comprehensively reviewed to allow it to more

effectively address the regulatory requirements of this

new millennium. In particular, new powers should in-

clude new regulations for “fitness to practice” and

medical workforce planning. Policy development re-

lated to regulatory compliance monitoring and com-

plaints-handling processes will continue to be a key

focus in the coming year.

This cost centre also assures that drugs and

pharmaceutical products entering Bermuda are veri-

fiably safe and that controlled drugs are delivered to

legitimate licensed importers, and are not illegally di-

verted.

Official Hansard Report 7 March 2016 1253

Bermuda House of Assembly

Attending to these essential public health

functions occupied much of the resources of the Of-

fice of the CMO, and these priorities will be main-

tained in the year ahead.

Finally, the budgeted funds in the Healthcare

Registration and Regulation cost centre are also used

to provide Customs duty relief (or subsidy) for medical

equipment and appliances, and accessibility devices

for disabled individuals, charities and agencies which

serve public health needs. These funds for duty relief

have been gradually reduced over the years, and in

the coming year a formal process for vetting such re-

quests will be created to assure appropriate prioritiza-

tion of requests.

Mr. Chairman, the Epidemiology and Surveil-

lance Unit, or ESU, cost centre 31040, upholds two of

the most critical health protection functions in public

health. It identifies health threats through ongoing

community surveillance efforts and garners the re-

sources to address them. Its approved budget in

2016/17 is $295,000, [and] 85 per cent of this covers

three full-time salaries to deliver monitoring and con-

trol services.

The ESU provides routine monitoring of dis-

ease occurrence on the Island, investigates outbreaks

of communicable diseases, and assures clinical case

management of affected individuals. This includes

providing education and support to institutions and

facilities where outbreaks occur. Mortality statistics are

collected and analysed by the ESU, and as of this

year have been brought current.

The ESU takes a lead role in public health

emergency preparedness and this year developed

and updated protocols for the management of serious

infectious diseases such as Ebola, as well as dis-

seminated information about emerging infections such

as Chikungunya and Zika virus.

The ESU also provides statistical expertise to

conduct community health assessments, such as the

STEPS to a Well Bermuda survey conducted in 2014.

The results of this chronic disease risk factor survey

were analysed, validated, interpreted and dissemi-

nated to health partners during 2015.

Fact sheets with the STEPS survey data were

posted sequentially on the www.health.gov.bm web-

site beginning in July 2015 and the final report, com-

pleted in the past month, has been shared with public

health partners. The data from household interviews

of 1,195 randomly selected Bermudians provided

valuable confirmation that the crisis of chronic dis-

eases is not over.

Mr. Chairman, diseases such as diabetes,

hypertension and chronic kidney disease show no

signs of ending in the foreseeable future. Risk factors

for these diseases are at significantly high levels and

must be addressed. Smoking, excessive alcohol con-

sumption, unhealthy diet, and sedentary lifestyle are

documented as the most [important] risk factors for

Bermudians, and reducing these risk factors in our

population will become the highest priority of the Of-

fice of the CMO in the year ahead.

Projects directed at reducing chronic NCD risk

factors will be undertaken by the ESU. These will in-

clude creating chronic disease registers to monitor the

prevalence of specified chronic diseases and evaluat-

ing progress over time.

Mr. Chairman, the public health data obtained

by the ESU guides the many activities of the Ministry

which aim to protect and promote the health of all

Bermuda residents.

The most coordinated effort to use these data

occurs within the context of the Well Bermuda Health

Promotion partnerships. Collaborative planning in this

area has begun and will intensify in the coming year.

The surveillance information on chronic NCDs which

is collected by the ESU will be used to direct strategic

action to prevent and control these diseases and im-

prove the health of the island.

Ageing and Disability Services

Hon. Jeanne J. Atherden: Mr. Chairman, the Current

Account Estimates for the Ministry’s Ageing and Dis-

ability Services can be found listed as the National

Office for Seniors and the Physically Challenged (the

Office) under Head 21, on page B–125.

The Ageing and Disability Services, or ADS,

has a budget of $2.985 million, representing a 5 per

cent decrease over the previous year, or a $151,000

reduction. ADS operates three programmes:

• the Office for Ageing—31145,

• the Office of the Disabled—31140, and

• the K. Margaret Carter Centre, comprised of

the former Orange Valley Centre—31150, and

• Opportunity Workshop—31155.

As of April 1

, 2016, Ageing and Disability

Services will merge its programmes and relocate re-

sources to one cost centre, 31135. In addition,

K. Margaret Carter Centre will occupy cost centre

31160.

Mr. Chairman, ADS was established with the

mission to facilitate improved quality of life for seniors

and persons with intellectual and physical disabilities

through assurance coordination and delivery of pro-

grammes in collaboration with a public/private network

of stakeholders. Its small team works tirelessly to as-

sist hundreds of persons every year through direct

interventions, and indirectly through regulation of

homes and care providers.

ADS coordinates its work through pro-

grammes focused on ageing, on disability, and the K.

Margaret Carter Centre. These are supported by

compliance enforcement and case management.

Rebranding

1254 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Hon. Jeanne J. Atherden: Mr. Chairman, the prede-

cessor to the Ageing and Disability Services was

known as the National Office for Seniors and the

Physically Challenged. The former entity was created

in 2000 to centralize the coordination of services for

these populations, but the mission has since ex-

panded.

ADS now serves as a repository of services,

information, and assistance for those in need among

seniors and disabled persons and has a new organ-

izational structure to better serve the population and

conduct regulatory functions.

As of September 1

, 2015 the National Office

for Seniors and the Physically Challenged was re-

named Ageing and Disability Services (ADS). Great

improvements have flowed from this and more are

anticipated. For example, this year saw a great deal of

outreach to improve regulation of care homes, and in

the coming year we will be amending legislation re-

lated to seniors and exploring the creation of an Office

of the Public Guardian.

Disabilities

Hon. Jeanne J. Atherden: Mr. Chairman, ADS De-

velops and coordinates programmes and services that

promote improved quality of life for persons with dis-

abilities. The Disabilities section has three full-time

positions, which are in the process of being filled.

ADS’s work within Disabilities is not a single

agency effort. The Office works with many other

stakeholders to ensure that initiatives and pro-

grammes geared to persons with disabilities are suc-

cessful.

On August 28

, 2015, the National Accessibil-

ity Advisory Council (NAAC) was approved to be re-

named Disability Advisory Council (DAC). While the

National Accessibility Advisory Council spoke to ac-

cessibility, it did not fully speak to persons with dis-

abilities. The previous name was not clear to the cli-

ents they served or to the public they had to inform

and educate.

An important component of ADS’s work re-

volves around increased employment for persons with

disabilities:

• Adopting the International Labour Organiza-

tion report (2013); Employment Training Divi-

sion at Opportunity Workshop linked clients to

various business resources. To date 90 per

cent of the clients have been placed in com-

munity-based employment, while 85 per cent

participate in in-house contract work.

• Through the Training/Employment and Pro-

duction initiatives, clients continue to acquire

workforce skills, and productive community

partnerships are being developed with respect

to job opportunities.

In addition, awareness-raising is a critical

component of ADS’s activities:

• The Office held a One Day Accessibility

Seminar (March 12

, 2015) promoting Ber-

muda’s new building code 2014. Mr. Richard

Duncan, Executive Director Universal Design

Institute, discussed marine and dock access

as well as restrooms guidelines outlined in the

American Standard Institute.

• The UN International Day of Persons with

Disabilities was held on December 3

, 2015.

The event hosted a walk from the flag pole on

Front Street to City Hall along with Community

Organizations which [help those with] disabili-

ties in Bermuda.

Mr. Chairman, ADS also has under its remit

the K. Margaret Carter Centre to provide direct sup-

port for persons with cognitive disabilities in the com-

munity. K. Margaret Carter Centre has a budget of

$1.963 million to fund 15 staff delivering direct client

services formerly known as Opportunity Workshop

and Orange Valley.

Opportunity Workshop and the Orange Valley

Centre were amalgamated on June 1

, 2015, and

were renamed the K. Margaret Carter Centre. It is a

Government-managed training and production centre

that provides vibrant, ability-focused enrichment pro-

grammes and training for persons with disabilities

aged 18 to 50-plus.

Components of their integrated production

programmes are:

• Employment Training;

• Functional Skills;

• Production Centres;

• Wellness;

• Treatment (Occupational Therapy Services);

• Adult Day Centre.

Ageing

Hon. Jeanne J. Atherden: Mr. Chairman, seniors are

a central focus for ADS, and the primary functions in

this regard are case management, compliance, advo-

cacy, and awareness.

ADS develops and coordinates services for

seniors and their families in addition to providing case

management. The Ageing section has four full-time

positions. Although not all are filled at present, the

Ministry is in the process of recruiting. Most of the

work supporting seniors is in the form of case man-

agement, regulation of homes, and the senior abuse

Case Management

Hon. Jeanne J. Atherden: Mr. Chairman, ADS man-

ages intervention cases for seniors and persons with

disabilities to connect persons with the right services

Official Hansard Report 7 March 2016 1255

Bermuda House of Assembly

and follow up with the relevant authorities where the

circumstances require it.

In 2015, the Case Management team man-

aged 230 cases. Not all case management cases are

abuse cases, but many of the cases are complex and

require constant monitoring. Others are resolved once

the client’s concern has been addressed, a short-term

need is met, or long-term placement has been se-

cured.

Compliance

Hon. Jeanne J. Atherden: Mr. Chairman, ADS con-

ducts two vital components of regulation to protect

seniors and persons with disabilities.

The Senior Abuse Register Act 2008 is de-

signed to bring awareness to Bermuda regarding sen-

ior abuse, protect seniors from abuse, provide for the

mandatory reporting of abuse, initiate investigation of

alleged senior abuse; and establish a register of per-

sons who have been convicted of abusing a senior.

In 2015, there were 16 investigated cases of

alleged abuse. Abuse types are defined as: psycho-

logical/emotional, physical, sexual, and financial ex-

ploitation. These cases were either investigated and

subsequently case managed by the Case Manage-

ment Team alongside the Registrar for the Senior

Abuse Act, or referred to the Bermuda Police Service

for further investigation.

The Residential Care Homes and Nursing

Homes Act 1999 is overseen by the Chief Medical

Officer, but its enforcement is conducted by ADS with

respect to complaints and inspections. In this regard:

• All homes, with the exception of one, were in-

spected in August 2015. The inspections were

performed by a multidisciplinary team of

health care professionals. A separate inspec-

tion is conducted by the Bermuda Fire and

Rescue Service. Fire safety is an area of con-

cern as some homes are challenged to meet

the required standards.

• The Ministry of Health, Seniors and Environ-

ment is developing regulations to monitor and

enforce compliance with the Residential Care

Home and Nursing Home (RCH) regulations.

Resource constraints previously limited these

capacities. As of August 2015, legislation

governing RCH standards was translated into

specific compliance indicators. These were

disseminated to each home.

• Each home inspected was audited and a “re-

port card” of compliance was issued. Follow-

ing this, education sessions with administra-

tors/owners have been held and are ongoing

to increase understanding and build capacity

for compliance. In the interim, many of the

homes have been issued a conditional regis-

tration status which expires March 31, 2016.

Renewal of registration requires attainment of

the minimal legislative standards and regula-

tory requirements. Annual registration occurs

April 1

of every year.

• As regulators, ADS recognizes the need to

give administrators/owners sufficient time and

guidance to meet international best practice

standards. In the foreseeable future, best

practice standards will be encouraged and ul-

timately enforced under the amended legisla-

tion governing the licensing, operation and

standard of care in residential care homes

and nursing homes throughout Bermuda.

• Homes that scored 85 per cent and above

were registered based on the current mini-

mum legislative standard. If a home scored

between 65 per cent and 84 per cent they

were granted a conditional registration. Condi-

tional registration expires March 31

, 2016.

• The standing of each home, based on the re-

sults of the auditing and registration process,

was published on the Ministry’s website as

part of ADS’s regulatory function. This infor-

mation was also shared with the Bermuda

Health Council for their register of health care

providers.

Education and Awareness

Hon. Jeanne J. Atherden: Lastly, Mr. Chairman,

ADS undertakes significant awareness-raising activi-

ties to direct the public to information and resources.

This year, as a result of the creation of the

new ADS, appropriate resources in cost centre 31145

were dedicated to public education on the new entity,

including an ADS-hosted Seniors’ Fair and Luncheon

with several community vendors on September 3

2015.

Each organization had a display table to high-

light their services, and seniors had the opportunity to

visit stalls and collect a myriad of information on their

area of interest. Lunch was provided and raffles were

held with grand prizes of a prescription voucher from

People’s Pharmacy and a food voucher from Market-

place. The event was very well received by the senior

community.

Mr. Chairman, in addition, other significant

outreach opportunities included staff presentations at

various events from senior seminars and luncheons to

accessibility trade shows. They are highlighted as fol-

lows:

• Senior’s Luncheon [at Hamilton Seventh-Day

Adventist Church];

• Senior’s Luncheon [at St. Paul’s AME

Church];

• Bermuda Small Business Development Sen-

iors’ Seminar;

• Department of E-Commerce Seniors’ Tech-

nology Fair;

1256 7 March 2016 Official Hansard Report

Bermuda House of Assembly

• Gorham’s Home Show (Promoting Seniors);

• Coldwell Banker Home Show;

• Presentation to Bermuda Architects.

Mr. Chairman, as you and my honourable col-

leagues can see, the portfolio of work under Head-

quarters, Head 21 is not purely administrative. The

bulk of it, in fact, pertains to regulation and direct ser-

vice provision for vulnerable populations. The Ministry

and all its staff are committed to raising standards for

Bermuda’s residents and they work long hours self-

lessly to ensure our community is well served, and the

vulnerable are protected.

Mr. Chairman, that concludes my remarks on

Head 21.

HEAD 22—DEPARTMENT OF HEALTH

Hon. Jeanne J. Atherden: Mr. Chairman, the man-

date of the Department of Health is to protect and

promote the health of the Island’s residents and to

assure conditions where people can be healthy and

thrive. There are 263 Department of Health employ-

ees, page B-134, who collaborate with numerous Well

Bermuda Partners, to achieve this.

Mr. Chairman, the department’s vision is

Healthy People in Healthy Communities. The Depart-

ment of Health exists to increase the capacity of every

citizen to achieve optimal health and well-being

through the entire life course with emphasis on pre-

vention through healthier lifestyles and environments.

High blood pressure, smoking, high choles-

terol, obesity, low fruit and vegetable consumption,

physical inactivity, and alcohol are the preventable

chronic disease risk factors that are prevalent in Ber-

muda and that must be brought under control. Of the

adult population, 42 per cent has three or more of

these risk factors as determined by STEPS 2014.

Mr. Chairman, we cannot afford to be apa-

thetic about Bermuda’s STEPS survey results. These

results should keep us awake at night and we need to

be doing much more to make a difference! For exam-

ple, 75 per cent of the adult population is overweight

or obese. The risk of illness and death from poor life-

style is far greater than the risk of infectious disease,

accidents, or murder for our population, even if we do

not yet perceive this to be the case. Until this truth is

acknowledged and accepted, prevention of chronic

diseases may not be adequately resourced or ad-

dressed.

Mr. Chairman, Bermuda is not achieving satis-

factory health outcomes. To change population health

for the better we must improve lifestyles. We are on a

slide towards a tipping point of chronic sickness which

will create its own economic catastrophe and erosion

of quality of life. Inequity, declining educational

achievement, an obesogenic environment, high-risk

behaviours involving substance abuse, reckless driv-

ing, and violence are determinants of the ill-health

outcomes we are experiencing.

The Department of Health leads the challenge

of helping residents to make healthier choices, to

adopt healthier lifestyles and be part of healthy com-

munities. Health is something everyone needs to

value, wellness is something that everyone needs to

advocate for and support, and health needs to be

considered and included in all policies.

Mr. Chairman, the current account estimates

for the entire Department of Health begins on page B-

131 of the Estimates Book. A total of $26,965,813 has

been allocated. The 2016/17 budget estimate for the

Administration Section is listed as cost centre 32230,

on page B-132, and is $471,856.

Mr. Chairman, the performance and output

measures for the Department of Health are shown on

pages B-135 to B-142. These measures, developed

by the Programme/Business Unit Managers, can be

used to help measure the effectiveness and impact of

the programme activities. There are 26 business units

in the department.

Revenues are projected to reach $3,453,066

for 2016/17. These estimates can be found on page

B-133. These revenues come from the sale of medi-

cations, vaccines and biologicals, fees for clinical ser-

vices, patient fees from the two long-term care facili-

ties, as well as fees for licences and permits.

Mr. Chairman, the Department of Health has

adopted an overarching strategic theme for this year

which is “To halt the rise in obesity and diabetes.” The

goal is to focus on work that will assure that the obe-

sity and diabetes rates do not increase over the com-

ing years, with the long-term goal of reversing current

trends. Each business unit has been devising its own

measures and interventions related to this overarching

theme. It is certain that theme will roll over for another

12 months as there is much work to do.

Mr. Chairman, the Department of Health

serves the population of Bermuda from birth into old

age. This Budget brief is organised as a longitudinal

journey through touch points that individuals have with

the Department of Health through their life course and

illustrates the scope and value of the department ser-

vices provided.

Mr. Chairman, the mission of the Maternal

Health and Family Planning Clinic is to provide high

quality, accessible, and affordable reproductive health

services, to promote planned parenthood amongst

women of reproductive age and to offer antenatal and

postnatal care for women who are underinsured/ un-

insured.

The 2016/17 budget estimate for Maternal

Health and Family Planning is listed as cost centre

32040, on page B-131, and the 2016/17 estimate is

$505,206. Performance measures can be found on

page B-135.

Family planning services, reproductive health

services, and treatments and medications for preg-

Official Hansard Report 7 March 2016 1257

Bermuda House of Assembly

nant women (including prenatal vitamins) are pro-

vided. Medications are offered at reduced cost and all

clients are eligible to receive treatment despite their

financial challenges.

Maternal Health promotes and runs childbirth

classes, school health talks, and mans a stall at health

fairs and “Harbour Nights.” Several Public Health Ser-

vice Announcements were created to educate the

public about obesity/gestational diabetes and the

“Benefits of Planning a Pregnancy.”

The Maternal Health team consists of one

Medical Officer, two Public Health Nurses, one Re-

ceptionist, and one Programme Manager and has

three clinics (Hamilton, St. George and Somerset).

Maternal Health Clinics had a total of 4,342 client vis-

its in 2015/16.

Mr. Chairman, the first five years of life have

so much to do with how the next 80 turn out. Ad-

vanced practice nurses called Health Visitors help

ensure a healthy start for every child born in Bermuda.

The Health Visitor’s role is supporting new parents to

feel confident in their parenting skills and to provide

the best opportunities for their baby and thereby help

support the health and well-being of the family. They

provide advice on healthy choices, e.g., breastfeed-

ing, perform development reviews to ensure the child

is reaching their full potential, support families with

specific difficulties such as postnatal depression, and

work in partnership with specialist services to support

families with additional needs, e.g., speech and lan-

guage therapists.

The Health Visitor training programme with

the University of Cumbria has been re-established.

Two community health nurses from Child Health have

embarked on the training programme. Their work allo-

cation includes two days per week as a trainee Health

Visitor. The Health Visitor students function under the

supervision of the recently qualified Health Visitors

that hold Community Practice Teacher designations

through the same institution. This is an important ini-

tiative that affords sustainability for staff development

and strengthening of public health competencies.

Mr. Chairman, the Expanded Programme on

Immunization assures universal access to routine

childhood immunizations for all infants and children

through public and private sector services and as-

sures that children are protected against disease and

infection.

Estimates for infants and children aged zero

to twenty-four months appropriately immunized was

91 per cent. The occurrence of pertussis in Bermuda

has been a concern in 2015. Accurate immunization

coverage calculations have been impacted by prob-

lems with the information system. A task group has

been established to recommend a web-based Immu-

nization Registry for Bermuda.

Mr. Chairman, day care centres and child care

providers care for young infants and toddlers when

parents return to work. The Department of Health reg-

isters child care providers and licenses day care cen-

tres under the Children Act 1998 to assure parents

that their children are being cared for in safe and qual-

ity environments where they can play, develop and

thrive.

The Environmental Health Section adminis-

ters the licensing process and collaborates closely

with child protection officers, child development offi-

cers and health visitors in setting programme stan-

dards and ensuring quality of care.

Mr. Chairman, Occupational Therapy and

Physiotherapy Services are provided to maximize the

functional potential of individuals with delays in normal

motor development or with physical movement chal-

lenges.

The OT/PT Paediatric Team helps increase

early recognition of developmental delays and to pro-

vide equitable services for children and young people

with sensory motor delays. School age children with

additional learning needs due to complex health con-

ditions and/or sensory motor delays require regular

monitoring and intervention to retain their functional

ability and to access education.

This summer, a small team of paediatric

therapists teamed up with the WindReach summer

programme. Therapists provided monitoring and

treatment intervention to school age children with

complex needs and/or sensory motor delays. These

services proved beneficial in reducing the risk of re-

gression of motor skills prior to the start of school.

The school-based paediatric teams continue

to raise awareness of specific sensory motor chal-

lenges during primary one and preschool orientation

meetings with parents. The school-based teams de-

veloped and continue to distribute several brochures

highlighting the importance of motor skills in relation to

the school environment. The educational brochures

included “Motor Readiness for School,” “Fit to be

Tied”—information on footwear, “Eyes Front”—

identifying children at risk for visual problems, and “Is

Your Backpack Safe?”

Within the OT and PT Paediatric Team, dedi-

cated specialist OT and PTs provide early intervention

for babies and young children (zero to four years old)

at risk of developmental delays and/or disability. As-

sessment clinics take place on a bi-weekly basis to

quickly identify and provide intervention for children at

high risk of delays and decrease waitlist for services.

Mr. Chairman, a survey completed last year

on OT and PT early intervention services, revealed

78 per cent of survey respondents stating their expec-

tations were met or exceeded and 88 per cent stating

they would recommend the service. Last year 109

persons were referred to the OT/PT Early Intervention

Program with approximately 80 per cent of client as-

sessments completed within the established time

frame of 20 working days.

The Community Rehabilitation Program oper-

ated with approximately 80 to 85 per cent of its estab-

1258 7 March 2016 Official Hansard Report

Bermuda House of Assembly

lished officers for part of 2015. Challenges to meet the

increasing demand on services persisted with remain-

ing staff resources stretched as a result. Service

modifications were implemented to mitigate the effects

of the understaffing, with increased focus on preventa-

tive services and training for clients and their caregiv-

ers.

Mr. Chairman, the 2016/17 budget estimate

for Physiotherapy and Occupational Therapy is listed

as cost centres 32080 and 32120, on page B-131,

and the 2016-17 estimate is $1.070 million and

$930,756, respectively. Performance measures can

be found on pages B-136 and B-138.

Mr. Chairman, the Department of Health’s

Speech and Language Program provides community-

based speech therapy services. The Speech Lan-

guage Program consists of 14 Speech Language Pa-

thologists (SLPs) and one Program Coordinator. Of

these, three SLPs provide early intervention services

in collaboration with the Child Development Program

(CDP) (ages birth to four years), eight SLPs are

school-based across all levels of the Bermuda Gov-

ernment Schools (ages 4 to 18 years), one SLP pro-

vides services to the students with special needs who

attend Dame Marjorie Bean Hope Academy (age 4 to

18 years), and one SLP provides school-based ser-

vices to students who attend Bermuda’s private

schools and home schools.

The school-based SLPs screened approxi-

mately 450 incoming P1 Students between July and

September, 2015. By identifying the students requiring

support at entry level, intervention services can be

initiated earlier and be received more continuously by

these students throughout the school year.

Mr. Chairman, the objectives of the Speech

and Language Program are measured by:

• Responsiveness: The number and percentage

of clients who are evaluated within an accept-

able timeframe according to standard guide-

lines (i.e., three months from date of intake for

early intervention and 35 working days from

date of intake for school aged clients)

• Delivery: The number and percentage of cli-

ents who are assessed as needing interven-

tion, who are receiving intervention; and

• Improvement: The number and percentage of

clients, who have been re-evaluated within the

year, whose results indicate that their severity

rating has improved by one or more severity

levels.

During the course of 2015/16, wait times for

initial assessments, caseload sizes, and treatment

outcomes, as well as staff morale, have been nega-

tively affected by the hiring freeze and Voluntary Early

Retirement Incentive Plan which came into effect early

in 2015. Staff reductions resulted in an immediate im-

balance between the capacity and the demand for

SLP services. Permissions were granted to fill posts

with temporary relief SLPs, and to initiate the recruit-

ment process for the vacant posts, but the hiring

process is lengthy and there is not a ready pool of

Bermudian candidates from which to recruit. Morale

amongst remaining members of the SLP Team has

weakened as they attempt to manage the provision of

services with reduced capacity.

Despite these setbacks, a staff of 13 SLPs

has been providing services to 571 clients. Between

April 2015 and February 2016, there have been ap-

proximately 113 direct referrals received, and 70 new

assessments have been carried out. Due to the reduc-

tion of SLPs working in early intervention, time frame

guidelines for new referrals has, of necessity, been

extended to nine months from time of intake.

Mr. Chairman, in an effort to support clients

who have been waiting for therapy, the SLPs of the

Speech and Language Program have endeavoured to

offer increased opportunities to provide training and

general information so that parents and teachers can

work directly with children at home and at school.

Members of the Speech Language Pathology

Team have participated in events and presentations

such as:

• Parent Infant Groups, Children’s Annual

Reading Festival, Parent Training;

• Articulation and Language Workshops

[“Clearly Speaking” and “Talking It Up.”] The

Department of Education is implementing the

Multi-Tiered System of Support;

• Response to Intervention framework of in-

struction.

The SLP Team has implemented a Priority

Rating Scale (PRS), based on a client’s severity and

need, by which to better manage workloads in con-

junction with the MTSS. Several SLPs are piloting the

application of the PRS to their caseloads and coach-

ing their peers, with a view to improving the quality

and sustainability of the service.

Mr. Chairman, the 2016/17 budget estimate

for Speech and Language Services is listed as cost

centre 32100, on page B-131, and the 2016/17 budget

estimate is $1.54 million. Performance measures can

be found on page B-137.

Mr. Chairman, healthy children learn better.

Research has found that students’ health affects their

grades, attendance, behaviour, and whether they

graduate. And we also know that education is one of

the many social determinants that influence a per-

son’s health throughout their lifespan. Fortunately, the

Department of Health and the Department of Educa-

tion have a long and fruitful history of working together

to keep students safe and teach them healthy habits

and helping them to develop as human beings.

Mr. Chairman, Child Health’s School-based

programme provides health services via the school

nurses to the population of school children with em-

phasis on prevention and health education. P1 stu-

Official Hansard Report 7 March 2016 1259

Bermuda House of Assembly

dents screened according to the established protocol

was 65 per cent for 2015/16 school year. Asthma

education, management and monitoring are provided

for preschool and school age populations. Asthma

remains one of the leading causes of emergency

room visits. In collaboration with Nutrition Services,

Child Health's “Wildly Important Goal” (WIGs) is to

monitor lunches on P5 students as a strategy to ad-

dress obesity in schools.

Mr. Chairman, the 2016/17 budget estimate

for Child Health is listed as cost centre 32030, on

page B-131, and the 2016/17 budget estimate is

$1.73 million. Performance measures can be found on

page B-135.

The Child Health programme has operated

with 80 per cent of its established officers. The focus

has been on maintenance of programme goals for the

school-aged population and building a temporary in-

frastructure for capturing health information efficiently

by all categories of staff functioning in Child Health.

The existing health information system has not pro-

gressed with technological advances and [is] sub-

optimal for the purpose for which it was created, and

needs to be replaced.

Mr. Chairman, the 2016/17 budget estimate

for Oral Health is listed as cost centres 32150, 32155

and 32160, on page B-132, and the 2016/17 budget

estimate is $1.492 million. Performance measures can

be found commencing on page B-138.

Mr. Chairman, the Oral Health Section pro-

vides dental services to Bermuda’s children. Preven-

tion, consultation, and dental hygiene is provided for

children up to 18 years of age, as long as they remain

in school. The preventive dental staff visit each class-

room in the pre-school and primary school settings to

provide dental education. Fluoride supplementation in

the form of drops and tablets is provided in school or

at home, free of charge.

The section’s mission is: “To promote the oral

health of targeted vulnerable populations and, ulti-

mately, to promote an improved oral health status for

all Bermuda residents.”

Mr. Chairman, international best practices re-

quire that children should start their first dental visit at

age one and have periodic check-ups every six

months with cleanings and fluoride treatments as

needed. Comprehensive dental care services used to

be provided by the department in the clinical setting.

However, the section has not been able to

meet all of its commitments due to staff shortages. For

the last year the shortages have been serious and

clinical waiting lists and contingency measures have

been in place. Researching options for changes in the

fluoridation programme has had to be delayed. Com-

pletion of the Screen and Seal programme for the cur-

rent school year will not be completed as there will not

be sufficient staffing to complete the work. Approxi-

mately, 650 to 700 individuals remain to be screened

for sealant need, and steps have been taken to priori-

tize services to reach the populations where the

greatest change can be effected. Nevertheless, the

two greatest preventive initiatives for 2015/16 have

experienced setbacks.

Mr. Chairman, the Oral Health Section is

tasked with identifying trends in Oral Health in Ber-

muda. This includes looking at vulnerable groups in

the population and highlighting their needs.

The Screen and Seal programme for children

attending grades P2, P3, and M2 provides, at no cost,

dental screenings and sealants. The international oral

health benchmark is a count of DMFT which stands

for Decayed Missing and Filled Teeth per child at 12

years old. Bermuda’s average is 0.83 and the target

for the World Health Organization (WHO) for 2020 is

less than one. It can be said that the oral health of the

12-year old population on average is satisfactory.

Students with the highest utilization of seal-

ants have the lowest levels of decay, and the data

shows that there is wide inequity in the oral health of

the population. Half the child/adolescent population

has four times the amount of untreated decay at age

15.

Mr. Chairman, the elevated decay group is far

more likely to be uninsured or underinsured. Many

parents have dropped their insurance to save money.

The same group was about 70 per cent insured early

in the recession. Increasingly more parents have

dropped their children from their insurance in order to

save money. These parents are increasingly reliant on

the oral health clinics. These are the parents strug-

gling to find money even for simple toothbrushes.

Mr. Chairman, an example of the far-reaching

consequences of oral health follows. The section from

time to time has treated pregnant patients. Inflamma-

tion due to their oral infections had caused an in-

crease in the level of inflammatory proteins and risk of

premature birth. These same proteins can cause dia-

betes to be out of control and patients can be at

greater risk of heart attack. The potential cost of these

outcomes dwarfs the cost of prevention and treat-

ment.

Prevention and early intervention reduce the

cost of health care overall and can contribute to an

ultimate return to prosperity for many families. By con-

trast, poor oral health contributes to poor overall

health, poor self-image, reduced employability, and

higher health care costs.

Mr. Chairman, the Healthy Schools Pro-

gramme assures the connection between education

and health. Healthy Schools monitors compliance to

all school health policies, including the Nutrition Pol-

icy, the Vending Machine and Cafeteria Policy, Exclu-

sion for Diseases Policy, and the Oral Health Policy.

Compliance with the School Nutrition Policy is at is

91 per cent and more than 50 per cent of government

preschools and three primary schools allow only water

as a beverage throughout the day to be consumed by

both students and teachers.

1260 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Healthy Schools provides support to PE

teachers who require training or assistance in com-

pleting the Ministry of Education's Fitnessgram Pro-

gramme. Using standardized instrumentation student

assessments include collecting height, weight, and

Body Mass Index (BMI); and flexibility, anaerobic fit-

ness, aerobic fitness, and upper body strength as-

sessments are being conducted as the Fitnessgram is

being implemented in all schools, under the auspices

of the Premier’s Council on Fitness and Sports.

Mr. Chairman, School Nurses and Public

Health Nurses play a role in raising the capacity of

children to safeguard their own reproductive health as

they mature into sexually active adults.

The Department of Health provides the Com-

municable Disease Clinic and services to prevent and

control the spread of communicable diseases, edu-

cate the community about sexually transmitted infec-

tions, HIV, and other communicable infections, and

provide education to promote safer sex practices.

The 2016/17 budget estimate for the Commu-

nicable Disease Clinic is listed as cost centre 32050,

on page B-131, and the 2016/17 budget estimate is

$403,000. Performance measures can be found on

page B-136.

The core functions of the Communicable Dis-

ease Control Clinic (CDCC) are to control/prevent the

spread of communicable diseases; to provide screen-

ing and health education; to provide the public with

high quality, accessible and affordable health care

services; promote healthy lifestyles, and to provide

support and advocacy for clients diagnosed with HIV

with the desired result of promoting the sexual health

and reproductive integrity of male and female clients.

Testing, diagnosing, and medications con-

sume the bulk of the operational budget. The majority

of clients have no insurance to cover testing, or treat-

ment for sexually transmitted infections. The Commu-

nicable Disease Control Clinic has three health pro-

motional campaigns annually:

• Sexual and Reproductive Health in February

• HIV Awareness Month in June; and

• World AIDS Day in December.

Officers will soon be reporting to WHO on the

Elimination of Mother to Child Transmission of Con-

genital Syphilis and HIV in Bermuda.

The Clinic has implemented condom distribu-

tion to barber shops in the city of Hamilton. Health

Visitors assist with condom distribution to barber

shops in the eastern and western ends of the Island.

Female condoms are promoted in lingerie stores dur-

ing the month of February in time for Valentine’s Day.

Mr. Chairman, the Department of Health pro-

vides many services through the schools and clinics to

school children. As our young people mature and

move into the workforce, the Department of Health’s

role continues.

The environments in which we live and work

are some of the greatest determinants of health. Un-

satisfactory housing and workplace conditions can

foster illness and injury. The section of the Depart-

ment of Health that has oversight of these classic pub-

lic health roles is the Environmental Health team and

has an ongoing positive impact on the community, as

witnessed recently by the Vector Control Team’s ro-

dent and mosquito control.

Mr. Chairman, the 2016/17 budget estimate

for Environmental Health is listed as cost centres

32170, 32171, 32172, 32173, 32175, 32180, 32190

and 32270, on page B-132, and the 2016/17 budget

estimate is $3.234 million. Performance measures can

be found commencing on page B-139.

The Department of Health, Environmental

Health Section has three business units. Vector Con-

trol with 20 officers, Occupational Safety and Health

(two officers), and Environmental Health (seven offi-

cers). The section’s mission is to assure environ-

mental health, vector control, and safety by ensuring

maintenance of hygienic and safe conditions.

The Environmental Health inspectorate has

been significantly short-staffed causing districts to be

realigned, enlarged, and service levels reduced. Age-

ing computer data recording software is due for re-

placement and is hampering statistical and response

levels.

Mr. Chairman, Environmental Health Officers

are down from a team of 11 to 5 staff, and are there-

fore creating self-inspection reports for establishments

based on risk (i.e., low risk every three years with only

high-risk premises receiving annual inspection).

[There were] 965 establishments licensed with com-

mensurate inspections, compliance and foodborne

illness investigations. [There were] 75 participants

[who] participated in food safety courses conducted in

partnership with and at the Bermuda College as an

important effort in foodborne illness prevention and

capacity building.

Bermuda’s robust and regionally recognized

mosquito monitoring and control program is envied by

many in the region, predominantly for its preventative

approach, eliminating breeding sites. This is particu-

larly important with the increasing range and severity

of Dengue, Chikungunya, and now Zika virus infec-

tions.

Mr. Chairman, the Travel Health Clinic pro-

vides consultation and vaccination for travel abroad to

high-risk areas. There were 1,085 travel clinic consul-

tations and 300 travel follow-up visits in 2015. In addi-

tion, there were 679 adult immunizations, exclusive of

seasonal influenza. The increase in adult immuniza-

tions may be attributed to shingles vaccine administra-

tion, antenatal administration of tetanus diphtheria and

pertussis, as well as pneumococcal vaccine for high-

risk adults. Flu Express is well established with atten-

dance significantly increasing and one-third of the in-

Official Hansard Report 7 March 2016 1261

Bermuda House of Assembly

fluenza vaccine stock being administered within one

week of arrival via the Flu Express.

Mr. Chairman, plans are in advanced stage

for an Adult Preventive Healthcare service aimed at

reducing the incidence of non-communicable dis-

eases. The programme will focus on adults in identifi-

cation of modifiable risk factors of non-communicable

diseases, and a referral system for:

1) risk factor reduction;

2) provision of medical care and treatment

through linkage to the Enhanced Care pilot

programme of the Health Insurance Depart-

ment; and

3) social support services.

Focus has shifted toward the identification

and modification of the risk factors for chronic non-

communicable diseases through early identification

and risk reduction strategies.

The Adult Preventive Healthcare service fo-

cuses on disease prevention and health maintenance,

and is a model that identifies and manages health

risks of the population with an aim toward health and

independence, and will contribute to the fulfilment of

the goals of the Bermuda Health Strategy and the

Bermuda Health Action Plan 2014 to 2019:

• Increase the access to interventions to pre-

vent and manage non-communicable dis-

eases and their risk factors, in order to reduce

the burden of chronic non-communicable dis-

eases to Bermuda.

• Focus on reducing NCD risk factors

Mr. Chairman, last year saw 800 persons join

together in Celebrating Wellness, promoting the im-

portance of physical activity and healthy eating in Vic-

toria Park. The Health Promotion Office develops poli-

cies, products, and programmes that promote health

and wellness in the community, in collaboration with

Well Bermuda partners. STEPS survey data 2014 is

being used to inform policy development.

The Health Promotion Office facilitates the

advancement of the goals of the Well Bermuda,

Health Promotion Strategy. This multi-disciplinary

group, includes the Bermuda Hospitals Board, the

Bermuda Diabetes Association, the Bermuda Heart

Foundation, Family Centre, and the Bermuda Police

Service, plus three dozen other Civil Society partners.

In 2016, the Well Bermuda Strategy will be refreshed

and re-launched as Well Bermuda 2020 and aligned

with the Bermuda Health Strategy and Bermuda

Health Action Plan 2014 to 2019.

Mr. Chairman, when surveyed, about one-half

of residents indicate that they had recently seen or

heard public health messaging. Environmental Health

Services remains the most recognized programme,

closely followed by Child Health Services and the

Dental Health Programme. That said, overall a clear

majority of residents report having heard of each of

the department’s programmes and services including

the Physiotherapy and Occupational Therapy Service,

Blood Pressure Clinic, Speech Language Services,

Senior’s Health and Wellness Clinics, the STD Clinic,

and Nutrition Services.

Awareness of the Department of Health’s

campaign ads with the slogan, “One voice for a well

Bermuda” is moderate, with more than four-in-ten re-

porting having seen or heard the campaign’s slogan.

The main source of awareness of health-related in-

formation from the Department of Health is television

ads (51 per cent), closely followed by radio ads

(48 per cent). [Also,] 22 per cent of residents reported

having seen the messaging on bus ads this year,

while one-in-ten mentioned seeing the ads through

social media (i.e., Facebook/Twitter). We want to build

the department's social media presence. Please “like”

the Department of Health Bermuda on Facebook to

receive the latest updates of wellness activities un-

derway in your community.

The Health Promotion Office produced the

Health Promotion Calendar and distributed the Direc-

tory of Services. The calendar highlights health and

related observances that are recognised through ac-

tivities and are most relevant to Bermuda’s population

from the perspective of prevention and promotion.

Mr. Chairman, the 2016/17 budget estimate

for Health Promotion and Healthy Schools is listed as

cost centres 32240 and 32265, on page B-132, and

the 2016/17 budget estimate is $440,000. Perform-

ance measures can be found on page B-141.

Mr. Chairman, Nutrition Services continues to

promote the Dietary Guidelines and EatWell Plate to

improve healthy eating patterns and lifestyle behav-

iours. Most Well Bermuda Partners are both adopting

and utilizing the EatWell Plate Guidelines. The Argus

Group sponsored and supported the EatWell Plate

Guidelines via School Lunch Challenge where ap-

proximately 27 of 32 eligible schools participated.

Four out of five major supermarkets, one food

distributor and one restaurant have adopted and are

utilizing the EatWell Plate, and supporting the mes-

sage of the Nutrition Month “Eat More Vegetables.”

In support of the Department of Health to halt

the rise in diabetes and obesity within the community,

Nutrition Services has:

• Partnered with Child Development Program to

facilitate anthropometric assessments of two-

to four-year olds for the collection of baseline

data of overweight and obesity;

• Promoted sustainable gardening classes to

encourage eating more vegetables;

• Promoted and distributed starter plants to

seniors to encourage gardening and eating

more vegetables during Celebrating Wellness;

• Developed the “Ello” supermarket commercial

in promoting the EatWell Plate and Dietary

Guidelines;

1262 7 March 2016 Official Hansard Report

Bermuda House of Assembly

• Consulted with PAHO food and Nutrition Ad-

visor in the initiation of a National Nutrition

Policy and National Breastfeeding Policy.

Mr. Chairman, Community Health Nursing

promotes wellness and prevents illness through edu-

cation and health teachings, provides comfort and

care through its delicate nursing care interventions,

and emphasizes curative and rehabilitative interven-

tions through individualized efficient approaches.

Mr. Chairman, the 2016/17 budget estimate

for Community Health Nursing is listed as cost centre

32060, on page B-131, and the 2016/17 estimate is

$1.9 million. Performance measures can be found on

page B-136. Notably, 81 per cent of clients were seen

in 48 hours.

Educational DVDs and leaflets are utilised to

impart health education for healthy lifestyles. Commu-

nity Health Nurses reach out to the community by

hosting health screenings within various communities

such as churches, schools, and barber shops.

Community Health Nursing is assisting Health

Insurance and Financial Assistance with clinical as-

sessments for care providers amongst clients in the

community health to allow them to have the right

caregivers and to maintain them at home as long as

possible.

Mr. Chairman, Community Health Nursing

assists high school students to give them an under-

standing of health careers by Health Visitors serving

as preceptors for Bermuda College students during

their Child Health rotation weekly.

Community Health Nursing assisted with dis-

aster preparedness in manning the shelters and pro-

viding clinical and psychological support to those

housed in shelters during hurricanes.

SENIORS

Hon. Jeanne J. Atherden: Mr. Chairman, it is said

that how a community cares for its elders says a lot

about the community itself, because it is a demonstra-

tion of values like respect and gratitude to the contri-

bution of previous generations.

Through the Occupational Therapy (OT) and

Physiotherapy (PT) Programme, services are pro-

vided to maintain the functional ability of individuals

and to increase awareness of health prevention for

seniors. Increased awareness of key strategies and

skills to promote optimal functioning and quality of life

are needed for our ageing population.

The OT/PT Seniors Team aims to increase

awareness of health prevention for seniors and to

support clients to remain as independent as possible

in their own homes. Last year, home safety and/or fall

risk assessments were conducted for all eligible cli-

ents that were referred.

Client and caregiver training were routinely provided

to maximize function and promote “ageing in place.”

Mr. Chairman, the team continues to be in-

volved with interdisciplinary rest home inspections to

assure that all licensed facilities are in compliance

with rest home standards. Additionally, workshops for

rest homes and nursing homes were conducted to

decrease risk of falls and increase awareness of

equipment used to improve independence.

Last year 165 persons were referred to the

OT/PT Seniors Programme with approximately 85 per

cent of client assessments completed within the es-

tablished time frame of seven working days.

On a case-by-case basis, Speech Language

consultation is provided to adults with disabilities and

to seniors who acquire communication and swallowing

deficits, however, there are currently no community-

based resources available to cover the needs of

adults and seniors.

Mr. Chairman, the Environmental Health team

performs inspections of Residential Care Facilities on

behalf of the Ageing and Disability Services (ADS) to

ensure that elders are being cared for in safe and

quality environments that comply with the required

standards.

Nutrition Services acts as a resource for rest

homes and, in this economic climate, assistance for

our population of seniors to access healthy food is

vital. Short cuts must not be taken in elders’ nutrition,

not only because it can have profound impacts on

their health and the health system, but also because it

is unethical.

Consultation services supported all rest home/

nursing homes and all Correctional facilities in improv-

ing nutritional standards as required performance

measures for these areas. Nutrition Services has de-

veloped an assessment tool and inspected all rest

home/nursing homes to review compliance with nutri-

tion standards.

Mr. Chairman, the Department of Health op-

erates two exemplary long-term care facilities that

provide care, promote independence and optimal

health in persons aged 65 years and over, and who

require 24-hour, facility-based nursing care. A multid-

isciplinary team works to provide the delivery of a high

standard of care in a home-like environment. Other

Department of Health allied health professional ser-

vices are provided as required by occupational thera-

pist, physiotherapist, and nutritional services.

Sylvia Richardson has 50 established officers

and nine On-Call Positions. Nursing/Aide staffing ra-

tios are regulated. Replacement staff are required to

cover lunch breaks, vacations, sick leave, educational/

training leave, and staff vacancies. This is an ongoing

challenge. On-call staff are used whenever possible;

however, overtime is required on a regular basis to

replace Registered Nurse and Geriatric Aide vacant

posts.

Official Hansard Report 7 March 2016 1263

Bermuda House of Assembly

Mr. Chairman, some cost-efficiencies and im-

proved productivity have been achieved this budget

year. For instance, the cleaning service hours were

reduced slightly. Additionally, security services costs

were reduced significantly. The cost of nursing and

personal care supplies, gloves, paper products, et

cetera continues to rise. Relatives are now providing

some assistance with incontinent care and personal

toiletry items which has also assisted in reducing the

expenditure in some object codes.

The building is listed and has some special

historical features. Currently, the cast iron metal work

is under repair. Hence, the balconies are presently off

limits. An RFP for exterior painting and roof repairs is

currently being handled by Lands and Buildings. The

Department of Public Works also pays for Sylvia

Richardson annual fire alarm suppression system

testing and a HVAC service agreement.

The facility has some technology and systems

that present ongoing maintenance challenges, for ex-

ample:

• Elevator requires ongoing service to address

frequent faults;

• Plumbing/leak repairs are ongoing;

• Replacement of flooring in resident’s rooms is

required.

Mr. Chairman, due to the HVAC and other

systems, the BELCO bill remains significant. For ex-

ample, during 2015 the peak electricity charge was for

the month of July at $30,000, and the lowest charge

was for the month of January at almost $17,000.

Strategies such as shutting down areas at night and

weekends, and adjusting temperatures at different

times of the day continue to help in realizing some

savings.

Food costs continue to increase. Wholesalers

are used to source the best quality/most reasonably

priced food. The menu is reviewed and approved

twice per year by the Department of Health Nutrition-

ists. Attempts are made to minimize food wastage.

Food stores are secured and issued as required and

recorded.

Staff are assigned each day under the direc-

tion of the Recreational Therapist to ensure the so-

cial/leisure needs are being met daily. Activities such

as bingo, trivia, newspaper reading, music and

movement, sensory stimulation, board games, and

weekly outings are organized. At Christmas, a group

of 50 residents, staff, and elders went out to Christ-

mas lunch, which was fully supported through dona-

tions. Sylvia Richardson extended thanks to the St.

George’s Parish Council and the Wellington Baptist

Church for their generosity.

Mr. Chairman, the 2016/17 budget estimate

for Sylvia Richardson Care Facility is listed as cost

centre 32015, on page B-131, and the 2016/17 budget

estimate is $5.4 million. The 2016/17 budget estimate

for Lefroy House Care Community is listed as cost

centre 32000, on page B-135, and the 2016/17 budget

estimate is $4.7 million. Performance measures can

be found on page B-135.

Mr. Chairman, the Lefroy House Care Com-

munity (LHCC) in Sandys Parish provides care for 30

Resident elders, 10 Day Care elders, and the many

Respite elders, and services for caregivers and their

clients who reside in our community. LHCC strives to

maintain the elders’ dignity, independence and right to

choice, and to provide care and services to meet the

individual’s needs.

Repairs from hurricane damage from Fabian

and Gonzalo are ongoing and being worked on by the

Works and Engineering as described below:

• Roof repair to the administration Building;

• Roof repair to the Annex section of the build-

ing;

• Annex building repurposed for storage and

staff room.

Mr. Chairman, six Geriatric Aides have ac-

quired certification as Activity Aides and are certified

with the National Certification Council for Activity Pro-

fessionals. This qualification has allowed LHCC to

provide staff that are cross-trained.

Staff are regularly trained to ensure clear

common goals and cohesive leadership. We also

want to be seen to meet the expectations of our elders

and their families through accessibility, guidance, and

the provision of comfort through reliable monitoring

and the establishment of trusting relationships.

Mr. Chairman, the above-mentioned program

measures the number of falls sustained by elders.

Elders are assessed on admission and monitored for

falls periodically. Safety measures have been put in

place with some effect.

The number of falls and target outcomes has

been adjusted to match the fact that there is an in-

crease in falls. The cohort of elder that is most at risk

for falls is the cognitively impaired, i.e., elders with

dementia/Alzheimer’s.

It has been researched and resolved that eld-

ers’ safety should not rely on the use of restraints.

Research shows that there is a technological solution

that can assist in the care of elders in a less restrictive

manner that still allows them some freedom and

choice for mobility. The critical operation items will be

expanded to include Resident Wandering and Falls

Management Systems. We are reviewing the list in an

effort to reprioritize LHCC's critical needs.

Mr. Chairman, the footprint of Lefroy House

Care Community is growing smaller resulting from

hurricane damage and the limited resources for repair.

Consideration has been given to the relocation of the

LHCC into a new purpose-built care home. A location

has been recommended, however the current eco-

nomic climate has made this prohibitive. The number

of elders requiring long-term care is increasing.

Whether we do something or nothing, the fact remains

1264 7 March 2016 Official Hansard Report

Bermuda House of Assembly

that more seniors means more services. A number of

issues have been determined as critical and these

issues are being worked on, and LHCC is staying at

its current location at present. However, LHCC has

the potential to serve as an innovative community

base, e.g., establish an elder centre that provides day

care, medical services, anticipatory guidance, tele-

phone helpline, bathing, and assessment; designed to

provide care and services that will help keep elders

out of care homes.

Mr. Chairman, having just spoken about ser-

vices for elders we have just about completed the life

journey as an illustration of the Department of Health

services. The Ministry is conscious of the need to

have a broader community conversation about end of

life care and a better model for Bermuda, perhaps

based on Atul Gawande’s excellent book, Being Mor-

tal. As a Ministry, we hope to turn our attention to this

soon. However, with respect to this Head, I must also

report on the support services offered by the Depart-

ment of Health’s Laboratories.

The Clinical Laboratory is situated at the

Hamilton Health Centre. There, the bulk of the clinical

testing work is performed for child health, school clin-

ics, oral health, the communicable disease clinic, [the

maternal health and family planning clinic, the beyond

wellness clinic, as well as work on other projects like

STEPS.]

Performance measures can be found on page

B-136.

Mr. Chairman, because I know I have lots of

other things, I will just indicate that during the same

period the laboratory also endeavoured to keep

abreast of the threats of Ebola, Dengue, Chikun-

gunya, as well as local outbreaks of Rotavirus and

Norovirus. Influenza virus circulation in the community

[was monitored with increased testing of patients who

presented with symptoms.]

Mr. Chairman, obviously there are some other

things with respect, but I think I will go to the next one

because now we are talking about food and water.

Mr. Chairman, the Central Government Labo-

ratory provides a range of analytical services and sci-

entific advice to a number of Government and non-

Government agencies. It operates three programmes:

• Water and Food Analysis;

• Urine Drug Testing and;

• Forensic Analysis.

As indicated, the Water and Food programme

provides a service for the analysis of water and food

to assist in reducing environmental threats to health.

Also, the laboratory tests a large number of water

samples from the piped water distribution systems in

Bermuda, water producers, schools, restaurants, [and

other premises licensed by the Department of Health],

to ensure that the water meets bacteriological guide-

lines and is safe for drinking and food preparation.

Mr. Chairman, sampling and bacterial testing

of seawater are conducted regularly and meet stan-

dards according to the US Environmental Protection

Agency (EPA) guidelines for Recreational Water Use.

During the 2015/16 budget year a total 3,755

water samples [of various types were analysed for a

range of different parameters].

The urine testing provides for drug abuse.

The forensic programme provides laboratory

services for the police [and judicial system in the ar-

eas of Drug Analysis, Toxicology and Evidence Re-

covery].

Mr. Chairman, it is the goal of the Department

of Health to continue to advocate for and lead preven-

tion of chronic disease risk factors so that the people

of Bermuda can realize the vision of “Healthy People,

In Healthy Communities.”

Mr. Chairman, this concludes Head 22.

[Inaudible interjections]

Hon. Jeanne J. Atherden: I can wrap it up shortly.

HEAD 24—HOSPITALS

Hon. Jeanne J. Atherden: Mr. Chairman, the current

account estimates for Head 24, Hospitals, can be

found on page B-143 of the Estimates Book. These

estimates reflect grants and subsidies paid to the

Bermuda Hospitals Board (BHB):

• For medical care delivered to patients at vari-

ous rates of subsidy as follows: 100 per cent

for children and the indigent, 70 per cent for

seniors aged 65 to 75, and 80 per cent for

seniors aged over 75 years; and

• To fund the net cost of operating the Mid-

Atlantic Wellness Institute (MWI).

2015/16 Estimates

Hon. Jeanne J. Atherden: You know where the

budget estimates are found.

Mr. Chairman, hospitals are complex organi-

zations. They have high capital investment needs to

maintain infrastructure and equipment, and high run-

ning costs to sustain safe, quality services.

BHB plays its part in ensuring the community

has access to affordable, as well as high quality,

health care. BHB is working hard to minimize the im-

pact of the additional costs it faces by delivering ser-

vices as efficiently and effectively as possible. The

organization has annual service payments for the

Acute Care Wing, as well as the cost of maintaining

King Edward’s older General Wing and the Mid Atlan-

tic Wellness Institute, which require significant capital

investment of many tens of millions of dollars. BHB is

planning for such investments but it needs financial

stability and sustainability to be able to do so.

Official Hansard Report 7 March 2016 1265

Bermuda House of Assembly

The measures outlined to the House in last

year’s budget speech have been successfully

achieved. A 15 per cent reduction in operational ex-

penditure in the fiscal year to the end of March 2015

was followed by a 10 per cent reduction in the current

year. Through much hard work this has been success-

fully achieved. This represents a savings over the two

years of over $30 million.

Mr. Chairman, not only has BHB been able to

reduce its operating expenditure but it has absorbed

the costs of the new facility without any reduction in

services. I would just like to highlight a couple of the

achievements in terms of improving the value and

quality of services in this fiscal year.

Strategic Plan Development

Hon. Jeanne J. Atherden: Bermuda Hospitals Board

is in the final stages of completing a strategic planning

process. The plan will identify where BHB aims to be

in five years’ time and how it will get there.

To ensure the goals and vision address com-

munity needs and support the Bermuda Health Strat-

egy 2014 to 2019, and the Bermuda Health Action

Plan, extensive outreach was undertaken and over

300 internal and external stakeholders participated in

the process.

The strategy will ensure a focused and col-

laborative approach to improve quality, control costs,

and provide best value in coordination with the Ber-

muda health system and overseas providers.

Accreditation Success

Hon. Jeanne J. Atherden: BHB maintained its ac-

creditation status in 2015 with Accreditation Canada.

This is a vital standard for BHB to meet and demon-

strates an assurance of a good value, high quality

service to the people of Bermuda, local insurers, and

to Government.

Alongside hospital-wide accreditation, BHB’s

Pathology Department also maintained specialist ac-

creditation status with Joint Commission International.

Mr. Chairman, the next initiative has been:

Achieving Financial Sustainability (Modernization

Project)

Hon. Jeanne J. Atherden: BHB has reported publicly

throughout the last two years on its steps to achieve

financial sustainability by delivering an effective, high

quality service that is highly efficient. Steps over the

last three years have seen successive cuts in budg-

ets, senior management restructuring that resulted in

a reduction of three senior positions, and contract re-

views.

BHB initiated a charge review project which

examined its billing systems to ensure that all the

revenue to which it was entitled was received.

BHB has improved efficiency in relation to its

operating costs in recent years, as already mentioned.

Salary and vacancy freezes, along with postponing

some maintenance projects, have further helped BHB,

but these are not sustainable. BHB has driven down

its expenditure on medical supplies and other over-

head costs, but there is a limit which BHB has now

reached of how far these costs can be reduced. To

continue to be sustainable BHB must do things differ-

ently.

Actions are being undertaken as part of a

hospital-wide modernization to achieve recurrent sav-

ings. Here are some examples of actions taken in this

fiscal year to achieve financial sustainability; some

examples include:

• BHB’s Pathology Department is now offering

tests that were previously only available over-

seas. This benefits patients who will receive

their results faster as well as benefiting BHB

who can earn revenue without adding to local

health care costs, as the tests would have

been carried out whether or not BHB offered

them.

• A refinancing of the public/private partnership

agreement will see BHB’s annual service

payments for the Acute Care Wing reduced by

$527,250 for the remaining 29 years of the

contract with Paget Health Services.

• A restructure of the IT department reduced

the number of required positions by four.

• Renegotiation of several major supplies con-

tracts resulted in savings of 15 [per cent] to

20 per cent, saving BHB several million dol-

lars per annum.

• A Voluntary Employee Retirement Pro-

gramme has been introduced, offering staff

who will be between [age] 55 and 64 on the 1

April 2016 the opportunity to retire prior to 65.

Positions that are vacated will not be auto-

matically filled.

• Effective 1 April 2016, retirement benefits are

being reduced for people retiring with less

than 20 years’ service.

• The impact of opening the new Acute Care

Wing has seen reduced length of stay over

the last year, due to more proactive case

management and improved care plans. A fo-

cus on stroke patients has seen patients im-

prove faster due to the attention of special-

ised, multidisciplinary stroke teams. Since the

programme started in April 2015, length of

stay stroke patients has reduced from 15 days

to 12 days in July 2015. This compares to 28

and 27 days in April 2014 and July 2014 [be-

fore the move to the new Acute Care Wing.]

[Crosstalk]

1266 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Hon. Jeanne J. Atherden: The benefit to the com-

munity and patients is better stroke care and a more

efficient use of beds.

Mr. Chairman, in addition, BHB has worked

hard to improve the efficiency of the BHB support ser-

vices. This efficiency was managed despite drug infla-

tion of $1.14 million, and revenue decreases over the

time period in Pathology and Diagnostic Imaging.

Mr. Chairman, BHB staff have also brought

improvements in the Information Technology Ser-

vices.

Peritoneal Dialysis

Hon. Jeanne J. Atherden: [The Peritoneal Dialysis

service, or PD, at] BHB has been launched, and it cur-

rently has four patients.

Cancer Services

Hon. Jeanne J. Atherden: A new oncologist and a

new partnership with Bermuda Cancer and Health to

bring radiation therapy to Bermuda have helped en-

hance and stabilise local services.

Physician Communication Solutions

Hon. Jeanne J. Atherden: Better coordination and

communication between health care providers im-

proves the patient experience.

In the absence of an electronic health record

for Bermuda, BHB is seeking a secure, confidential

and effective way to share information such as diag-

nostic results and discharge information.

Mental Health Services

Hon. Jeanne J. Atherden: Mental Health, Learning

Disability, and Substance abuse services at MWI are

funded by a set Government Grant. Adult Mental

Health Services have experienced an increase in the

numbers of referrals to its mental health services.

In 2010 there were about 500 patients being

seen the MWI Acute Care Clinic for adults, [which is

the main referral site to adult MWI programmes]. In

December 2015, this number had increased about

130 per cent to 711 patients.

Finally, the annual MindFrame [programme].

Staff remain committed to serving the needs of their

service users despite intensive pressure on re-

sources.

Learning Disability Programme

Hon. Jeanne J. Atherden: The Learning Disability

programme is also funded through the same MWI

budget and so has experienced similar pressures.

Consultant Psychiatrist Peer Review

Hon. Jeanne J. Atherden: The consultant psychiatry

team focused on opportunities to improve quality of

care. Two consultant peer reviews [were] conducted

in April and October 2015, respectively.

Long Term Care

Hon. Jeanne J. Atherden: The Continuing Care Ser-

vice is partially funded by a $10 million Government

grant, with BHB absorbing any costs [over that

amount].

New Clinical Porters Service

Hon. Jeanne J. Atherden: Four Clinical Porters were

hired for a new service at KEMH.

Ebola Planning

Hon. Jeanne J. Atherden: BHB worked closely with

the Chief Medical Officer and other Department of

Health staff to prepare a response for any potential

Ebola cases in Bermuda.

Disaster Response

Hon. Jeanne J. Atherden: Hurricane Joaquin passed

by the Island [in October], and they were quite in-

volved with that.

Access to Information

Hon. Jeanne J. Atherden: BHB has met all PATI re-

quirements that came into effect.

Goals for 2016/17

Hon. Jeanne J. Atherden: Mr. Chairman, BHB has

also set out its goals for the upcoming fiscal year

2016/17.

Some of them are:

• KEMH Long-Term Care Pilot;

• MWI Long-term Care;

• Modernization Project;

• Roll out of the BHB Strategic Plan;

• Prepare an Information Management and

Technology Strategy; and

• Develop a business case for the Estate Mas-

ter Plan.

Lastly, Mr. Chairman, [Mental Health] Act up-

dates identified.

Government recognized the challenges with

Bermuda’s dated Mental Health Act which is based

upon the 1959 UK Mental Health. In the latest throne

speech, Government has committed to reviewing the

Mental Health Act.

Mr. Chairman, that concludes my remarks on

Head 24.

Official Hansard Report 7 March 2016 1267

Bermuda House of Assembly

HEAD 91—HEALTH INSURANCE

Hon. Jeanne J. Atherden: Mr. Chairman, the current

account estimates for Head 91, Health Insurance be-

gin on page B–161 of the Estimates Book.

A total of $3.995 million has been allocated

[for this Head]. And as I indicated to you earlier, this

was due to the transfer of the capital contributions.

Mr. Chairman, our goal is for everyone in

Bermuda to have access to affordable health insur-

ance. Fulfilling this mandate is particularly challenging

in the face of the current epidemic of chronic illness.

The Big Five chronic illnesses (Overweight/Obesity,

Hypertension, Diabetes, Asthma/Chronic Obstructive

Pulmonary Disorder, Cardiovascular Disease) have

steadily increased the costs of health care to unsus-

tainable levels.

Mr. Chairman, the progress on the initiatives

that we have [are], we have implemented care man-

agement strategy with focus on cost containment, ac-

cessibility and quality of care. To date we have the

Personal Home Care Services Benefit which was im-

plemented to cover personal care taking or adult day

care services to keep a disabled person or a person

with dementia in own home [longer]. The rationale

was:

• to support Ageing in Place;

• it is more cost-effective than institutionalizing

at an early age; and

• to address the services gaps in continuity of

care.

A nurse Case Manager was hired to provide

in home assessments and monitor quality of care de-

livered.

Collaboration with other Government depart-

ments is ongoing, and 94 applications have been re-

ceived of which 51 have been approved.

To this end, the department is in the final

stages of implementation of an Enhanced Care Pilot

to provide comprehensive care.

Head 91 is the partial source of funding be-

hind the department, which is responsible for develop-

ing and administering the Government’s social health

insurance products offered to the public, including:

• The Health Insurance Plan (HIP);

• The FutureCare Plan (FutureCare);

• The Mutual Reinsurance Fund (MRF); and

• The Government Subsidy Programme (Sub-

sidy), which provides relief to the vulnerable

populations in Bermuda.

The Health Insurance Department is dele-

gated the operational responsibility for the various

programmes.

The one thing I will indicate and then I will

finish, the HIP premiums for Fiscal Year 2016/17 will

remain unchanged.

[Inaudible interjections]

Hon. Jeanne J. Atherden: Let me just restate that.

The HIP—

[Inaudible interjection and laughter]

Hon. Jeanne J. Atherden: —premiums for Fiscal

Year 2016/17 will remain unchanged.

That being the case Madam Chairman . . .

Mr.—

[Inaudible interjections and laughter]

Hon. Jeanne J. Atherden: Mr. Chairman, that ends

my presentation on Head 91—

Some Hon. Members: Ahh!

Hon. Jeanne J. Atherden: —Health Insurance.

[Desk thumping]

[Inaudible interjections]

The Chairman: Would any other Members like to con-

tribute to that?

[Inaudible interjections]

The Chairman: Yes, absolutely.

I notice the Honourable Shadow Minister of

Health, Honourable Michael Weeks.

You have the floor.

Mr. Michael A. Weeks: Thank you, Mr. Chairman. I

would like to commend the Minister on a very thor-

ough, comprehensive brief.

Most of my questions, Minister, you have an-

swered but I highlight the Heads as found on B-124,

Head 21, Ministry of Health, Seniors and Environ-

ment; Head 22, Department of Health; Head 24, Hos-

pitals; and Head 91, Health Insurance.

I highlight these Heads, Mr. Chairman, be-

cause I know that health and health-related issues

and health-related costs are always a major concern

for our community. We understand, Mr. Chairman, it is

the role of our Government to shape and fund the

health care system for our citizens of this Island.

Mr. Chairman, moving right along, Head 21,

page B-125, cost centre 2101, line item 31000. I see

there is a big decrease in General Admin, but when I

look to the employee page there is no decrease in

employees. My question for the Minister is, Where has

this money been transferred if it has not been allo-

cated to the employees?

You do not have to answer that right now, but

let me add up a few for you Minister

1268 7 March 2016 Official Hansard Report

Bermuda House of Assembly

The K. Margaret Carter Centre—I heard you

explain how it has been changed from the Opportunity

Workshop. Yes?

[Inaudible interjection]

Mr. Michael A. Weeks: Which opening stations have

been merged into one under the K. Margaret Carter

Centre?

[Inaudible interjection]

Mr. Michael A. Weeks: I have to keep her honest, Mr.

Premier.

The Ageing Services, actually Madam—Mr.

Chairman, at my age we try to wrap it up quickly, I

mistakenly called you Madam, but it is Mr. Chairman.

Mr. Chairman, on a serious note, I see under

Ageing Services—I have always been one to feel that

because our ageing population is increasing at such a

rapid pace, I think it is time we have to consider hav-

ing a separate department or even a ministry to ad-

dress the needs of our seniors. We have a lot of sen-

iors that are active and I think the time is now for us to

start to consider a separate ministry. As a minimal, Mr.

Chairman, we may even want to consider having the

seniors moved under Child and Family Services if we

are looking at streamlining and whatnot. I think Child

and Family Services may be a good fit for the seniors’

ministry.

[Inaudible interjections]

Mr. Michael A. Weeks: Moving right along, Mr.

Chairman, on Grants and Contributions, located on

page C-17, line item 6892, LCCA. I see there has

been a decrease in funding there. I would like the Min-

ister to answer, What does this decreased funding

affect? Would this decrease affect the administration

or would it affect those looking for assistance to travel

overseas?

Line item 6898, on page C-17, still under

Grants and Contributions, Age Concern.

Mr. Chairman, at this point I would like to

really commend the Director of Age Concern, Ms.

Claudette Fleming and her staff for a stellar job that

they are doing for our seniors. As I see that this is a

very important charity. I have noticed over the last

couple of years there has been a steady decrease in

funding for Age Concern. What exactly are these cuts

affecting, services to our seniors or just streamlining

administration? A question (just curious), when I was

looking at the Age Concern, What percentage of our

population are seniors at this present time? What was

the percentage 10 years ago? What is the projected

percentage 10 years from now? All these, I think, are

important to make an assessment on whether or not

we [should] make a seniors ministry all by itself.

Moving right along, Mr. Chairman, Admiralty

House, line item 6892 (still on [page] C-17), Grants

and Contributions. I see also that the Admiralty House

budget has been cut over the last two years gradually.

What exactly are these cuts doing? Are they taking

away from the activities of our seniors that still remain

active?

Line item 7089, on [page] C-17, Public Health

Scholarships, I see another two-year decrease. How

is this affecting our potential and budding nurses look-

ing for funding to go abroad? When we talk about

Bermudianisation of our hospital services, I would

think that this kind of scholarship would not be

touched in our effort to get as many nurses on our

shores as possible. That brings a question to mind,

Madam Minister. Could the Minister advise us, Mr.

Chairman, how many Bermudian nurses are there

currently in Bermuda? What is the percentage of the

total population of nurses? How many of the total

nurses are Bermudian? What is your rationale behind

cutting these scholarships to our Bermudian prospec-

tive nurses?

Moving right along, Mr. Chairman, on page [B-

126], line item 8151, Registration of Doctors. Recently

we had a debate in this House concerning the regis-

tration of doctors. I notice on [page] B-126 the projec-

tion for 2016/17 is not to have all the doctors regis-

tered. So my question is, What is the relationship be-

tween the Bermuda [Medical] Doctors Association and

the Bermuda Health Council?

Moving on to B-129, real quick, Mr. Chairman,

line item 31135, Ageing and Disability. Just a quick

question, How many Government buildings are ac-

cessible to the physically challenged and what is our

projected building accessibility over the next year or

two? Is the Minister working in concert with the

public works and public transportation to have all

sidewalks disability friendly?

I have a story here—but I will skip that—

An Hon. Member: Tell the story.

An Hon. Member: We need a laugh.

Mr. Michael A. Weeks: It is not a funny story. When I

was doing my homework, it came to mind of two

horses pulling a wagon. I find that horses are stronger

pulling a wagon together than they are individually.

[Inaudible interjection and laughter]

Mr. Michael A. Weeks: Mr. Chairman, that was a

good one.

B-129, line 31135 Ageing and Disability. The

gist of the story is that two horses can pull more than

individually. I am saying that the Department of Health

and Public Works should get together to make sure

that our buildings are disability friendly and so are our

Official Hansard Report 7 March 2016 1269

Bermuda House of Assembly

sidewalks. That is the gist of my two horses pulling

together story.

[Inaudible interjection]

Mr. Michael A. Weeks: Lefroy House, [page] B-131,

line item 32000, cost centre 2201. There is also a de-

crease in funding for Lefroy House. But when I quickly

turn to page B-134, employee numbers, there is no

corresponding decrease in staff. So, again, I have to

ask the Minister, What do these numbers represent if

there is no decrease in staff? Are these cuts going to

affect the services to our beloved seniors at Lefroy

House?

What I found interesting—[page] B-135 Per-

formance Measures, Business Units 32000, I notice

the falls are up at Lefroy House and I am a little con-

fused as to why the target outcome for 2016/17 for

people falling is 24. Help me understand, Mr. Chair-

man, but should not the target outcome at least be

zero? That is a question I am just asking the Minister.

A decrease in funding for (on page B-131, line

item 32050, cost centre 2201) I see that there is a de-

crease in funding for the communicable disease con-

trol clinic. Mr. Chairman, again, another question for

the Minister, Does this translate into less service

and/or the capacity to provide prevention education to

our public and private schools? The question has to

be asked—I have to declare my interests—I have

been working for Focus so I visit that communicable

disease clinic regularly with my clients. We need to

have that clinic open regularly—it is very important

because at any given time I may have to take a client

there and when I go there and I see the door is locked

because the hours are cut, my question is, Is this

funding decrease affecting our staff? As a result, is it

affecting that sector of our community that really

needs it?

Mr. Chairman, [page] B-132, line item 32150,

cost centre 2202, Oral Health. One question: Is this

dental clinic still available for the underprivileged, un-

employed and uninsured? I am certain that during

these economic times, especially with unemployment

on the rise, that public health clinic is more important

than ever to be able to service those of our community

that cannot afford health insurance or dental insur-

ance. Like my grandmother used to say, an ounce of

prevention is worth a pound of cure. It is important

that our young children have access to oral health

treatments on a timely basis. It should not [be deter-

mined by] whether or not a parent could afford insur-

ance or not.

Moving right along, Mr. Chairman, page B-

137, this is unit 32100, Speech and Language. Mr.

Chairman, a lot of these questions may have been

answered already, but as the Minister’s brief was so

comprehensive I got kind of lost in it, so if I ask a

question that has already been answered, then obvi-

ously the Minister can understand.

Moving right along to Business Unit 32100, on

page B-137, Speech and Language. How do we de-

cide to make cuts to such a vital service as speech

and language? When I looked on page B-137, I see

that school-based clients referred to the service—any

client that is referred to the speech and pathology ser-

vice are seen within 35 days. I feel that something is

definitely wrong with that picture because that is a

student that is being referred—35 days before that

person is seen by a pathologist (in my opinion) could

be very disruptive. I feel that that is a long time for a

referral. And further on I was reading on page B-137,

preschool clients are seen within three months after

referral. Is this a staffing issue? Or a funding issue?

Our children—preschool or regular school—35 days is

long and three months is definitely too long a time to

be seen by a professional after referral. I just ask the

Minister if she can undertake to fix this issue.

I would also like to ask the Minister, Mr.

Chairman, how many schools is each speech and

language pathologist assigned to? How many speech

and language pathologists do we have? How many

schools does each one have to monitor? What affect if

we are understaffed does this have on the end user,

meaning our children?

Still on page B-137, I see a target outcome for

the number of clients to be reassessed is 45 per cent.

I feel—and I hope the Minister feels—that this is a low

percentage because when you translate those per-

centages into people, 45 per cent reassessment of

our children is low. The target at a minimum at least

should be 100 per cent. In order words, reach for the

stars. If we get the moon, so be it. But to start off by

saying that our target is going to be 45 per cent as the

target is (I think) really too low.

Moving right along, page B-137 still, Business

Unit 32110, Nutrition. This line item there, Mr. Chair-

man, outlines the medical nutrition therapy diet. I am

concerned because as I was reading it and going over

this section looking for my questions, the target out-

come for our rest homes in receiving this medical nu-

trition therapy is 80 per cent while the target outcome

for our correctional facilities is 100 per cent. If that is

not disturbing enough, the actual forecast for the cur-

rent year for our rest homes has been downgraded to

75 per cent. Really, Mr. Chairman? What does this

mean for Mr. and Mrs. Rest Home Resident? Our cor-

rection facilities are getting 100 per cent of this nutri-

tional thing and our rest homes have not met their tar-

get. At a minimum, I would like to see that flipped. Let

us take care of our seniors to the best of our abilities.

I see also on page B-141, Mr. Chairman, do

you follow me—Business Unit 32265, Comprehensive

School Health. I see the target outcome for our

schools participating is 90 per cent. Another question,

why would not this target be 100 per cent? Another

question, do all these schools have the same amount

of resources that they need to meet the requirements?

1270 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Bear with me, Mr. Chairman, just trying to

wrap this up.

[Inaudible interjections]

Mr. Michael A. Weeks: We have all morning? I think

the Honourable Minister has his breakfast with him.

Mr. Chairman, as you move on to Head 24—

Hospitals, the mission statement real quick—to pro-

vide free hospital care for the young and indigent and

subsidise care for the elderly, to fund the operation of

Mid Atlantic Wellness Institute.

Mr. Chairman, we have spent upwards of

$300 million on a new hospital, but as I was reading

the Royal Gazette on March 3

, I see that the head-

line read “Cancer Fight Leaves Pair in Debt.” We are

still going away for treatment, and more and more it is

coming down to do we get treatment or do we ignore it

because we cannot afford to pay the price. This is

happening more and more. What is this brand new

hospital doing so that we can break down the number

of people that have to leave the Island for treatment?

Can the Minister tell us that since the hospital has

been open has the need to go overseas decreased in

our population that needs treatment?

Also, on Head 24, are you following Mr.

Chairman?

The Chairman: I certainly am.

Mr. Michael A. Weeks: Okay. I notice—

The Chairman: Which line item?

Mr. Michael A. Weeks: Bear with me, Mr. Chairman, I

will be right with you.

Page C-17 under Hospitals, Renal Dialysis. I

had a question there because on the same dates,

March 3 in the Royal Gazette there was a renal nutri-

tion expert and she had said that kidney disease in

Bermuda has increased by 30 per cent over the past

seven years. Now, that jumped out at me because as

I was reading the Budget Book under Grants and

Contributions, on page C-17, I saw that the Renal Di-

alysis Unit has been defunded in this budget year. I

would like to ask the Minister to explain that because

if kidney disease is on the increase and our Renal

Dialysis Unit has been defunded, can you explain that

for me?

Moving right along, Mr. Chairman, Head 91. I

would like to start off my comments on Head 91 by a

quote that I came across, George W. Merck of Merck

and Co., the global pharmaceutical corporation said

(and I quote), “We try never to forget that medicine is

for the people. It is not for the profits. The profits fol-

low, and if we have remembered that, they have never

failed to appear.” Mr. Chairman, he probably made

that statement to remind us and those in his organisa-

tion to not compete with making profits. Always look to

get the person well, first. We would do well to remem-

ber that as we strive to make our own communities

healthier.

Mr. Chairman, that brings to mind a story that

appeared on another front page of the Royal Gazette,

dated Wednesday, February 24, 2016. In that paper,

Mr. Speaker, there is a young man, 28, unemployed,

he goes to hospital for what turns out to be pneumo-

nia. He spends three days in the hospital leave and

goes home, still unwell. Before he has recovered he

receives a bill for $16,000.

An Hon. Member: Send it right back to the hospital.

Mr. Michael A. Weeks: Actually, I am going to send it

to the other hospital, in Devonshire.

[Laughter]

Mr. Michael A. Weeks: But remember, Mr. Chairman,

on a serious note, this man is unemployed. He is told

he can go to the Credit Department at the hospital for

an assessment. If granted, he could get a subsidy. Let

us remember the hospital mission statement, Mr.

Chairman. Surely, this man fits into that statement of

being indigent.

But, Mr. Chairman, as I am about to sit down

so the Minister can answer some questions, I would

ask the Minister (and probably her team) to take a

walk on a Wednesday morning—I think it is Court

number three, Magistrates Court, the Debtor’s Court, I

would venture to say that 90 per cent there are due to

hospital or dental bills.

Also, Mr. Chairman, if the Minister could ex-

plain why she has supported the increase in health

insurance costs for our seniors. It has been enough

that our land tax has increased for them, but they now

have to (out of their limited pensions) pay another in-

crease in health insurance. Not to mention that they

have not had a pension increase in years but every-

thing else continues to go up. If the Minister could ex-

plain that, that would be helpful.

With those brief comments, Mr. Chairman, I

will take a seat and let the Minister answer.

[Desk thumping]

The Chairman: Does any other Member wish to con-

tribute to this debate?

Minister?

Hon. Jeanne J. Atherden: I am just trying to deal

with the general stuff.

As I mentioned to you when I first started off,

with respect to the budget—you asked me for the

general administration—I indicated that the decrease

was because we transferred the money from that cost

centre over to the hospital and the health insurance

department which paid claims. It was not a reduction

Official Hansard Report 7 March 2016 1271

Bermuda House of Assembly

in the budget. It was just a reallocation. So that was

that.

With respect to—and in some of them I will,

because some of them are of a similar nature—in

terms of the K. Margaret Carter Centre, as I indicated

to you that was because we took Opportunity Work-

shop and Orange Valley—we have amalgamated

those two and they are offering their services in their

new location which is up by where the old—

[Inaudible interjection]

Hon. Jeanne J. Atherden: Right. So that is that.

In terms of . . . you asked about [having a]

separate Ministry. I think that what we have done is

we obviously have all of them put together and then

we have a separate section. We are making sure that

we pay attention to the seniors and we have lots of

people there. I do not think that one wants to start

talking about having separate Ministries because then

you start talking about Minister salaries and all sorts of

other things. I think that the Premier has figured out

how to use his Cabinet in a way to be cost-effective.

With respect to grants, I think that we should

recognise that all of the budgets were tasked to come

up with a 3 per cent reduction, and in some cases we

had to look at where we are going to [get] them. And

with respect to LCCA, that is a combination of recog-

nising that remember there was a reduction in port-

ability so more things were supposed to be done on

the Island than going abroad. You should only be go-

ing abroad for things that cannot be done on the Is-

land so that the need for the LCCA to be able to go

and try and cover individuals who had no insurance

and needed to go abroad should be reduced because

(if you will) the market for overseas services would

have been reduced because of the portability.

The next thing relates to—the same thing as I

said with Age Concern and LCCA and all of those—

Government only gives them money towards the ser-

vices that they are trying to achieve. We are not the

only source of that service so I am sure that they per-

haps actually look at being creative and in some

cases looking at their administrative costs, but we try

and spread the money around in terms of making sure

that all those charities that we fund (like LCCA and

Age Concern as well as the seniors) we try and make

sure that we make some contribution to them. But we

have to do it with less.

With respect to the public health scholarships,

I have asked about trying to get some information on

the nurses and the percentages and I will have to get

back to you because I do not have all my technical

staff available to me at this hour of the night. So we

will work on that.

With respect to the relationship that we have

with Bermuda Medical Doctors Association (BMDA)—

they obviously work together in terms of looking at

guidelines, focusing on issues that they are research-

ing, and I think that that continues. There were some

members on the Council that were also part of the

BMDA so that relationship continues.

With respect to how many Government build-

ings have been assessed—that one I think I will also

have to get back to you with an answer on that. It is

safe to say that we do have a staff member that is part

of the Ageing and Disability Services (Keith Simmons)

who goes out and not only does inspections but also

helps when the architect and other people are doing

sessions on accessibility.

With respect to working on making the sites

accessible—I put that on a follow-up list.

Lefroy House. You made two observations

there and I will tell you and the public out there be-

cause sometimes it is one of those things that we just

are not aware of—whether you like it or not, people

are going to fall. As you get older—seniors espe-

cially—if they get diseases like Alzheimer’s and stuff

like that, so when doctors are telling people and family

members make sure to use their walkers and all sorts

of other stuff, we have to recognise that this is to

make sure that you try and prevent their falls. That

change there is not because they are trying to say,

Let’s try and have more people with falls, it is actually

saying that the clientele that we have has gotten older

and some of them have Alzheimer’s and other things

and therefore the likelihood of them having falls has

increased. It is not saying that we are trying to have it,

but when you have people who . . . and sometimes a

fall does not mean it is a dangerous fall, it is just a fall.

You have to at least be aware of the clients

that you have and then be aware of what is a reason-

able number of falls. As we said in my brief here, they

are obviously working on some things that they can

use to prevent falls. The last thing you want (because

then you have the opposite side where people get

upset) you do not want people sitting there with re-

straints on them because that is a way that you can

prevent people from falling. But that is not the way you

operate. It is a recognition that you have to deal with

the fact that they will have predispositions to be wob-

bly and whatever else, but they are going to try and

reduce the number of falls down to a reasonable

level—based on the fact that they have dementia and

Alzheimer’s.

Oral Health. The dental clinic is still available

and as I said in my brief we obviously are having to—

with our Head cuts—we have had to focus more on

trying to have more emphasis on the children and the

sealants, et cetera, and in some cases have had to

restrict (what I call) the overall accessibility which we

used to have before.

Speech and language. This whole question of

how long to see clients, that is a function of the in-

creasing demand as well as the fact that getting the

staff to be able to have enough staff to see them. That

is why I mention in there that the department has had

to be a little more creative from the point of view of

1272 7 March 2016 Official Hansard Report

Bermuda House of Assembly

saying let us try and help the teachers as well as the

parents understand some of the things that they can

do to help the students continue to develop their profi-

ciency. It is a factor of more demand as well as the

available resources.

I know when you talked about [cost cen-

tre] 32110 and just talking about nutrition. I think you

have to recognise and we have to remind ourselves

that the nutrition services—We do not give them the

food. We just give them the services. We just allow

the services—

An Hon. Member: Who gives them the food?

Hon. Jeanne J. Atherden: The food is a factor of all

of the rest homes, et cetera, so if you look at that one

that is actually—

Mr. Michael A. Weeks: [Page] B-137?

Hon. Jeanne J. Atherden: Yes. What you have to

recognise is that that is talking about compliance at

rest homes. It is all the rest homes out there. So they

are the rest homes for the people that—they are the

ones that provide the food. The nutritional services

people just go out there and review their menus and

their plans and make sure that they have appropriate

services. That is why that is . . . it is talking about try-

ing to make sure that at least 80 per cent of them are

achieving that. Obviously, over time, they are going to

try and get 100 per cent, but you have to recognise

that that is a goal.

An Hon. Member: Those are the private rest homes?

Hon. Jeanne J. Atherden: Yes. These are the private

rest homes and that is why the other one in terms of

the correctional facilities—obviously, the Government

owns and operates the correctional facilities.

In terms of the cancer—I skipped over the bit

which I would have indicated to you that the hospital

now has another oncologist and they are doing more

in terms of bringing more cancer treatment here in

Bermuda which will turn around and then it will result

in the reduction in the costs of health and also—

[Inaudible interjection]

Hon. Jeanne J. Atherden: It will mean less health

cost for cancer because they will not have to go

abroad—

[Inaudible interjection]

Hon. Jeanne J. Atherden: Yes, the radiation treat-

ment. I hope you might have seen some things in the

paper to indicate that it is going to be expanded even

more.

With respect to the renal dialysis, it is a com-

bination, it is now being paid out of another fund but

also the fact that when the hospital opened up its Re-

nal Dialysis Unit, the Acute Care wing, they had more

beds there and now they are doing peritoneal dialysis

which means there is a second form of dialysis to help

people with kidney disease. It is not that we are doing

less, but it is coming out of another budget. To deal

with the Budget Book that is saying it is coming out of

another pot, but to deal with the article that you saw, it

is because they have more chairs over in the new

Acute Care wing and they are doing peritoneal dialy-

sis on top of that.

[Mr. Walton Brown, Chairman]

The Chairman: Did you want to move the Heads,

Minister?

Hon. Jeanne J. Atherden: Pardon?

The Chairman: Did you want to move the Heads?

Hon. Jeanne J. Atherden: I think I have answered all

the questions.

An Hon. Member: Yes, you have.

An Hon. Member: Very comprehensively.

[Inaudible interjection]

Hon. Jeanne J. Atherden: Can I then now move

Heads—

[Inaudible interjections]

The Chairman: With pleasure.

Hon. Jeanne J. Atherden: I would live to move

Heads 21, 22, 24 and 91

The Chairman: It has been so moved.

Are there any objections?

Approved.

[Gavel]

[Motion carried: The Ministry of Health, Seniors and

Environment, Heads 21, 22, 24 and 91 were approved

and stand part of the Estimates of Revenue and Ex-

penditure for the year 2016/17.]

The Chairman: Thank you, Minister. We have con-

cluded the debate on those Heads.

Minister, I believe—

[Desk thumping]

Official Hansard Report 7 March 2016 1273

Bermuda House of Assembly

The Chairman: Minister, I believe we have another

set of Heads you wish to move?

Hon. Jeanne J. Atherden: One Head.

The Chairman: One Head.

HEAD 79—DEPARTMENT OF ENVIRONMENT AND

NATURAL RESOURCES

Hon. Jeanne J. Atherden: In the spirit of—

The Chairman: Minister, I believe you need to for-

mally move those.

Hon. Jeanne J. Atherden: I would like to move Head

79.

The Chairman: Yes.

Hon. Jeanne J. Atherden: I am not going to get into

how much pleasure it gives me. I am not going to read

that.

[Inaudible interjections]

Hon. Jeanne J. Atherden: Just a couple of things I

want to indicate to you. For the last 13 years, the

management of Bermuda’s natural environment has

been chaired between two departments—the Depart-

ment of Conservation Services and [the Department

of] Environmental Protection. Conservation Services'

responsibility was Bermuda’s ecology, plants, animals

and their critical habitats and the department has

managed the Government’s field ecology programme,

the Bermuda Aquarium, Museum and Zoo, the Gov-

ernment Nature Reserves, and the Maritime Cultural

Heritage.

The Department of Environmental Protection

has to be responsible for the protection of Bermuda’s

environment through monitoring regulation and en-

forcement as well as promotion of sustainable use of

the Island’s natural resources—specifically groundwa-

ter as well as the agricultural and fisheries. Because

Government has been committed to providing the best

services through the most important means, the con-

sulting section undertook a review of the department

and as a consequence of that there was a new de-

partment which resulted as a merger of the two de-

partments. Because of the merger we are going to

now have a new department called the Department of

Environment and Natural Resources and its mission

will be to protect Bermuda’s environment and respon-

sibly manage the sustainable use of its natural re-

sources.

EXPENDITURE OVERVIEW

Hon. Jeanne J. Atherden: The total current expendi-

ture is estimated to be $8,038,176 for 2016/17. This

represents a decrease from the combined budgets of

the former Departments of Environmental Protection

and Conservation Services by $387,000, a reduction

of approximately 4.6 per cent compared with the re-

spective budgets of 2015/16.

Mr. Chairman, professional local service con-

tractors and consultants include the Bermuda Institute

for Ocean Science (BIOS) for both the Marine Envi-

ronment Program for $150,000, and Ambient Air Qual-

ity Program for $200,000; the Bermuda Zoological

Society’s Amphibian Research Project for $39,060,

(so that is to tell you about the consultants that we

had).

CAPITAL EXPENDITURE

Hon. Jeanne J. Atherden: Mr. Chairman, a capital

minor works budget of $350,000 will provide for the

general maintenance and upgrading of the headquar-

ters facility located in the Botanical Gardens, the

Coney Island Facility [for marine resources manage-

ment and enforcement)], the Government Agriculture

Marketing Centre in Prospect, the Government ken-

nels, [the Bermuda Aquarium Museum and Zoo], and

improvements in the two hundred acres of Govern-

ment owned nature reserves.

MANPOWER

Hon. Jeanne J. Atherden: There is a transition team

which is arranging for us to put the two teams together

because we have 75 full-time equivalents and they

are being reorganized into their teams.

The department has 14 programmes, as

shown on pages B-153 and B-156. Because of this

the programmes are . . . and you can read through

them. Administration, resources, animal protection, all

the way down. You can look at those programmes.

They go from 89000 through 89130.

OUTPUT MEASURES

Hon. Jeanne J. Atherden: Mr. Chairman, a complete

tabulation of the Output Measures for the Department

of Environment and Natural Resources can be found

on pages B-157 to B-159.

MAJOR ACHIEVEMENTS

Hon. Jeanne J. Atherden: The major achievement,

obviously, is the amalgamation, but on top of that the

Headquarters, which comprises the Administration, is

in two sections. The [cost centre] 89000, General Ad-

ministration (Headquarters) provides financial and

human resource management to the department. It

collects the revenue from licences and permits issued

by the department, the oversight of the legislation and

1274 7 March 2016 Official Hansard Report

Bermuda House of Assembly

policy development, and administers Bermuda’s Bio-

diversity Action Plan, which is the protected species

recovery, invasive species management, Geographi-

cal Information System (GIS) mapping [and mainte-

nance of the department’s website page].

The other side of it relates to the . . . we

worked with the other departments, and notably the

Ministry of Public Works. We assisted with the finaliz-

ing of the North Channel Dredging Project.

We also have to fulfil some obligations in

terms of information that has to be submitted to the

United Kingdom. And so we have a report which goes

to the Convention on Wetlands of International Impor-

tance and the [Convention on] Migratory Species. So

we have to submit information on migratory species.

Mr. Chairman, there remains a very high level

of interest in researching Bermuda’s endangered ani-

mals and plants. We have 20 protected species and

we issued those licences in 2015. Research topics

included population and genetic surveys of our local

skink, at-sea surveys for the larvae of freshwater eels

which spawn in the Sargasso Sea, and tracking the

movements of white tailed tropic birds (better known

as Longtails) throughout the Atlantic Basin.

Also, work continues on the active recovery of

Bermuda’s most endangered plants and animals.

Much of this work is undertaken in partnership with

local and overseas partners. This is known as Ber-

muda’s “Lifeboat” programme.

This year [our efforts included the] export of

150 endemic lands snails to the Zoological Society of

London. The snails came from a small population re-

cently discovered living in Hamilton. Also, we have

exported a second shipment of Bermuda skinks to the

UK to augment the population that was originally sent

to the Chester Zoo in 2013. We have to realise that by

exporting these off to different places, we make sure

that they not only continue to grow there, but they

continue to grow elsewhere.

Local recovery efforts included hatching Dia-

mondback Terrapins in an artificial incubator and re-

leasing the young directly into their developmental

habitat; that greatly reduces the chances of them be-

ing preyed upon by herons.

Mr. Chairman, a number of invasive pest spe-

cies continue to have an impact on Bermuda’s ecol-

ogy and farming sector. This year the focus was on

amending the Protection of Birds Act 1975 to better

manage Bermuda’s pest birds, and we implemented

the revised Feral Chicken Management Plan

2015.That was dealing with this pest. So far this year

the department has received over 250 requests from

the public and we removed nearly 30,000 feral chick-

ens, as well as three 3,500 feral pigeons.

It is hoped that these efforts have not only

taken the pressure off of our threatened species but

also reduced potential human health issues.

Marine Management

Hon. Jeanne J. Atherden: Mr. Chairman, the new

integrated Marine Management Section will be com-

prised of four sections, two sections of the former De-

partment of Environmental Protection including the

Marine Resources and Marine Enforcement sections

and two sections from the Department of Conserva-

tion Services, including the Marine Conservation and

Marine Heritage Sections. These have been amalga-

mated and we do licensing of commercial and recrea-

tional fishers as a part of the Marine Resources sec-

tion. [This fiscal year], there were 300 registered

commercial fishers, 183 licensed commercial fishing

vessels and 37 special licences for the commercial

spiny lobster and guinea chick fisheries. Licences

were also issued to 541 recreational lobster divers

and 271 recreational spear fishers.

Mr. Chairman, another function of the Marine

Resources section is to develop management plans

for local fish species. During 2015/16, section staff

worked on management plans for sharks and snap-

pers along with collaborators from other institutions.

Also, we have to deal with the migratory pe-

lagic fishes such as wahoo, yellowfin tuna, and other

tuna species because [they] are a valuable compo-

nent of Bermuda’s commercial fishery and are man-

aged on a regional basis so we have numbers that we

have to report to other locations. The Senior Marine

Resources Officer participated in meetings of the In-

ternational Commission for the Conservation of Atlan-

tic Tunas (ICCAT), and that led to negotiations about

the catch limits that Bermuda was going to have, and

we also have to have our catch limits go into the UK

Overseas Territory members of ICCAT, and the Sar-

gasso Sea Commission where we look at areas of

mutual interest.

This year the other work that we focused on

was to mitigate the impacts of the invasive lionfish.

They tested a number of traps and I am not going to

go into all of the details, but they came up with some

traps. We also try to make sure that the by-catch did

not affect the lobster fishers.

Looking at the lionfish invasion, this year they

gave additional permits to an additional 220 individu-

als so that can use [special] spears to cull lionfish.

They also work with the Ocean Support Foundation to

record what is received.

This past year was the ninth year of the Ma-

rine Habitat Assessment Program. We are collecting

data on coral reef, seagrass, algal beds and sand

habitat, across the Bermuda Platform. It enables us to

have a better understanding of changes in habitat,

and also that we can identify key sites for endangered

animals such as the sea turtles and Queen conch.

This year the Marine Ecology Section re-

viewed 29 planning applications pertaining to the ma-

rine environment and one dredging application, and

presented them to the Marine Resources Board within

Official Hansard Report 7 March 2016 1275

Bermuda House of Assembly

four weeks of receiving the application. A decrease

from last year’s number of 35. Of note were applica-

tions relating to the Morgan’s Point Resort, the North

Channel widening, and South Basin marine fill for the

America’s Cup.

The Marine Heritage and Ocean Human

Health. They carry out the mandate of the Historic

Wrecks Act 2001 and they develop the underwater

cultural resources management program, looking at

the shipwrecks and the marine heritage sites.

They worked, obviously, with the local stake-

holders, international media outlets, and the Bermuda

Tourism Authority on several marine heritage-related

initiatives including the production of the soon to be

released South Carolina Education Television

PBS/Look Bermuda film on the wreck of the “Mary

Celestia,” the National Geographic documentary

“Drain the Bermuda Triangle,” and a recent [prime

time French] television programme on TFOne which

featured Bermuda shipwrecks.

Also, following the successful ["Mary Celes-

tia"] shipwreck [perfume] launch some of the wine that

was recovered from the shipwreck was sent to Bor-

deaux University’s Institute of Wine and Vine [for

comprehensive analyses]. The preliminary results of

these tests were revealed at the Charleston Food and

Wine Festival.

Mr. Chairman, we have to recognise the de-

partment, with financial support from the Stempel

Foundation and the Bermuda Zoological Society, con-

tinued to maintain the protected dive site moorings,

which allow visiting local and tours boats to tie up

safely in important ecological and historical areas,

while minimizing damage [that would have otherwise

been caused by anchors]. By the end of the 2015

summer season, 85 per cent of the dive site moorings

had been serviced. We are most grateful to the Stem-

pel Foundation [for its support on this important pro-

ject].

The Fisheries Wardens continue in their ef-

forts to limit illegal fishing activities. They conducted

142 land base inspections at restaurants, food whole-

salers, roadside vendors, the airport, and all shore

side areas where fishing occurs.

Wardens spent approximately 2,200 man

hours patrolling the Bermuda platforms with special

emphasis on the seasonally protected areas off the

east and west ends of the Island. Approximately 420

vessels were stopped with attention paid to the daily

bag limits, size, and species restrictions. These in-

cluded the vessels engaged in licensed sport lobster

diving and licensed spear fishing.

There were 40 complaints from the general

public concerning illegal fishing activities by fisherman

[both licensed and unlicensed]. Fisheries Wardens

recovered 15 illegal fish traps and helped licensed

lobster [and guinea chick fisherman] recover nine lost

or struck traps. Wardens issued 18 warnings to per-

sons fishing from both the shore and from boats for a

variety of minor offences.

Terrestrial Conservation

Hon. Jeanne J. Atherden: Mr. Chairman, cost centre

79090, the Terrestrial Conservation Section manages

the Government Nature Reserves, which is some 200

acres. Activities include clearing invasive plant and

animal species, re-establishing native habitats and

building artificial habitats such as Cahow and Longtail

burrows. An important part of its mission is to provide

environmental and habitat assessment advice to the

Department of Planning for all matters related to ter-

restrial conservation zones.

There was a substantial increase in complex-

ity and oversight in order to mitigate environmental

damage to Bermuda’s sensitive areas. The depart-

ment undertook 194 consultations on planning appli-

cations and looking at proposed landscape schemes.

Mr. Chairman, they continue to be very active

at Coopers Island Nature Reserve with the support of

BeHeC Bermuda. We also panted additional native

and endemic coastal plants around the former radar

tower, now a Wildlife Watch Tower.

On Nonsuch Island, they continue to establish

a Cahow breeding colony. Also, the Cahows have

grown to a new record number of 111 nesting pairs,

and 53 chicks. This compares to only 18 nesting pairs

in 1960. So this is a significant increase.

With the assistance of volunteers from As-

cendant Group they took over 1,000 [invasive] Casua-

rina and Pepper trees from the Castle Island; they

were cleared.

I would like to thank HSBC Bermuda, and As-

cendant Group for all their support.

Animal Management

Hon. Jeanne J. Atherden: Animal management is

comprised of two programmes, which is Veterinary

Services and Animal Control.

Right now they are currently spearheading the

modernizing of the Endangered Animals and Plants

Act 2006 to bring it into full compliance with the (Con-

vention on the International Trade of Endangered

Species of Wild Flora and Fauna) or CITES treaty. It

is very near completion. The Veterinary Services is

playing a leading role in harmonising the rules for the

importation of pets throughout the Caribbean, as

called for by veterinary counterparts of CARICOM.

They are also dealing with daily matters of import of

animal welfare, as well as focusing on the dairy indus-

try to strengthen this portion of Bermuda’s agriculture

and Bermuda’s economy. Veterinary Services contin-

ued its logistical support of the Dairy Enhancement

Program.

With respect to Animal Control, the Animal

Control Section probed 774 complaints in 2015. There

1276 7 March 2016 Official Hansard Report

Bermuda House of Assembly

were also some files submitted to the Department of

Public Participation.

Plant Management

Hon. Jeanne J. Atherden: [This new section] is going

to be the Plant Protection Laboratory and the Agron-

omy Section (based at the Government Agriculture

Marketing Centre).

The Plant Protection Laboratory deals with

pesticides, pre-inspection of crops. We imported

1,099,570 plants over the period.

The Lab regulates the importation of pesti-

cides in Bermuda. Obviously, we have been looking at

this whole question of “Possible Carcinogen” to

“Probable Carcinogen” with respect to public con-

cerns.

We are dealing with the question of gly-

phosate-based herbicides. We have a study which will

be going on which we anticipate we will get the an-

swer by July.

We had a very good Stakeholder Conference

in September 2015, on “Plant Importation Policy.” We

had visiting guests from the Cayman Islands. Right

now we are looking at recommendations which will be

[integrated] into the 10-year Agriculture Crop Strategy.

In terms of the Agronomy, it looks at embar-

goes and extends important importation.

Unfortunately, we saw a small decrease in the

number of registered full-time and part-time farmers.

During the year, there were 1,575 customer

visits to the Marketing Centre and 135 embargoes

went into effect.

It was a promising year for the Beekeeping

Industry.

Pollution Control

Hon. Jeanne J. Atherden: This section deals with

monitoring ambient air, licensing a range of facilities.

We re-issued 21 Construction Permits for Controlled

Plants and 462 re-issued operating licences.

Under the Water Resources Act we deal with

active water rights, and [abstraction] wells, and [dis-

posal] bore holes. We are also dealing with the Pollu-

tion Control Section to the Department of Planning for

a range of developments including the MAWI waste

water treatment plant, Morgan’s Point Resort,

[Tucker’s Point cave assessment, Ariel Sands devel-

opment, North Channel widening and South Basin

marine fill for the America’s Cup in addition to a range

of AC team bases.]

Further to development of [proposed Amend-

ments] to the Clean Air Act, we deal with Controlled

Plants, licences, and we have meetings with the

stakeholders in terms of the HVAC industry groups.

The Amphibian Research programme, con-

tracted to the Bermuda Zoological Society, to address

the input of pollutants derived from vehicle soot

washed from the road surfaces.

With a grant from HSBC, we are focusing on

pollutants that have already entered Cloverdale

[Pond].

Bermuda Aquarium, Museum and Zoo

Hon. Jeanne J. Atherden: We are completing the

renovations to the roof of the Aquarium. And working

on the restoration of the Natural History Museum.

[Inaudible interjection]

Hon. Jeanne J. Atherden: I am on my last two

pages.

PLANS FOR THE UPCOMING YEAR

Hon. Jeanne J. Atherden: This next year will be the

merger [of the two departments] and, obviously, we

are going to deal with [ways to] better manage marine

offenses, waste management and the critical Bait

Fishery.

We will continue the Protected Dive

Site Mooring programme. Animal Management, Public

Health and Veterinary Services. And this is a quick

overview of the department. I would then move that

the budget for Head 79 be approved.

The Chairman: Thank you, Minister. Is there anyone

else who wishes to speak to this one Head?

The Chair recognises the Honourable Mem-

ber from constituency 35, the Honourable Dennis

Lister.

Hon. Dennis P. Lister: Mr. Chairman, I appreciate

the Minister [delivering] her brief as quickly as possi-

ble. I am going to take my cue from that and follow

along.

The Minister had quite a bit of notes that I had

in front of me and I am just basically going to pull

questions off of her notes rather than go through my

notes.

The Head 79 is a new Head which is a com-

bination of the two old Heads that you mentioned.

What I would like to do as I ask my questions would

basically refer to some of the changes that have taken

place with the combination of the two Heads.

Minister, you mentioned that there was a cost

savings by combining the two Heads. My only ques-

tion in regard to the expenditures would be—I think

there are two quick ones I will pull out of the list that I

had here—one would be the salaries. The employee

numbers combined in the former two Heads together

were, I believe, 80 persons, and now it is down to 75

persons underneath the single new Head. But the

salaries have gone up about 30 per cent if you add

the salaries from the two former Heads compared to

Official Hansard Report 7 March 2016 1277

Bermuda House of Assembly

the salary under the single Head. I wondered if you

could give some clarification there.

The other expenditure that stood out that I will

touch on—communication. If you look at the combined

two Heads the cost of communication was $169,000,

and under the new Head it is only $7,000. So it is a

major savings—$162,000 in savings—so I was just

wondering how we can drop so drastically in that area.

I think general communications covers the tele-

phones, cables, faxes, and all those types of things. A

great reduction, but some explanation as to how we

got that reduction.

Under your Revenue Sources, under the new

Head, Minister, there are two revenue sources that

made it from the former list when you go to the two old

Heads. One in particular is the veterinary licences. I

know we still have the veterinary services and you

mentioned veterinary services in your brief just now,

so I am just questioning being that we are still carrying

the veterinary services, how does the licence (which

used to be listed as a separate cost centre) how does

that fit in? Under the old structure there was both vet-

erinary services and veterinary licences that produced

its own sort of revenue source. Are the revenue li-

cences just now being combined within the veterinary

services as a revenue or are was it just omitted by

error?

Also, under your Revenue Sources, one of the

revenue source was commercial permits. That is

down by 75 per cent compared to the old listings.

Likewise, the dog licences. This is an interesting one.

This is up 200 per cent and, again, if you can

give some clarification as to the drastic change in ei-

ther one of those. One is down 75 per cent the other

(the dog licences) is estimated to be up 200 per cent

this year.

I think I mentioned the employee numbers

and the increase in the salaries. Under Capital Devel-

opment, there is a project of $350,000 for minor

works. Just wondering what that may be for and also

why you did not inform me on that one. Last year it

was $250,000 for refurbishing at the Aquarium that

was not spent. So just an explanation on that.

Under your Performance Measures, here is

one that struck out at me, Minister, the number of dog

licences remains steady—we are talking about 4,000

dogs that are licenced. But under the next line there is

a reference that is given to how that relates to the

percentage of all dogs that are eligible to be licensed.

Although there are 4,000 dogs that are going to be

licenced, when you factor that into the total eligibility

we are only hitting about 50 per cent of the total dogs

that could be licenced. I wonder if it is projected at

being at 50 per cent again this year. I am wondering

what can be done to improve that percentage on the

number of dogs that should be licensed.

You mention the feral animals—I think you

mentioned chickens and pigeons—but you missed

cats.

An Hon. Member: Don’t get Suzann started. Don’t

get her started.

[Laughter and inaudible interjections]

Hon. Dennis P. Lister: I will not go back down that

road at this hour of the morning. I am just asking does

the Minister have any numbers on the feral cats. I will

not push the button that I pushed in previous years on

that one.

Minister, I am trying to be cognisant of time.

As you were brief, I am just pulling questions that I

highlighted rather than giving the whole debate. I think

I have touched on the key questions that I had.

The Chairman: Member, did you want the Minister to

try and attempt to answer your questions?

Hon. Dennis P. Lister: Yes, I do, Mr. Chairman. So I

am going to leave plenty of time for her to do that. I

just want to take one last flip through the pages and

make sure that I pulled out the questions that I had

highlighted.

I think those questions are key enough for us

at this point, Minister, if you would like to give a re-

sponse if you can.

Thank you.

The Chairman: Thank you, Member.

Minister?

Hon. Jeanne J. Atherden: Okay. The question on the

salaries—

[Pause]

Hon. Jeanne J. Atherden: I know we did lose one

head when we combined but with respect to why the

salaries are up—I am just waiting while someone—I

can have someone just kind of look at why the sala-

ries are up. But with respect to heads, we lost one

director. So let me answer the others and then I can

come back to you.

With respect to revenue sources, you are ask-

ing about the—

[Inaudible interjections and crosstalk]

The Chairman: Minister, you can always provide the

Member with the questions at a later date.

[Inaudible interjection]

Hon. Jeanne J. Atherden: Yes, that was I was just

. . . Let me give you the answers that come to mind

readily and then—

[Laughter and inaudible interjections]

1278 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Hon. Jeanne J. Atherden: As it relates to the dog

licences, we are anticipating an increase in the li-

cencing fees as we start to try and get people to do

online registration. If we do that we believe that we

can let people do it more efficiently and then we can—

[Inaudible interjections]

The Chairman: Honourable Member, even though

the hour is late, one still must follow the appropriate

protocol.

[Inaudible interjection]

The Chairman: You have a point of order?

Hon. Dennis P. Lister: I was going to restate my

question. The question was, under your performance

measures, last year . . . I think for the last three years

the number of dogs licensed are 4,000. So it is con-

stant. It is staying steady.

But when you look at the next line under per-

formance measures, the eligibility of number of dogs

that could be licensed, that 4,000 represents 50 per

cent of the total number of dogs that are eligible to

license. So it is staying steady. There is no improve-

ment in the number of dogs that are being licensed.

That is what my question is. We do not see an im-

provement. The projection is staying at 4,000 and the

eligibility is staying at 50 per cent over those three

years. There is no change there. I am saying what can

we do to flip that so we can get more dogs that should

be licensed licensed so we do not have so many ille-

gal dogs. Right now we are at 50 per cent.

Hon. Jeanne J. Atherden: Technically, what we are

saying is that if you looked at it we are saying that the

percentage would actually go from 50 to 55 per cent.

Part of the going up to 55 per cent is to start talking

about the online licensing so that we figured that peo-

ple can do it in the privacy of their homes and the

would not have to talk about going down—so that

would increase it.

Also, with respect to the Capital Development,

I think I mentioned earlier that that is the roof repair—

that is the front of it—that we are doing. So that is go-

ing to continue.

With respect to—obviously, we are looking at

the fees for the veterinary licences, et cetera, because

we are looking at all the fees with respect to what type

of time it takes us for this.

There is no answer yet, but I will get you the

information.

[Inaudible interjections]

The Chairman: Minister?

Hon. Jeanne J. Atherden: Can I then move Head—

The Chairman: You can most certainly move the

Head.

Hon. Jeanne J. Atherden: —move the budget for

Head 79 be approved?

The Chairman: Most certainly.

Any objections?

So moved.

[Gavel]

[Motion carried: The Department of Environment and

Natural Resources, Head 79, was approved and stand

part of the Estimates of Revenue and Expenditure for

the year 2016/17.]

The Chairman: Minister, is there another motion you

wish to make?

[Inaudible interjections and crosstalk]

Hon. E. T. (Bob) Richards: Mr. Chairman, I move

that the Committee rise, report progress with leave to

meet again on Wednesday, March 9

The Chairman: It has been moved that the Commit-

tee rise, report progress and ask for leave to sit again.

Is there any objection to that motion?

Agreed to.

Approved.

[Motion carried: The Committee of Supply agreed to

rise and report progress, and sought leave to sit

again.]

[Pause]

House resumed at 2:41 am

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

REPORT OF COMMITTEE

ESTIMATES OF REVENUE AND EXPENDITURE

FOR THE YEAR 2016/17

The Speaker: Members, we have completed Heads

32, 16, 21, 22, 24, 29, 91 and 79—in record time, in

fact.

I am made to understand that Order Nos. 2

through 7 are carried over.

I will recognise the Minister for Economic De-

velopment for consideration of the Electronic Commu-

nications Regulatory Authority Fees.

Minister Dr. Gibbons—

REGULATION

Official Hansard Report 7 March 2016 1279

Bermuda House of Assembly

ELECTRONIC COMMUNICATIONS (REGULATORY

AUTHORITY FEES) REGULATIONS 2016

Dr. the Hon. E. Grant Gibbons: Thank you, Mr.

Speaker, and good morning.

Mr. Speaker, with the Governor’s recommen-

dation and in accordance with Section 36(3) of the

Bermuda Constitution, I move that consideration be

given to draft regulations entitled the Electronic Com-

munications (Regulatory Authority Fees) Regulations

2016 proposed to be made by the Minister responsi-

ble for telecommunications under the provisions of

sections 4 and 11 of the Electronic Communications

Act 2011 as read with Section 44 of the Regulatory

Authority Act 2011.

The Speaker: Carry on.

Dr. the Hon. E. Grant Gibbons: Thank you, Mr.

Speaker.

Mr. Speaker, I am pleased to introduce the

Electronic Communications (Regulatory Authority

Fees) Regulations 2016. As the Minister responsible

for telecommunications I am making these regulations

as per section 6 and 11 of the Electronic Communica-

tions Act 2011 as read with Section 44 of the Regula-

tory Authority Act 2011.

The regulations propose to increase the

Regulatory Authority fee from the current level of

1.5 per cent to 1.75 per cent for the financial year

2016/17.

Mr. Speaker, the Regulatory Authority is

authorised to impose two different types of regulatory

authority fees—service fees and general regulatory

fees. The service fees are charges designed to re-

cover from a licensee a reasonable estimate of the

cost to the Authority of performing a specific function

for which the fee is assessed.

The general regulatory fee is calculated to

cover all expenses incurred by the Authority for the

supervision of the electronic communications industry

that are not recovered from service fees or other

sources.

Mr. Speaker, the Authority is not recommend-

ing service fees for the year 2016/17. Primarily be-

cause they do not anticipate any special circum-

stances that would require the imposition of such a

fee. The fee we are amending tonight (or this morn-

ing) refers to the general regulatory fee.

Mr. Speaker, the Authority’s proposed expen-

diture for 2016/17 is $3,375,500 a reduction of

$182,000 from the approved expenditure for the pre-

vious financial year.

The Authority estimates that the annual rele-

vant turnover during the Financial Year 2016/17

earned by the Integrated Communications Operating

Licence (otherwise known as ICOL) holders would be

approximately $191 million. This turnover would gen-

erate fee income for the Authority of approximately

$3,342,500 if the fees are increased to the proposed

1.75 per cent. Even though this percentage will result

in a slight deficit of $33,000, the Authority is satisfied

that they will be able to manage the potential loss.

Mr. Speaker, as required by section 44 of the

Regulatory Authority Act 2011 the Authority submitted

together with its proposed annual budget a recom-

mendation to the Minister to make regulations to set

the fee for the forthcoming financial year at 1.75 per

cent of the relevant licensable turnover.

Mr. Speaker, I should also note that the same

Section 44 indicates that until such time as the Minis-

ter makes these regulations the said fee would auto-

matically be adjusted by the Consumer Price Index

from the previous financial year.

Mr. Speaker, as the Minister responsible for

telecommunications, having considered both the Au-

thority’s budget and proposed fee, I accept the rec-

ommendation to increase the fee on the basis that the

Authority is able to continue to maintain the high stan-

dard of service delivery that it has established since

its inception.

Mr. Speaker, these 2016 regulations increase

the general regulatory fee from 1.5 per cent to

1.75 per cent of relevant turnover and ensures that

the fee is not automatically adjusted by the Consumer

Price Index from the previous financial year.

Mr. Speaker, I am going to stop there and let

other Members comment should they wish to do so.

Thank you.

The Speaker: Thank you, Honourable Member

The Chair will recognise the Honourable

Member from constituency 35, MP Dennis Lister.

You have the floor.

Hon. Dennis P. Lister: Thank you, Mr. Speaker.

Mr. Speaker, I appreciate the brief that the

Minister gave and the introduction of this. It is basi-

cally some housekeeping that is being done, Mr.

Speaker, to put it in a short context. So there is no

real objection to that.

I just want to ask the Minister—and I was

about to ask him what had the rate increased from

and then as he closed up he mentioned again it is

from 1.5 per cent to 1.75 per cent. But somewhere

before that, Minister, you indicated there would be a

slight decrease that they were going to receive and I

did not quite get where the decrease was coming from

and I was wondering if (when you get on your feet

again) you could just clarify that for us. In a general

sense, we are in support of this, Mr. Speaker, and no

objection to it.

The Speaker: Thank you. Any other Honourable

Member care to speak?

The Chair will recognise MP Foggo from con-

stituency 3.

1280 7 March 2016 Official Hansard Report

Bermuda House of Assembly

Ms. Lovitta F. Foggo: Thank you, Mr. Speaker.

I wonder if the Minister can tell us when we

are going to have audited financials on the Regulatory

Authority.

. the Hon. E. Grant Gibbons: Next week.

e Speaker: Any other Member care to speak?

I will call on the Minister, again.

Dr. the Hon. E. Grant Gibbons: Thank you, Mr.

Speaker.

In relation to the question by the Honourable

Member Mr. Lister, what I had said is that there is a

slight deficit in terms of the fee of 1.75 per cent yield-

ing approximately $3,342,500 which is slightly below

the budget that the Authority actually set for the com-

ing year. But because 1.75 per cent is a nice round

number they think that they can absorb the $33,000

deficit between what they budgeted and what they will

get as a consequence of applying that fee to the rele-

vant turnover of the ICOL licensees. I think that an-

swers the first question.

In relation to the issue of the audited financial

statements, Mr. Speaker, we are very close actually to

bringing that report and the audited statements to the

House, hopefully either before we go down or proba-

bly when we come back in May.

e Speaker: Thank you.

Any other Member care to speak? The Chair

will recognise MP David Burt of constituency 18.

. E. David Burt: Good evening, Mr. Speaker, I

thank the Minister for his answer regarding the au-

dited financials. I just wanted to bring it up as it was a

concern that was expressed to us from members of

the industry that they are giving the money to the

Regulatory Authority, but they had not been able to

see what their money was being used for, so it is

something that industry would like and hopefully they

can get it done in relatively quick order.

e Speaker: Thank you. Any other Honourable

Member care to speak?

The Chair will recognise the Honourable

Member from constituency 15, MP Roban.

. Walter H. Roban: Thank you, Mr. Speaker.

I appreciate the Minister answering questions

thus far in light of the late hour.

Can the Minister give some estimate as to

how much [revenue from] fees have been collected

certainly over the calendar year related to this specific

fee structure?

e Speaker: Thank you.

Any other Honourable Member care to speak?

Minister?

Dr. the Hon. E. Grant Gibbons: Mr. Speaker, the

current estimate for the year we are in right now

(2015/16) was $236 million, but they have not actu-

ally—I do not think they have recovered all of that at

this particular point because we still have a month or

so to go, but in essence the way they budget the fee

is they look at what they expect the relevant turnover

to be and this year they expected $236 million. We

have looked at the first couple of months of this year

(the year we are in right now), and they use that to

budget what they think they are going to get in the

coming year which they believe will be lower at $191

million. As we have not quite finished this year, I am

not sure I can really answer that question yet. But they

are expecting a lower relevant turnover and therefore

they had to up the fee to adjust for a lower relevant

turnover which the fee is applied to if that helps.

e Speaker: Thank you, Honourable Member.

Do you have another question, MP Roban?

Mr. Walter H. Roban: Just for the benefit of the re-

cord, can I assume that the Minister will give more

detail around this during the Budget Debate anyway—

around the whole fee structure and what has been

collected thus far under this structure?

The Speaker: Minister?

. the Hon. E. Grant Gibbons: Mr. Speaker, the

Regulatory Authority will put all this stuff online so I

think it is pretty transparent. At this point I am not sure

quite when that will be, but we are trying to get the

audited financials to the House and all that will be

there basically.

e Speaker: Thank you. Any other Members care to

speak?

Minister, then will you wrap it up?

Dr. the Hon. E. Grant Gibbons: Thank you, Mr.

Speaker.

I want to thank Honourable Members for their

questions.

Mr. Speaker, I move that the draft regulations

be approved and that a message be sent from this

Honourable House to His Excellency the Governor.

The Speaker: Any objections to that?

Thank you, Minister. A message will be sent

to the Governor.

The Chair will now recognise the Honourable

Minister of Finance.

n. E. T. (Bob) Richards: Thank you, Mr. Speaker.

Mr. Speaker, I move that the bill entitled the

Retail Shops (Temporary Customs Duty Relief for

Capital Investments) Amendment Act 2016 which has

[Electronic Communications (Regulatory Authority

Fees) Regulations 2016 approved.]

Official Hansard Report 7 March 2016 1281

Bermuda House of Assembly

been recommended by the Governor be now read a

second time.

The Speaker: Any objections to that? None.

Minister, please carry on.

BILL

SECOND READING

RETAIL SHOPS (TEMPORARY CUSTOMS DUTY

RELIEF FOR CAPITAL INVESTMENTS) AMEND-

MENT ACT 2016

Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker.

Mr. Speaker, this Bill proposes to extend the

Retail Shops (Temporary Customs Duty Relief for

Capital Investments) Act 2008 by a further five-year

period [beginning] on March 31, 2016.

The Act provides a zero rate of customs duty

on imported capital goods intended for the renovation

and refurbishment of retail shops.

This exemption has been in effect since

April 2, 2008 and many properties have benefitted

from the Act that is due to expire this March.

Mr. Speaker, since inception the total value of

goods receiving an exemption under this concession

is approximately $9.9 million. This represents a $2.2

million in customs duty savings for shop owners. The

Government is very much aware the pressure on the

commercial sector and in this regard in 2010 a payroll

tax concession was established for retail stores for the

months of January, February and March recognising

that this was a slower period for retail.

Further relief was provided to the sector in

October 2011 when 100 per cent payroll tax relief was

granted during the recession.

At this time, Government is pleased to extend

this exemption which will reduce the cost for those

retailers who are in business in the long run and who

take the risk to reinvest in the infrastructure on their

shops and premises.

Government is extending this concession to

assist retail traders to put a fresh face on the store-

fronts and to bring shoppers back. Traders in all parts

of the Island will be able to benefit from proposed

concessions.

Mr. Speaker, I invite the Honourable Members

to participate.

Thank you.

The Speaker: Thank you, Minister.

The Chair will now recognise—any other

Member care to speak?

The Chair will recognise the Member from

constituency 18, MP David Burt.

You have the floor.

Mr. E. David Burt: Thank you very much, Mr.

Speaker.

Mr. Speaker, there is nothing controversial in

this Bill. Of course, this was something that was

brought in under the Progressive Labour Party and

the One Bermuda Alliance [has seen] fit to extend it.

The Minister has said how many retailers have bene-

fitted from this already with the total value amount.

I guess the question is, does the Minister

foresee this ending or is this something that we are

going to write into the tax code in perpetuity? I mean,

we are here, we are extending this relief, it is some-

thing that we will just continue to extend and extend.

This was done on a temporary basis initially. It was

again extended and now we are looking to extend it

again for another five years. Does the Minister foresee

this ending in any way, shape or form? I know that we

are rolling back payroll tax concessions for all sectors

but is this something . . . because, understanding the

pressures on the public purse, is this something that

the Minister will look to end anytime in the near fu-

ture? It would be good to know and understand that.

But apart from that, no objections.

The Speaker: Thank you. Any other Honourable

Member care to speak?

I ask that the Minister—

Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker.

I do not foresee this going on in perpetuity.

When we have an opinion that things have improved

sufficiently, quite frankly, I do not expect this to be

rolled over again. As the Honourable Member cor-

rectly said, Government needs the money. This one is

going to be rolled over, but I do not expect this to be

rolled again. Certainly, we do not expect it to be per-

manent in any case.

So, with that, Mr. Speaker, I would like to

move that the Bill be committed.

The Speaker: Thank you. The Minister has moved

that the Bill be committed.

Any objections to that?

There are none. I would like to ask that the

Deputy [Speaker] take the Chair [of Committee].

[Pause]

House in Committee at 2:58 am

[Mrs. Suzann Roberts-Holshouser, Chairman]

COMMITTEE ON BILL

RETAIL SHOPS (TEMPORARY CUSTOMS DUTY

RELIEF FOR CAPITAL INVESTMENTS) AMEND-

MENT ACT 2016

1282 7 March 2016 Official Hansard Report

Bermuda House of Assembly

The Chairman: Honourable Members, we are now in

Committee of whole [House] for further consideration

of the Bill entitled

Retail Shops (Temporary Customs

Duty Relief for Capital Investments) Amendment Act

2016.

I call on the Minister in charge to proceed.

Minister, you have the floor.

Hon. E. T. (Bob) Richards: Thank you, Madam

Chairman.

This is a pretty simple amendment, Madam

Chairman. The Bill extends the end date for a further

five years for duty relief for retail shops importing

goods under the Retail Shops (Temporary Customs

Duty Relief for Capital Investments) Act 2008. I would

like to move both clauses.

Clause 1 is the citation.

Clause 2 amends the end date of the period

of duty relief by five years, from 31 March 2016 to 31

March 2021.

The Chairman: Thank you. Are there any Members

that would like to speak to clauses 1 and 2?

Thank you, the Chair recognises the Member

from constituency 18, Mr. E. D. G. Burt.

You have the floor.

Mr. E. David Burt: It is okay, Madam Chairman, it is

early, I understand.

Just a quick question to the Minister, which I

did not ask in the general debate, if he will allow and

there are no objections to this. You did not mention

the total amount of duty.

Is there any indication inside of your brief

knowing that your technical officers are not here as to

how many shops themselves took advantage—or how

many organisations took advantage of this? That was

just a question from one of my Members.

Apart from that, we have no objection.

The Chairman: Minister?

Hon. E. T. (Bob) Richards: Madam Chairman, I do

not have that information. I can get it, but it will have

to be something for another day.

The Chairman: Thank you. Are there any other

Members that would like to speak to clauses 1

through 2?

No.

Minister, please proceed.

Hon. E. T. (Bob) Richards: Madam Chairman, I

would like to move the two clauses and also move the

Preamble.

The Chairman: Thank you. It has been moved that

the clauses 1 and 2 be approved as printed. Are there

any objections to that motion?

No objections.

Agreed to.

[Gavel]

[Motion carried: Clauses 1 and 2 passed.]

The Chairman: It has been moved that the Preamble

be approved.

Are there any objections to that motion?

No objections.

Agreed to.

[Gavel]

Hon. E. T. (Bob) Richards: Madam Chairman, I

would like to move that the Bill be reported to the

House as printed.

The Chairman: It has been moved that the Bill be

reported to the House as printed.

Are there any objections to that motion?

No objections.

Agreed to.

[Gavel]

[Motion carried: The Retail Shops (Temporary Cus-

toms Duty Relief for Capital Investments) Amendment

Act 2016 was considered by a Committee of the

whole House and passed without amendment.]

[Pause]

House resumed at 3:02 am

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

REPORT OF COMMITTEE

Retail Shops (Temporary Customs Duty Relief for

Capital Investments) Amendment Act 2016

The Speaker: The second reading of The Retail

Shops (Temporary Customs Duty Relief for Capital

Investments) Amendment Act 2016 has been ap-

proved.

We now move to Order No. 10 in the name of

the Minister of Finance.

Hon. E. T. (Bob) Richards: It is carried over.

The Speaker: It is carried over, okay.

Then Order No. 11—is that carried over?

Okay, all the rest are carried over.

Are all matters carried over? Is anyone going

to . . . MP Brown was going to ask that his motion be

. . . yes—

Official Hansard Report 7 March 2016 1283

Bermuda House of Assembly

[Crosstalk]

The Speaker: So we will have—

[Inaudible interjections]

The Speaker: The Chair will recognise now the Mem-

ber from constituency 7.

SUSPENSION OF STANDING ORDER 14

Mr. Sylvan D. Richards, Jr.: Thank you, Mr.

Speaker.

Mr. Speaker, I move that Standing Order 14

be suspended to enable me to present the following

communications to the House of Assembly.

The Speaker: Carry on, yes.

[Motion carried: Standing Order 14 suspended.]

PAPERS AND OTHER

COMMUNICATIONS TO THE HOUSE

LEGAL MORTGAGE AND SECURITY AGREEMENT

BETWEEN THE CORPORATION OF HAMILTON

AND CLARIEN BANK LIMITED

BERMUDA DOLLAR CREDIT FACILITY AGREE-

MENT BETWEEN THE CORPORATION OF HAMIL-

TON (THE “BORROWER”) AND CLARIEN BANK

LIMITED (THE “BANK”)

Mr. Sylvan D. Richards, Jr.: Thank you, Mr.

Speaker.

I have the honour to submit for the considera-

tion of the Honourable House of Assembly a legal

mortgage and security agreement between the Corpo-

ration of Hamilton and Clarien Bank Limited.

The Speaker: Yes.

Mr. Sylvan D. Richards, Jr.: I also have the honour

to submit for the consideration of the Honourable

House of Assembly a Bermuda dollar credit facility

agreement between the Corporation of Hamilton (the

“Borrower”) and Clarien Bank Limited (the “Bank”).

The Speaker: Thank you very much, Honourable

Member.

The Chair will now recognise the Minister of

Finance.

SUSPENSION OF STANDING ORDER 21

Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker.

Mr. Speaker, I move that Standing Order 21

be suspended to enable me to move that the Bill enti-

tled the Retail Shops (Temporary Customs Duty Relief

for Capital Investments) Amendment Act 2016 be now

read for the third time by the title only.

The Speaker: Any objections? There are none.

Carry on, Minister.

[Motion carried: Standing Order 21 suspended]

BILL

THIRD READING

Retail Shops (Temporary Customs Duty Relief for

Capital Investments) Amendment Act 2016

Hon. E. T. (Bob) Richards:

Mr. Speaker, I move that

the Bill do now pass.

The Speaker: Thank you. Any objections?

The Bill is now passed.

[Motion carried: The Retail Shops (Temporary Cus-

toms Duty Relief for Capital Investments) Amendment

Act 2016 was read a third time and passed.]

The Speaker: Mr. Premier?

ADJOURNMENT

Hon. Michael H. Dunkley: Good morning, Mr.

Speaker. I move that we adjourn to tomorrow,

March 9

[Inaudible interjections]

The Speaker: Honourable Members, thank you for

your patience.

The House is now adjourned to tomorrow at

10:00 am.

[Gavel]

[At 3:06 am (Tuesday, 8 March 2016), the House

stood adjourned until 10:00 am, Wednesday, 9 March

2016.]

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