BERMUDA HOUSE OF ASSEMBLY Official House Minutes May 20, 2016 Electronic Version Hon. K. H. Randolph Horton, JP, MP Speaker Disclaimer: The electronic version of these Official House Minutes is for informational purposes only.
Proceedings of the Honourable House of Assembly Session of 2014-2015 No. 17 Friday, 20 th May, 2016 Members Present: His Honour the Speaker, Jeanne J. Atherden, Walton D. Brown, Derrick V. Burgess, David G. Burt, L. Craig Cannonier, Rolfe P. Commissiong, Shawn G. Crockwell, Michael H. Dunkley, Lovitta F. Foggo, Wayne L. Furbert, Dr. Edmund G. Gibbons, Patricia J. Gordon-Pamplin, Suzann Roberts-Holshouser, D.P. Lister, Trevor G. Moniz, Nandi S. Outerbridge, Mark J. Pettingill. Everard T. Richards, Sylvan D. Richards, Walter H. Roban, Michael J. Scott, R. Wayne E. Scott, W. Lawrence Scott, Jamahl S. Simmons, N. H. Cole Simons, Glenn C. Smith, Jefferson C. Sousa, Michael A. Weeks, Kim N. Wilson. 10:15 a.m. Prayer Confirmation of Minutes: Minutes of 7th, 9th, 11th and 21st March, 2016 confirmed. Announcements by the Speaker: The Speaker announced that Members Ms. S.E. Jackson, Ms. L.K. Scott, Hon. Z. DeSilva and the Hon. M.A.R. Bean, absent. The Speaker also introduced the new Administrative Assistant, Ms. K. Minors. The Speaker announced during the lunch break Members are invited to the presentation of the Bermuda Day cake presented by the Market Place. The Speaker welcomed the new Sergeant-At-Arms, Mr. Arnold Allen. The Speaker noted that the Chamber air conditioning was not working. The Speaker also announced the following Members to the Joint Select Committee, which reads as follows: The following Members and Senators have agreed to serve on the Joint Selection Committee to examine the impact unemployment is having on women and their families. MP Kim Wilson Constituency 34 MP Walton Brown Constituency 17 MP Shawn Crockwell Constituency 31 Whip/Junior- Minister Nandi Outerbridge Constituency 2 MP Leah Scott Constituency 30 Senator Georgia Marshall Senator Renee Ming 10:20am Papers and Other communications to the House:- MR. E.T.RICHARDS read the following communication: TO HIS HONOUR THE SPEAKER:- I have the honor to attach and submit for the information of the Honorable House of Assembly the Consolidated Fund Financial Statements for the Year ending March 31, 2015 20 th, May 2016 Mr. E.T.RICHARDS, Minister of Finance DR. the Hon. E.G. GIBBONS read the following communication:- TO HIS HONOR THE SPEAKER
I have the honor to attach and submit for the information of the Honourable House of Assembly the Report of the Regulatory Authority of Bermuda Activities and Audited Financials for the Period January 2013 Dr. the Hon. E.G. Gibbons Minister of Economic Development 20 th, May 2016 MRS. J.J. ATHERDEN read the following communication:- TO HIS HONOR THE SPEAKER I have the honor to attach and submit for the information of the Honourable House of Assembly the Bermuda Hospitals Board (Hospital Fees) Amendment Regulations 2016 Bermuda Tourism Board for the periods ending 31 March, 2013 and 15 December, 2013 20th, May 2016 Petitions: Mr. K.L. Bascome Junior Minister of Tourism MS. NANDI OUTERBRIDGE presented the following petition: The petition by The Hospital s Auxiliary of Bermuda requesting that legislation may be enacted to amend its incorporating Act, The Women s Auxiliary of the King Edward VII Memorial Hospital Act, 1967 to The Hospital s Auxiliary of Bermuda Amendment Act 2016 as set out in the Bill. 20th, May 2016 Hon. J.J. Atherden Minister of Health and Seniors The said petition was referred to the Joint Select Committee on private Bills for consideration and report. MR. L.C.CANNONIER read the following communication:- TO HIS HONOR THE SPEAKER I have the honor to attach and submit for the consideration of the Honourable House of Assembly the Sale and Purchase Agreement of the Harrington Sound Post Office. 20th, May 2016 Hon. L.C. Cannonier Minister of Public Works MR. K.L. BASCOME read the following communication:- TO HIS HONOR THE SPEAKER I have the honor to attach and submit for the information of the Honourable House of Assembly the Financial Statements of the 10:25 a.m. Statements by Ministers:- MR. M.H. DUNKLEY made a Ministerial Statement on his official visit to The Autonomous Region of Azores and signing of a Memorandum of Understanding and the America s Cup World Series New York. MR. M.H. DUNKLEY made another Ministerial Statement 2016 Census of Population and Housing. MR. E.T. RICHARDS made a Ministerial Statement on the UK Prime Minister s Anti- Corruption Summit in London. MR. E.T. RICHARDS made a Ministerial Statement on the Consolidated Fund Financial Statements for the Year ending March 31, 2015.
MR. T.G.MONIZ made two Ministerial Statements on the Modernization of the Law on Bribery and Corruption and the Modernization of the Law of Fraud. MR. R.W. SCOTT made a Ministerial Statement on the School Facility Improvements. Dr. the Hon. E.G. Gibbons made a Ministerial Statement on the Report of the Regulatory Authority of Bermuda Activities and Audited Financials for the Period January 2013 - March 2014. MR. S.D.RICHARDS made a Ministerial Statement on the Heritage Month and Bermuda Day 2016. 11:44a.m. Question Period: Hon. M.H. Dunkley to provide written and oral responses to parliamentary questions from Mr. E. D.G. Burt. 1. *In the 2015 Throne Speech the Government stated the following: In keeping with its commitment to increase levels of openness, transparency and financial accountability, the Government will introduce new regulations for the awarding of contracts. The regulations, which contain a Code of Practice for Project Management and Procurement, will apply to all public authorities in the procurement of goods, services and works for the government. Before the regulations are tabled, and before the end of 2015, the Code will be made available to the public on the Office of Project Management and Procurement s website at www.opmp.gov.bm. Would the Honourable Premier please advise this Honourable House when the Code of Practice for Project Management and Procurement will be made available to the public via the Internet? 2. Would the Honourable Premier please table the MOU signed between the Azores and Bermuda in this Honourable House; and if he will make a statement? MR. W.L.FURBERT asked a supplementary MR. W.L.FURBERT asked a second supplementary MR. W.H. ROBAN asked a second MR. M.J.SCOTT asked a supplementary MR. W.L.FURBERT asked a supplementary MR. R.P.COMMISSIONG asked a supplementary MR. R.P.COMMISSIONG asked a second supplementary MR. D.P.LISTER asked a supplementary MR. E.D.G. BURT asked a second supplementary Hon. L.C. Cannonier to provide answers to written parliamentary questions from Hon. D.P. Lister. Will the Honourable Minister please inform this Honourable House as to how many visits has staff from the Water Section made relating to the report of brown water since December 2012, to date? Al. There have been periodic complaints about water quality immediately after service interruptions for decades. This issue historically had been attributed to debris in the supply lines and the discoloration would always clear up soon aft r service was restored. As a matter of procedure, the Water and Sewage Section always sends chnical personnel to the site when they are contacted directly about a customer water quality omplaint. This continues to be the practice. The records of these instances and the specific n1 mber of visits are not recorded as no work was performed. The earliest documented work rel ted to brown water occurred in the Autumn of 2015. 2.Will the Honourable Minister please inform this Honourable House as to how many times have
residents affected by the brown water been contacted since December 2012 and what updates were given to them? 3. Will the Honourable Minister please inform this Honourable House as to what has been the total cost to date, and what will be the final cost to remedy the problem? Approximately $33,520.00 has been spent to daj on the main's bypass which has remedied the issues of the discoloured water. A further 500k is planned for required infrastructure upgrades, related to the pressure and flow of water but not the quality. Hon. P.J.Gordon-Pamplin to provide answers to written parliamentary questions from Mr. W.H.Roban. 1.Will the Honourable Junior Minister please provide this Honourable House with information, on how many applications are pending and also have been approved for Bermuda Status under the clause 20B(2)(b) provision of the Bermuda Immigration and Protection Act 1956 from January 1, 2013 to date? Answer: Since January 1, 2013, there are 523 pending applications and 317 approved applications for Bermudian status under Section 20B (2)(b) of the Bermuda Immigration and Protection Act 1956. 1. Will the Honourable Junior Minister please provide this Honourable House with information as to whom specifically and how much has the government paid for private firms to process Bermuda Status applications since January 1, 2013 to date? Answer: The Government has not paid any private firms to process Bermudian status applications. 2. Will the Honourable Junior Minister please provide this Honourable House with information on how much has the Ministry of Home Affairs and Department of Immigration paid out to private firms relating to all Immigration matters (non-legal and legal) since 1January? Answer: The Ministry of Home Affairs and the Department of Immigration has paid out $142,958 to private firms relating to all Immigration matters (legal and non-legal) since January 2013 to present. This amount represents the following: 11:55a.m. MR.C.W. BROWN asked Mr.M.H. Dunkley a question on his Ministerial Statement concerning his Azores trip. MR.W.H. ROBAN asked a supplementary MR. W.H. ROBAN asked a supplementary question MR. C.W.BROWN asked a MR.C.W.BROWN asked a supplementary MR.R.P.COMMISSIONG asked a supplementary MR.R.P.COMMISSIONG asked a MR. W.L.FURBERT asked a supplementary MR. W.H. ROBAN asked a MR. E.D.G. BURT asked a MR.E.D.G. BURT asked a supplementary MR.E.D.G. BURT asked a second supplementary MR.E.D.G.BURT asked Mr. M.H. Dunkley a question on his visit to New York concerning the America s Cup. MR.E.D.G.BURT asked Mr. E.T.RICHARDS a question on his UK Prime Minister s Anti- Corruption Summit in London. MR. W.H.ROBAN asked Mr. E.T. Richards a question on his UK visit to London. 12:11p.m. MR.E.D.G.BURT asked Mr. E.T.RICHARDS a question concerning his Statement regarding the
Consolidated Fund Financial Statements for the Years ending March 31, 2015. MR. E.D.G. BURT asked a second supplementary question MR. M.J.SCOTT asked Mr. T.G. Moniz a question on his Ministerial Statement concerning the Modernization of the Law on Bribery and Corruption. MR. M.J.SCOTT asked Mr. T.G. Moniz a question on his Ministerial Statement concerning the Modernization of the Law of Fraud. MR. M.J.SCOTT asked a supplementary 12:30 p.m. MR. M.H. DUNKLEY moved that the House do now adjourn for lunch until 2:p.m., which was agreed to. 2:03p.m. The House Resumed, question period resumed. 2:05 p.m. MR. J.S.SIMMONS asked a question to Dr. the Hon. E.G. Gibbons on his Ministerial Statement concerning the Report of the Regulatory Authority of Bermuda Activities and Audited Financials for the Period January 2013. MR. J.S.SIMMONS asked a second 2:09pm MS. L.F. FOGGO asked a question to Mr. R.W. Scott on his Ministerial Statement concerning the School Facility Improvements. MS. L.F.FOGGO asked a second question MS. L.F.FOGGO asked a third question question MR. E.D.G. BURT asked a second supplementary MR. W.H. ROBAN asked a MR. W.H. ROBAN asked a supplementary MR. D.V.S.RABAIN asked a MR. D.V.S.RABAIN asked a supplementary MR. D.V.S.RABAIN asked a second question 2:24pm Congratulatory and Obituary Speeches. (Members may refer to Hansard) 3:10pm The Deputy Speaker called for a moment of silence in memory of former Member and Minister of Finance, the late Hon. Dr. Clarence James. 3:12pm Introduction of Bills: Dr. the Hon. E.G. Gibbons introduced and read for the first time by its title the Bill entitled the Partnerships and Companies Amendment Bill 2016. Mr. T.G. Moniz on behalf of Mrs. J.J. Atherden introduced and read for the first time by its title the Bill entitled the Rent Increases (Domestic Premises) Control Amendment Bill 2016. Mr. T.G. Moniz introduced and read for the first time by its title the Bill entitled the Liquor License Amendment Bill 2016. 3:14pm Mr. E.D.G. Burt asked for leave to introduce and read for the first time by its title the Bill entitled the Statutory Interest Rate Reduction Act 2016.
3:15pm Orders of the Day Order numbers 1-5 were carried over On Motion by Mr. S.D. Richards the Bill entitled Human Rights Amendment (No.2) Act 2016 was read a second time. 3:25pm MR. M.A.WEEKS 3:32pm MS. N.S. OUTERBRIDGE 3:22pm MS. K.N.WILSON 3:38pm MR.S.G.CROCKWELL 3:47pm MRS P.J.GORDON-PAMPLIN 3:52pm MRS. J.J.ATHERDEN 3:54pm MR. S.D.RICHARDS 3:57pm Bill Committed Mr. G.C. Smith in the Chair. 3:58pm Mr. S.D. Richards moved Clauses 1-6 4:02pm- MR. M.A.WEEKS 4:05pm- MR. D.V.S.RABAIN 4:07pm-MR. S.D RICHARDS 4:08pm- MR. D.V.S.RABAIN 4:11pm- MR. S.D RICHARDS 4:17pm- MR. D.V.S.RABAIN 4:20pm-MR.T.G.MONIZ 4:21pm- MR. D.V.S.RABAIN 4:23pm- MR. S.D RICHARDS 4:24pm- MR. D.V.S.RABAIN 4:32pm Mr. S.D. Richards moved an amendment to Clauses 3 in 3(b) and 3 (c) which reads as follows: 4:34pm- MR.D.V.S.RABAIN 4:34pm-MR. T.G.MONIZ 4:35pm-MR.S.D.RICHARDS 1. in clause 3(b), delete the words "(except where there are valid reasons relevant to the nature of the particular offence for which he is convicted that would justify the difference in treatment)"; 2. in clause 3(c), delete the words "(except where there are valid reasons relevant to the nature of the particular offence for which he is convicted that would justify the difference in treatment)". Mr. S.D. Richards moved Clauses 3 (b) and 3 (c) with amendment, which was agreed to. Clauses 1-6, as amended were agreed to. The Preamble was agreed to. The Committee rose. The House resumed. The Chair reported the Bill as amended, which was agreed to. 4:40pm On Motion by Mr. E.T. Richards the Bill entitled the International Cooperation (Tax Information Exchange Agreements) Amendment Act 2016, was read a second time. 4:37pm-MR.E.D.G.BURT 4:42pm Bill Committed Mr. G.C. Smith in the Chair 4:43pm Mr. E.T. Richards moved Clauses 1-3 and he moved an amendment for a new Clause 2A to be inserted in the Bill Clauses 1 and 2 were agreed to. Mr. E.T. Richards moved Clause 2A with an amendment which reads as follows: 2A The International Cooperation (Tax Information Exchange Agreements) Act 2005 is amended by inserting after section 11 of the following new section
Regulations 12 (1) The Minister may make such regulations as he considers expedient for carrying the purposes and provisions of this Act into effect. (2) Regulations made by the Minister under subsection (1) shall be subject to the negative resolution procedure. The amendment Clause 2A was agreed to. Clause 3 was agreed to. Clauses 1-3 as amended were agreed to. The Preamble was agreed to. The Committee rose. The House resumed. Order numbers 8 and 9 were carried over. The Chair reported the Bill to the House, which was agreed to. 4:57pm Mr. K.L. Bascome moved for consideration be given to the draft Order entitled The Hotels Concession (Tucker s Point Hotel and Resort) Order 2016, which was agreed to. 6:46pm 5:05pm-MR.J.S.SIMMONS 5:15pm-MR.W.L.FURBERT 5:20pm-DR.E.G.GIBBONS 5:35pm-MR.S.G.CROCKWELL 5:50pm-MR. R.P.COMMISSIONG 6:05pm-MR.J.C.SOUSA 6:10pm- MR.E.D.G.BURT 6:15pm- MR.E.D.G.BURT 6:17pm-MR.M.H.DUNKLEY 6:30pm-MR.S.G.CROCKWELL (POC) 6:35pm-MR.E.T.RICHARDS 6:40pm-MR.E.D.G.BURT 6:46pm-MR.K.L.BASCOME Mr. K.L. BASCOME moved that the said draft Order be approved and that the following messages be sent to His Excellency the Governor:- (No. 18) MAY IT PLEASE YOUR EXCELLENCY The House of Assembly having had under consideration the draft Order entitled the, The Hotels Concession (Tucker s Point Hotel and Resort) Order 2016, has the Honour to inform your Excellency that the House has approved the said draft Order. The Order was approved, which was agreed to. Order number 11 was carried over. 6:50pm Mr. E.D.G. Burt moved the following motion notice of which was given on 16, December 2015, which reads as follows: That this Honourable House take note of the Minister of Finance Response to the Report of the Parliamentary Standing Committee on the Public Accounts on The Special Report of the Auditor General on The Misuse of Public Funds, tabled in the House on 17th July 2015, tabled in the House on 17th July 2015. 7:10pm-MR. N.H.C.SIMONS 7:20pm-MS.L.F. FOGGO 7:40pm-MR. E.T.RICHARDS 7:55pm-MR.D.V.BURGESS 8:20pm-MR.M.J. SCOTT 8:35pm-MR.T.G.MONIZ 8:36pm-MR.E.D.G.BURT 8:37pm-MR. T.G.MONIZ 8:39pm-MRS. P.J.GORDON-PAMPLIN 8:57pm The Motion debate concluded. The House took note. Mr. E.D.G. Burt moved for leave of the House in accordance with Standing Order 25(3), to reinstate for a further three months the Motion standing in his name relating to the Minister of Finance Response of the Auditor General on the work of the Auditor General and on the Accounts of the Government of Bermuda for the Financial Years ended 31 March, 2009 and
2010, which appears on the Order Paper as Item No. 13, which was agreed to. Mr. R.P. Commissiong moved for leave of the House in accordance with Standing Order 25(3), to reinstate for a further three months the Motion standing in his name relating to the Employment and the Underemployment of Bermudians, which appears on the Order Paper as Item No. 14, which was agreed to. Mr. E.D.G. Burt, on behalf of Hon. W.L. Furbert, moved for leave of the House in accordance with Standing Order 25(3), to reinstate for a further three months the Motion standing in his name relating to, the Decrease in the number of jobs and the creation of new Jobs which appears on the Order Paper as Item No. 15, which was agreed to. Mr. E.D.G. Burt, on behalf of Mr. M.A. Weeks, moved for leave of the House in accordance with Standing Order 25(1), to withdraw the Motion standing in Mr. M.A. Week s name which appears on the Order Paper as Item No. 16, which was agreed to. MR.M.H. DUNKLEY moved that the House do now adjourn, which was agreed to. 9:05pm MR. W.L.A.SCOTT 9:11pm-MR.W.L.A.SCOTT 9:14pm-MR. W.L.A.SCOTT 9:16pm-MR.W.L.A.SCOTT 9:18pm-MR. W.L.A.SCOTT 9:20pm-DR. E.G.GIBBONS 9:25pm-MR. W.H.ROBAN 9:33pm- MRS. S.ROBERTS HOLSHOUSER in the Chair 9:40pm- MR.E.D.G.BURT 9:41pm- MR. SPEAKER in the Chair 9:59pm- MR.E.T.RICHARDS 10:12pm- MR.M.J.SCOTT 10:13pm-MR. L.C.CANNONIER 10:19pm-MS.L.F.FOGGO 10:20pm-MR.M.H.DUNKLEY 10:31pm The House adjourned to Friday 27 th May 2016, at 10:00a.m. 9:01pm MR. S.D. RICHARDS, moved that Standing order 21 be suspended to enable him to move that the Bill entitled the Human Rights Amendment (No.2) Act 2016 be now read a third time, which was agreed to. On the motion of MR. S.D.RICHARDS, the Bill entitled the Human Rights Amendment (No.2) Act 2016 was then read the third time and passed. MR. E.T. RICHARDS, moved that Standing order 21 be suspended to enable him to move that the Bill entitled the International Cooperation (Tax Information Exchange Agreements) Amendment Act 2016 be now read a third time, which was agreed to. On the motion of MR. E.T. RICHARDS, the Bill entitled the International Cooperation (Tax Information Exchange Agreements) Amendment Act 2016 was then read the third time and passed. 9:05pm