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By Keith Archibald Forbes (see About Us).
Benefit of website linkage to Bermuda Online while traveling
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The
public must hold elected officials to account to address inequality, according
to outgoing human rights commission chairwoman Tawana Tannock. Ms Tannock
said many people have blamed political parties for divisive rights issues that
have dominated headlines during recent years. However she argued voters have a
responsibility to ensure those in power tackle matters such as discrimination.
Ms Tannock steps down from the HRC today after serving as chairwoman since 2016.
During that time, same-sex marriage was made legal, banned again and then made
legal once more, although the Government is hoping to ban it through London’s
Privy Council in the new year. The Government also passed legislation
prohibiting discrimination on the grounds of mental illness. Ms Tannock said:
“We have witnessed a growing awareness and appreciation for the rights issues
facing Bermuda, evidenced by an unprecedented level of public and stakeholder
involvement, inquiries and complaints to the Human Rights Commission and the
growing body of human rights related legislative developments and legal
precedents. Preferring passion to apathy, while we do not support positions that
seek to deny the rights of others, we do appreciate opportunities for dialogue
and public participation that serve to advance the discussion on the protection
and balance of rights. Over the past six years of my appointment I have often
heard blame on divisive rights issues being laid at the feet of the OBA or the
PLP and their elected officials. However we should not absolve the voting public
of their responsibility for policies proposed and sometimes implemented. If
there is an ongoing system of inequality in our Bermuda in an area protected
under the Human Rights Act 1981, we have an obligation to ensure that our
elected officials are working to address it in a manner consistent with the
advancement of human rights. Conversely, we should all share pride in the
progress that Bermuda has made over the past six years, which far outpaces many
Caribbean nations and other larger jurisdictions around the globe. There have
been changes which many thought they would never see in their lifetime (and I
dare say, perhaps hoped not to see).” Ms Tannock said 2018 was ending with
“an increased awareness of the definition and acknowledgement of
discrimination”. She continued: “We can be sure that the task that lies
ahead regarding the protection and balancing of rights, while daunting is not
insurmountable if we strive to ensure that our neighbour is afforded the same
rights and protections due to us.” She thanked activists, human rights
defenders and officers of the HRC, and noted the work of deputy chairman John
Hindess and commissioners Carla George, Ben Adamson, Carolyn Thomas, Jahan
Cedenio, Dany Pen, Quinton Butterfield, Jonathan Young, Jens Juul, Donna Daniels
and Kim Simmons. A new team of human rights commissioners is expected to be
appointed by the end of January.
One
of Bermuda’s most popular cricketers was shocked when he was told he was to
appear in the New Year’s Honours List. Janeiro Tucker, known as “Mr Cup
Match” for his success at the annual match, was awarded the Queen’s
Certificate and Badge of Honour — one of six Bermudians recognized in the
honours list. Mr Tucker said yesterday: “I was surprised when they called me.
Totally surprised. I thought it was for ministers of Parliament and people like
Shaun Goater. Professionals. I’m honored.” He added he heard about the award
by a phone call on Friday, just hours before the list was announced. Mr Tucker
said: “I was wondering if they had the right person. They didn’t really
explain it. They just said I was honored on the Queen’s new year’s list. My
family are all excited about it as well. To get this kind of recognition is
really amazing.” He added: “I got into cricket because of my father and
because it was a sport I liked, not to get awards and stuff like that. I don’t
play for awards, but it is an honour.” Mike Winfield, the chief executive of
the America’s Cup Bermuda Development Authority and a part of the bid team
that brought Bermuda the 2017 event, was appointed a Member of the Order of the
British Empire Mr Winfield was surprised to receive the award, especially as
more than a year had passed since the island’s successful hosting of the
America’s Cup. The veteran hotelier said: “I had a number of different
thoughts and feelings at the same time when I heard the news. I was extremely honored
by the recognition and at the same time very grateful for the faith that had
been put in me. I was given an opportunity to serve the country I love so much
and I feel so much gratitude for all the people who have helped me along the
way.” Mr Winfield said he was honored to receive the award, but that he was
only one part of the team that made the America’s Cup a success. He added:
“I think part of this comes from my work with the America’s Cup and the
success of the America’s Cup was never due to the work of just one person. It
was through a whole team. I’m really accepting this as part of the ACBDA team,
not just for myself.” Other Bermudian honorees this year included former One
Bermuda Alliance politician Grant Gibbons, former police officer Mark Norman,
veteran journalist Meredith Ebbin, and cricket commentator Sean Tucker. Dr
Gibbons, who led Bermuda’s America’s Cup bid, was appointed an Officer of
the Order of the British Empire. Mark Norman, who helped bring the road safety
programme Project Ride to the island, was appointed a Member of the Order of the
British Empire. Meredith Ebbin, who writes on politics, education and social
matters, was awarded a Queen’s Certificate and Badge of Honour. Sean Tucker, a
radio cricket commentator who will mark 35 years in broadcasting in 2019, was
also awarded a Queen’s Certificate and Badge of Honour.
Hannover
Re’s Bermudian-domiciled Kaith Re vehicle has issued a $10 million private
catastrophe bond transaction to cover California earthquake risk. The
Artemis.bm alternative risk transfer news website reported that the so-called
“cat bond lite” transaction was for an unknown cedant. Hannover Re has been
busy using its Kaith Re transformer vehicle to facilitate the securitisation of
reinsurance and retrocessional risks for investors and cedants. Artemis said
that the latest private catastrophe bond, LI Re (Series 2018-1), meant that
Hannover Re had now assisted in the issuance of $97 million of securitised risk
to investors just in the last week. This is the first LI Re transaction since a
year ago and it covers the same risks of California earthquake. Artemis reported
that the underlying transaction would be a one-year collateralized reinsurance
or industry loss warranty deal, as are most common with private cat bonds. The
$10m of LI Re Series 2018-1 private cat bond notes issued through Kaith Re have
been listed on the Bermuda Stock Exchange.
A
31-year-old man was arrested yesterday in connection with a gun murder outside a
Christmas party at a sports club at the weekend. The news came after Ronniko
Burchall, 30, was shot several times and seriously injured as he stood outside
St David’s County Cricket Club in the early hours of Saturday. Mr Burchall was
rushed to the King Edward VII Memorial Hospital, but died at 4pm yesterday. The
31-year-old was arrested in St David’s about 20 minutes after Mr Burchall’s
death. Acting Inspector Jason Smith said a gunman opened fire at about 1.40am as
the club was busy with more than 100 guests. He said: “The suspect left on
foot, and it is believed that he ran towards the general area of Cashew City in
St David’s.” Mr Smith added that several people who were at the party had
been interviewed, but officers wanted to speak to anyone else who might have
information. He said: “We would like to speak to any persons who were at the
club during the incident. We are equally interested in communicating with any
individuals who may have seen or heard anyone acting suspiciously in the Cashew
City Road area. Mr Smith added that police were keen to trace a car that drove
along Cashew City Road just after the shooting. He said that officers had
recovered CCTV footage from the club and asked for anyone else who may have
recorded the incident to come forward. Mr Smith confirmed that the shooting was
gang-related. The club expressed “sincere regrets” in a statement from the
executive management, which was posted on its Facebook page Sunday morning. It
said: “Our hearts and minds are currently on those who have been impacted
negatively by this event. The executive want to encourage everyone no matter
what part of our great island you may reside to join us in directing prayers and
positive thoughts to the recovery of the injured young man and to the comfort of
his family. The safety of customers was paramount. We take violent events
such as these very seriously and we made sure that every possible measure was in
place. Club management as well as security personnel hired for the event acted
quickly after the shooting to notify emergency services, make sure the victim
received first aid, and kept other party attendees safe. Our event stopped
immediately and the venue was closed. The club will not tolerate antisocial behavior.
We will continue to strive for the safety of all patrons that come to our
facility — that come to our home.”
The statement said that the club was helping police with their investigation Wayne Caines, the Minister of National Security, said that he was “deeply concerned” and promised that anyone involved in the shooting would be held responsible for their “heinous act”. Mr Caines added: “The Bermuda Police Service are in the early stages of this investigation and they have my full support.” He said that Pastor Leroy Bean, Bermuda’s gang violence reduction co-ordinator, and the Co-ordinated Crisis Response Team had visited the scene and the hospital, where they “offered support services to the victim’s family and others affected by this traumatic experience”. Mr Caines added: “These occurrences are becoming more frequent and we must all work together to ensure such behavior is not normalized.” Mr Caines said that an increased police presence would be out this weekend and on New Year’s Eve and encouraged those with information about the shooting to come forward. Ben Smith, the Shadow Minister of National Security, said that acts of violence “by a segment of our population has become the norm”. The One Bermuda Alliance MP added: “We can put together plans to tackle the issues, have task forces and programmes as much as we want but until Bermuda is fed up with the behavior and our citizens start to speak up about these individuals, this madness will continue.” He questioned when “the code of silence” would end “so that neighborhoods aren’t held hostage by a few bad apples”. Mr Smith said: “We have many issues in Bermuda that divide us but we cannot continue to make excuses for the small segment that is willing to resort to senseless violence.” Anyone with information that could help the inquiry should contact the Serious Crime Unit on 295-0011 or the confidential Crime Stoppers hotline on 800-8477.
A
man shot dead at a sports club had faced trial for murder and attempted murder.
Ronniko Burchall was shot at point-blank range outside a Christmas party at St
David’s County Cricket Club in the early hours of Saturday and died of his
injuries yesterday afternoon in the King Edward VII Memorial Hospital. Mr
Burchall, the goalkeeper for Boulevard Community Club, was one of three men
charged with attempted murder in the Supreme Court in 2013. The men, who denied
the charge, were accused of shooting another man in his buttocks outside a house
on Mission Lane in Pembroke in February of the previous year. Puisne Judge
Stephen Hellman ordered the jury to find them not guilty of attempted murder,
and the men were tried on a lesser charge of causing grievous bodily harm and
using a firearm. A jury cleared all three, along with another man charged with
handling a firearm. Mr Burchall faced a murder charge in 2011 alongside his
half-brother, Leroy Symons. It was alleged that they were responsible for the
shooting murder of Shane Minors, who was 30, outside his home in South Terrace,
Pembroke, in the early hours of December 17, 2009. Both men pleaded not guilty
to the charge but blamed each other for the killing during the trial. The murder
was said in court to have been carried out by Pembroke’s Parkside gang as part
of a feud with the 42 gang, also from Pembroke. Prosecutors suggested the
victim’s younger brother, Shaki Minors, alleged in court to be a 42 member,
was the intended target, as Mr Minors had no gang links. The court heard that
Shaki Minors and his girlfriend were the victims of a murder attempt in St
David’s the month before his brother was killed. He and his teacher
girlfriend, Renee Kuchler, were shot outside the Southside Cinema, which is now
closed, but survived the attack. Mr Burchall was claimed in court to be
associated with the Parkside and Middletown gangs. He was alleged to have been
the gunman and it was further alleged that Mr Symons had aided and abetted him
by giving him directions to the scene and showing him how to use the gun. A jury
cleared both men of the charges by a unanimous verdict. Mr Burchall was shot at
about 1.40am outside the St David’s clubhouse.
Police
continue to search for a person of interest after a fatal shooting over the
weekend, the head of the Bermuda Police Service said this afternoon. Stephen
Corbishley, the Commissioner of Police, also said the public could expect to see
a stepped up police presence — including armed officers — on the streets in
the days ahead. The update this afternoon comes a day after police announced
that a 31-year-old man had been arrested in connection with the murder of
Ronniko Burchall. Mr Burchall, 30, was fatally shot as he stood outside St
David’s County Cricket Club early Saturday morning. Mr Corbishley said the
person of interest knew he was being sought by police, as did his family and
friends. He added: “I urge him to turn himself in — to come to us and answer
questions.” Mr Corbishley said that police wanted to ensure the person’s
safety. He added that there had been an “increase in gang tensions” over the
last 72 hours. Mr Corbishley said that police would be taking “robust
measures” to ensure public safety tonight and in the days ahead. He added that
the BPS would be working with the Bermuda Football Association to keep
spectators safe at holiday football matches. Mr Corbishley said that those
responsible for Mr Burchall’s murder would be brought to justice. He added:
“I won’t tolerate this violence.” Mr Corbishley stressed that police were
also examining the “deep-rooted causes” leading to the violence along with
Government representatives and Pastor Leroy Bean, the island’s gang violence
reduction co-ordinator. He said that questions from the community about what was
being done about the problem were right. The Commissioner described policing as
“sometimes like an iceberg”. He explained: “People will only see what’s
visible on the top.” But he added: “The reassurance that I put across is
that the activity that’s taken place through intelligence, and other
resources, is considerable. Every single officer and every single member of
staff is attending to issues that we currently face.” Mr Corbishley pointed to
the introduction of parish constables and a restructure of teams across the
service as changes to policing coming in 2019. He added: “We’re changing the
service to be more visible, and we’re changing the service to be more
responsive to the community.” Mr Corbishley said that the latest murder showed
that guns were still on Bermuda’s streets despite the seizure of three weapons
this month. He added that the number of guns was “very few” but that to
provide a specific number would be “guesswork”.
Digicel’s group chief
executive officer has died while on vacation in his native Germany. The
Bermuda-domiciled international telecommunications company revealed that Alex
Matuschka Von Greiffenclau died last Thursday at the age of 47. His death came
days after Digicel clinched a massive debt restructuring deal with bondholders
after a process in which Mr Von Greiffenclau was a key figure. “No words can
adequately express our sadness at Alex’s passing or our gratitude for having
worked with him,” Denis O’Brien, Digicel’s founder and chairman, said in a
note to employees last Friday. “Digicel has lost a committed hard-working and
exceptional chief executive.” Digicel, whose operational headquarters are in
Jamaica, offers telecoms services in 31 markets, including Bermuda and many
Caribbean islands. Mr Von Greiffenclau, who joined Digicel as group CEO in
February, had been negotiating with bondholders for about four months as the
company grappled with its $6.7 billion debt pile. A deal was announced in the
week before Christmas. It involved the majority of holders of $3 billion worth
of bonds agreeing to swap their notes for longer-dated securities. Some 96.6 per
cent of holders of $2 billion of bonds due in 2020 agreed to exchange their
notes for securities that will be due to be redeemed in 2022. Meanwhile, 95.4
per cent of those holding Digicel’s $1 billion of existing 2022 bonds agreed
to swap their holdings for notes that will mature in 2024. The Financial
Times reported this month that there had been “anxiety about a possible
default on the $2 billion bond due in 2020” and that Digicel bonds had been
trading for 60 or 70 cents on the dollar. Mr Von Greiffenclau spearheaded an
initiative to reduce Digicel’s debt to 5.7 times earnings before interest,
tax, depreciation and amortization from a ratio of 6.7 times at the end of the
group’s last financial year in March, the Irish Times reported. The
plan involves boosting earnings by 10 per cent to about $1.1 billion for the
current financial year, and generating about $500 million from asset sales.
Digicel executives signaled to analysts in November that as the sale of noncore
assets is dragging on, it may not reach the debt ratio target as originally
planned at the end of March 2019. Digicel scrapped plans for an initial public
offering of shares in 2015, which could have helped to reduce its debt, on the
grounds of market volatility at that time. Mr O’Brien, an Irish billionaire
who has taken over as interim CEO, said of Mr Von Greiffenclau: “Those of us
who have been fortunate enough to know him on a personal level have lost a dear
friend. Over the coming days, we will share our thoughts for a suitable
commemoration of Alex and his enormous contribution to the transformation of
Digicel.”
Glenn
Blakeney Jr, the hard-hitting and record-breaking batsman, has died after
complications from a prolonged struggle with cancer. His father, Glenn Sr,
the owner of Inter-Island Communications and former Progressive Labour Party
Cabinet minister, confirmed the news this morning. Mr Blakeney said that his
son, who would have turned 46 on January 22, had passed peacefully surrounded by
close family members at the Stony Brook University Hospital in Long Island, New
York. Glenn Jr, officially Glenn Smith Blakeney, came to prominence as a flashy
young left-hander with Hamilton Parish Workman’s Club in the late 1980s. He
was small of stature but packed a mighty wallop with his willow, giving the
impression that Bermuda would be seeing and hearing a lot more about him in
future. He did not disappoint. By natural progression in the region, following
in the footsteps of leading Hamilton Parish players such as Ricky Hill, Terry
Burgess and Corey Hill, he moved a few miles farther east to Bailey’s Bay
Cricket Club. It is at Sea Breeze Oval where he took advantage of the broader
stage and gained selection for Bay in the Eastern Counties Cup, which propelled
him into the reckoning for Cup Match and a Bermuda call-up. He made his Bermuda
debut in 1993, but his ICC Trophy Tournament debut did not come until the 1997
tournament in Malaysia, after which he was a regular. In 20 Cup Match innings
between 1991 and 2012, he scored 621 runs with an average of 34.50 and a high
score of 104. Amid a flurry of runs both here and overseas, Glenn Jr enjoyed a
prosperous 1995 summer in England with club side Benwell Hill in the
Northumberland County League, in the North of England, where fellow Bermudians
Clay Smith, Dean Minors and Greg Foggo also had stints. But it is on home soil
where he is best remembered as the only modern-day cricketer to three times
amass scores in excess of 200 — 245 for St David’s against Willow Cuts in
August 2001, 303 not out for St David’s against Bailey’s Bay in August 2002,
and an Eastern Counties-record 218 for Bailey’s Bay against Flatts in August
2011. All of which earned him the moniker “Master Blaster”. Kidney cancer
was diagnosed in March 2013 and the young man who had dominated on the cricket
field for so long accepted that he was in for another battle. “Brave” was
how Glenn Sr described his son’s demeanor over the past few years. The
Progressive Labour Party issued a statement of condolences this afternoon,
hailing him as “a renowned cricketer of immense talent and commitment. He
represented Bermuda both internationally and locally during his career. He was a
dedicated member of Bailey’s Bay Cricket Club and St. George’s Cup Match
team for many years. His passing leaves a tremendous void in the cricketing
community.” The PLP offered “heartfelt condolences” to Mr Blakeney’s
wife Twynika and their three children, as well as to Glenn Sr and his wife Gwen,
his mother Karen, and his family and friends. The statement added: “Our hearts
go out to you all during this most difficult time.” Funeral announcements will
be made in due course.
Every
death at the island’s general and psychiatric hospitals is to be scrutinized
to check if it was avoidable or unexpected. The new rules at the King Edward VII
Memorial Hospital and the Mid-Atlantic Wellness Institute were introduced in an
attempt to improve quality of care. Senior doctors and nurses have started
to meet every week to review the notes of patients who have died in medical care
over the previous seven days and to identify those that need investigation. The
Bermuda Hospitals Board will also release statistics every three months on
serious incidents that resulted in harm to patients, as well as information on
falls, hospital-acquired pressure sores and infections, and other indicators of
quality of care. The new measures are part of an improvement plan drawn up under
Michael Richmond, who joined BHB as Chief of Staff in August 2017, in
partnership with the Boston-based Institute for Healthcare Improvement. The
safeguards were introduced after it was revealed
in July that the island’s general hospital logged 430 incidents resulting in
harm to patients over less than five years, with 28 of them falling into the
three most serious categories, including 14 deaths. BHB has now released
information on six more serious events over the same period, including another
four deaths. The hospitals board at
first released data that showed only 13 events, including six deaths,
between 2011 and 2015, after a public access to information request. It admitted
the other incidents after The Royal Gazette complained to the Information
Commissioner’s Office that all the records held by the BHB on adverse events
had not been disclosed. Dr Richmond said in July “there was no effort to
mislead” and pledged that BHB would publish its incident statistics twice a
year in the future. But he said last week that the statistics would now be
reported every quarter, with the first
quality report published on the board’s website in October, for the period
July 1 to September 30 this year. Twelve ward-based teams have been set up at
KEMH to focus on improvements in the areas of highest patient safety risk,
including hospital-acquired pressure sores, falls, medication mistakes and
delayed escalation of care. As well as undergoing training and sharing knowledge
with colleagues, the teams were designed to improve “harm reporting”, which
Dr Richmond said was voluntary and “incomplete”. Staff are encouraged to log
all events which did, or could have, caused harm to a patient on the BHB’s
Quantros computer system, but some are not recorded. Debra Goins-Francis, the
BHB’s general counsel, said an incomplete record was why six more serious
events had been identified since the Pati disclosure in July. She added: “The
Bermuda Hospitals Board continues to coach and educate staff as to the
importance of recording all safety events in our electronic database.” Dr
Richmond said the new team reviewing deaths was one way to go “looking for
trouble” and get better, as was a recent daylong “laborious” session when
a team of medics reviewed the files of every patient admitted to the hospital
over the course of a month. He added: “It was roughly about 350 or so
patients, going through all of their notes and using a template to determine
what were the bad things that had happened. It’s a bit like an iceberg. If you
only see what’s above the water, you get a false sense of the quality of your
performance. In high-reliability organisations globally, they don’t believe
that the iceberg is only the bit above the water and they then go looking for
what’s below the water, which they haven’t seen.” Dr Richmond said in the
past deaths would be investigated if they were known about by senior management,
such as through a complaint or because a member of staff logged a report. He
added: “These would be typically the bit of the iceberg above the water, put
it that way, which was the stuff that was known about. The ‘unknown
unknowns’ maybe weren’t being followed with as much diligence as they
might.” Dr Richmond said the new mortality review team was “particularly
focused on ... trying to find out where might there have been deaths that were
unexpected and avoidable and what are we going to do about it. “That means
getting an early root cause analysis undertaken and to determine first of all
‘was there a failure of care at an individual level or a failure of systemic
care?’” The BHB revealed details this month about the 34 serious events,
including the 18 deaths, that happened at KEMH between 2011 and 2015. The
disclosure showed how the patients were harmed and, in some cases, changes made
to avoid recurrences. Dr Richmond said that level of detail would not be given
in the quarterly reports, which showed only the number of “serious
occurrences” that led to the “death or major and enduring loss of
function” for a patient. He added: “In terms of public disclosure, what we
are trying to do is, increasingly, share information. In terms of the level of
detail, at a personal level, I don’t think that it’s something that any
organisation would share, great detail, other than by specific request. It
wouldn’t be our intention to hide anything and if somebody wanted specific
information, which was really around confidential information, then a Pati
request is the right way to go.” He added: “We are looking to be totally
transparent about our reliable data. What we are trying to do is to be as
transparent and as honest as we can.” Dr Richmond said injury figures had to
be considered in the context of KEMH dealing with about 40,000 emergency
patients a year, along with 8,000 operations and 6,000 patient admissions.
BHB quarterly report
The Bermuda Hospitals Board released its first quarterly quality and safety data report in October, with little fanfare to the public. The board said the four-page report was aimed at providing the public with “good and accurate data to better understand the quality and safety standards at BHB”. A BHB spokeswoman said: “We will be adding to this portfolio of reliable data over time and we welcome questions and feedback to consider as we build on this first report.” The report, which covered July 1 to September 30 this year, included a section on “sentinel events” — defined by Accreditation Canada, the BHB’s accreditation body, as “an adverse event leading to death or major and enduring loss of function for a patient”. The spokeswoman explained: “These are known occurrences from various sources.” There were no sentinel events reported for the three-month period but Chief of Staff Michael Richmond told The Royal Gazette: “We will certainly have one, if not two, but that’s not reported yet. Our goal is to have zero.” The report showed:
• 12 falls that caused injury at the King Edward VII Memorial Hospital, Mid-Atlantic Wellness Institute and the Lamb Foggo Urgent Care Centre
• 22 hospital-acquired pressure sores at KEMH. Of those, one was a stage 4 injury, the most serious kind, three were stage 3 and 15 were stage 2. There were three other injuries where the skin was still intact. The BHB spokeswoman said: “One was ‘unclassifiable’ for this reason, but such injuries are usually at least a stage 3. Two could be evaluated as deep-tissue injuries but had unbroken skin so couldn’t be staged. These are potentially serious if not managed”
• 25 cases where patients were readmitted to KEMH inside 72 hours after they were discharged from inpatient care
The report also gave statistics on infections acquired by patients after they have been admitted to the acute care wing of the hospital, with the rate measured in the number of infections per 1,000 patient days, for the past year. There was a spike in MRSA infections in April and in C. difficile infections between May and July. In KEMH’s intensive care unit, there was an increase in the number of central line-associated bloodstream infections in patients with catheters in July. The spokeswoman said there were no central line-associated bloodstream infections up to June 2018 and from August 2018. She added: “Our infection control department have confirmed that there was only one patient with an infection over the time period reported in the report, represented by the spike in July.” The average length of stay for patients in the acute care wing was seven days between July and September.
John
Young grew up surrounded by the tourism industry. Now, he and his wife, Alison,
have fallen back in love with the business after they re-launched guest cottage
business The Ledgelets
in Sandys. Mr Young said: “I have worked in tourism since I was 13 or 14.
We are working so hard right now to make sure we deliver what we say we deliver.
But when you look at the guest comments or what people write on the guest books
in the rooms, it’s all worth it.” Mrs Young added: “They are all just so
happy to be in Bermuda. They realize they can fly here with their family in 90
minutes.” Mr Young said his grandparents, John Hinson Young and Nelga Young,
started The Ledgelets in 1948 and welcomed guests into their cottages and their
own home. The Lantana resort opened on the neighboring property a decade later
and the Young family leased The Ledgelets to the operators. The arrangement
continued until 1998, when Lantana shut its doors. Mr Young and his cousin
inherited the property when his grandmother died in 2013. At the time he and his
wife were working at Tucker’s Point, but knew they wanted to turn their
attention to restoring The Ledgelets to its former glory. Mr Young said: “I
knew something had to happen with it. Ally and I thought about it and we
realised that one of the things missing was that authentic, old-school Bermuda
charm. It’s something you can’t really find in the hotels. It’s hard to do
in a hotel. It’s about people arriving and feeling like they are coming home.
It’s home for them.” Mr Young and his family live on the property and also
invite guests into their living room for a cocktail or a conversation — the
way his grandparents did. He said that one of the reasons vacation rentals had
become popular was that such properties were more suited to larger families.
Rather than renting several hotel rooms, guests can rent a home or apartment and
save money. Ms Young added that many visitors wanted to meet Bermudians and
absorb some island culture. She said: “I think the younger generation is art
hungry and culture starved. They grew up with Marriots around the world. There
has been a lot of talk about how we can do something new, but there’s also the
question about how we can make old Bermuda cool again.” The couple added that
said there needed to be a widespread commitment to tourism across the island. Mr
Young said that problems with the bus system and the high cost of living annoyed
guests as much as residents. He added: “When I worked at Tucker’s Point, one
of the things I always tried to press on my team is value. The key is really
that if people are spending $1, they should feel they are getting $2 of service.
People need to feel they are getting more for their dollar.” Mr Young said
that one of the reasons they wanted to reopen The Ledgelets as a tourism site
was to help support businesses in the area, which include The Bridge Trading
Post and fishermen who sell their catches near by. He said: “We want these
people to succeed, so we tried to set our prices so our guests can go out and do
these things.”
An
environmentalist has urged the public to pressure the Government to stick to its
green promise to ban single-use plastic such as straws. The Progressive
Labour Party pledged to eliminate single-use plastics by 2022 in the Throne
Speech last month. However, Mr Starling warned that the Government may not carry
through with its promise if the public does not show enough interest in the
issue. He said: “There’s a risk of any policy not going through if the
Government feels that people aren’t advocating for it. If no one advocates for
it now, if people just sit back, then the Government will too. It will be moved
to the back burner and there’s a risk of it not happening.” Mr Starling, the
former executive director of environmental charity Greenrock, added: “The
Government will act on what is being demanded. If it can be demonstrated or
communicated to the Government that it is popular and people want it quicker,
they are going to expedite that. If no one is talking about or advocating for
action on climate change, they aren’t going to take action. If you want,
advocate. You can demonstrate, we are a democracy still. There’s nothing
stopping you from doing a peaceful protest, or even at the next Throne Speech to
stand quietly holding a sign that advocates for climate change. The more you see
people calling for it in the media, the more civil society is calling for it,
the more environmental organisations and scientists are pointing it out, the
more likely it is to be expedited.” The Government said its Throne Speech
pledge would help protect the oceans and reduce the impact of climate change.
The speech added: “To this end, single-use plastics will be eliminated by 2022
and the intervening years will be spent educating the community about recycling
and reusable items and encouraging greater sensitivity to the ocean and its
importance to our lives.” A charge on single-use plastics will be levied in
the next two years. Some Hamilton businesses have already taken action on
plastics, including Makin’ Waves, which has stopped importing plastic bags,
and Nonna’s Kitchen, which charges for bags and donates the cash to a
tree-planting scheme. Department store Gibbons is giving away free reusable and
recyclable carrier bags until the end of January. The firm will start to charge
$1 for them, with part of the cash going to charity, to try to cut the use of
plastic bags. Mr Starling said introducing charges for bags could have economic
benefits for less well off families. He said: “It can actually lead to cost
savings for them if they bring their own bags. Ten cents may not be much, but it
adds up over time. Right now you are paying for your bags. You already are
paying, you just don’t have the option not to pay. The companies and retail
stores are purchasing the bags for you and putting the cost of the bags into all
of their prices to cover the costs, so right now you don’t have the option.”
Island
stargazers are in for a spectacular celestial sight next month. Jonathan
Starling, of the Bermuda Astronomical Society, said that residents would be able
to watch a total lunar eclipse in the early hours of January 21. A lunar eclipse
takes place when the moon passes directly behind Earth and into its shadow and
creates what is known as a “blood moon”. Mr Starling explained: “It’s
called a blood moon because the sunlight passing through the Earth’s
atmosphere and hitting the moon makes it appear red.” Total lunar eclipses
last for a few hours, unlike a total solar eclipse, which last only for a few
minutes because of the smaller size of the moon’s shadow. Lunar eclipses are
also safe to view without eye protection, unlike the solar equivalent. Mr
Starling said that remote locations around the island would be the best place to
view the eclipse. He added: “Ideally, I’d go for somewhere without a lot of
artificial lights so your eyes can adjust and you can appreciate the beauty of
it all.” Mr Starling said that he was considering setting up a viewing event
for the eclipse. He added that he planned to put the astronomical society on a
more organized footing next year and that anyone interested in the stars should
visit the group’s Facebook page.
Bermuda’s
first domestic partnerships ceremonies have taken place between both same-sex
and opposite sex couples. Civil unions became an option after legislation
was enacted in June and four people have been appointed to officiate over the
ceremonies. A government spokeswoman confirmed yesterday that two women formed a
domestic partnership in October, an opposite sex couple did the same earlier
this month and two men were scheduled to form a domestic partnership before the
end of the month. Three of Bermuda’s four domestic partnership officers were
appointed last month after an advert invited members of the public to apply for
the roles. Kendaree Burgess, the executive director of the Bermuda Chamber of
Commerce, was among them. She said: “My preference is that marriage equality
would be the way that the law would go and that has come to pass, so I’m
actually more thrilled that that’s available and I’m curious as to what the
role of the domestic partnership officer will be now that there is marriage
equality.” Ms Burgess explained she found it “bothersome” that people
might want a civil union. but not be able to have a ceremony because of a lack
of officers. She added: “I decided to put myself forward as someone who would
be happy to be there to serve in that capacity.” Ms Burgess joined others in a
training and information session that included a mock ceremony, which she said
was “fun and funny” but also a useful opportunity to ask questions. Ms
Burgess admitted she would be anxious conducting her first ceremony, despite
experience in speaking to large audiences. She said: “I think I will be just
as nervous as the people I’m joining at my first one. It’s one thing to
conduct a speech in a business situation but to join two people together, in
theory for the rest of their lives, is a very serious occasion, not one to be
taken lightly. I think I will be nervous and probably emotional at my very first
one.” Derek Fisher, a personal trainer, was also appointed. He believed “the
more experience you get with it, and the more natural you become with it, the
better flow that you have”. He aimed to make people feel at ease. “The whole
objective, where you’re going to have two people that are embarking on another
chapter of their lives, a happy chapter, everybody should look back on that —
whether it’s a domestic partnership, whether it’s a traditional marriage —
with a degree of fondness,” he said. Alex Potts QC, a partner at law firm
Kennedys, was also registered in the new role. He said: “Legal qualifications
are not necessary, but they do seem relevant.” Mr Potts said he looked forward
to “my invitation to the party afterwards”. The Minister of Home Affairs
approves the appointment of domestic partnership officers. An advert for
applications said: “Interested persons must be of good standing and be well
versed with the contents of the Domestic Partnership Act, 2018.” The
Registrar-General and assistant Registrar-General can also officiate at domestic
partnership ceremonies. There were 14 same-sex marriages on the island from May
2017 up until the Domestic Partnership Act came into force at the start of June,
as well as a further six on Bermuda-flagged ships. The Domestic Partnership Act
2018 banned same-sex marriage and has been the subject of a long legal battle in
which, most recently, the right of gay couples to wed was restored. Banns posted
in the Official Gazette showed one marriage between two men was scheduled since
then. The Court of Appeal last month dismissed the Government’s claim that
former chief justice Ian Kawaley was wrong to strike down parts of the Act on
the grounds they were against the Constitution. The Government later lodged
notice with the Court of Appeal to ask permission to take the case to
Bermuda’s final court of appeal, the Privy Council in London.
Bermuda
is set to ring in the new year with music, dancing and the traditional onion
drop in St George’s. The Corporation of St George will have its countdown
to 2019 in the town’s Kings Square on Monday. Quinell Francis, the Mayor of St
George, said it was important to keep the tradition going. She added: “This
brings the Olde Towne alive.” Ms Francis said the party in the East End was
“a great way to end the Christmas season and start the new year”. The free
event will include food and novelty stalls and performances by Sinead the
Flower, BLAC and Live Wires. Nadanja Bailey will act as MC. Entertainment is
scheduled to begin at 8pm, with the onion drop at midnight. Rosewood Bermuda in
Hamilton Parish and Perrier Jouet Champagne have teamed up for an all-inclusive
dance party at the hotel’s Camden Ballroom with music by DJs Rusty G, PM and
Tom Fleming. Doors open at 9.30pm, admission is $150 and includes a four-hour
open bar, a Perrier Jouet champagne toast and snacks served after midnight. The
Corporation of Hamilton will not hold a new year’s event this year. A
spokeswoman for the corporation said it planned to alternate between a new year
event and a Christmas Boat Parade. There will still be traditional festivities
in the capital. Pier 6 is hosting an all-inclusive new year’s event with a
range of DJs and an open bar. Admission is $100 and the doors open at 9pm.
Cosmopolitan Nightclub on Front Street will have a New Year’s Eve Privilege
Celebration with an open bar for Hennessy cognac and Ciroc vodka until midnight.
Organisers said the dress code was “glamorous” and admission would cost $45.
The Dog House will also ring in 2019 with a special event, with will start at
9pm with $10 admission. Huckleberry Restaurant at Rosedon and Marcus’ at the
Hamilton Princess are offering special New Year’s Eve dinners. The Crown &
Anchor bar at the Hamilton Princess will celebrate the new year with live music
from Working Title. Savvy Entertainment will hold a New Year’s Eve celebration
at The Shed on Cross Island at Dockyard with a range of artists including DJ Ale
Mora. General admission is free, but people who want to go must RSVP to get
tickets at denzil@totalprobermuda.com.
VIP tickets for the event cost $250. The Fairmont Southampton hotel will have
several options for New Year’s Eve, including a four-course meal at Waterlot
Inn with pianist Tony Bari. DJ Craig Looby will provide entertainment at the
Boundary Sports Bar & Grill and Mike Hind and the Kennel Boys will perform
at the Jasmine Cocktail Bar.
A
man was fighting for his life today after he was shot outside a sports club in
the early hours. A police spokesman said his condition was “gravely
critical” in the King Edward VII Memorial Hospital. The man was standing
outside St David’s County Cricket Club when another man walked up and shot him
at close range at about 1.40am. It is understood the incident was gang-related.
The spokesman added: “The suspect left the area and the victim was taken to
the hospital via the ambulance.” He said police wanted to talk to people who
may have seen anyone acting suspiciously in the area around the time of the
shooting. The East End sport venue expressed “sincere regrets” for the
incident, which happened at its annual Christmas party. A statement from the
club’s executive management was posted on its Facebook page this morning. It
said: “Our hearts and minds are currently on those who have been impacted
negatively by this event. The executive want to encourage everyone no matter
what part of our great island you may reside to join us in directing prayers and
positive thoughts to the recovery of the injured young man and to the comfort of
his family.” The statement said that the safety of customers was
“paramount”. It added: “We take violent events such as these very
seriously and we made sure that every possible measure was in place.” The
statement said that club management as well as security personnel hired for the
event acted quickly after the shooting to notify emergency services, make sure
the victim got first aid, and keep other party attendees safe. Our event stopped
immediately and the venue was closed. We will not tolerate antisocial behavior.
We will continue to strive for the safety of all patrons that come to our
facility — that come to our home.” The statement said that the club was
helping police with their investigation. Wayne Caines, the Minister of National
Security, said that he was “deeply concerned” and promised that anyone
involved in the shooting would be held responsible for their “heinous act. The
Bermuda Police Service are in the early stages of this investigation and they
have my full support.” He said that Pastor Leroy Bean, Bermuda’s gang
violence reduction co-ordinator, and the Coordinated Crisis Response Team had
visited the scene and the hospital where they “offered support services to the
victim’s family and others affected by this traumatic experience”. Mr Caines
added: “These occurrences are becoming more frequent and we must all work
together to ensure such behavior is not normalized.” Mr Caines said that an
increased police presence would be out this weekend and on New Year’s Eve and
encouraged those with information about the shooting to come forward. Ben Smith,
the Shadow Minister of National Security, said that acts of violence “by a
segment of our population has become the norm”. The One Bermuda Alliance MP
added: “We can put together plans to tackle the issues, have task forces and
programmes as much as we want but until Bermuda is fed up with the behavior and
our citizens start to speak up about these individuals this madness will
continue.” He questioned when “the code of silence” would end “so that neighborhoods
aren’t held hostage by a few bad apples”. Mr Smith said: “We have many
issues in Bermuda that divide us but we cannot continue to make excuses for the
small segment that is willing to resort to senseless violence.” Anyone with
information that could help the inquiry should contact the Serious Crime Unit on
295-0011 or the confidential Crime Stoppers hotline on 800-8477.
Young
Bermudians could “easily” replace hundreds of work permit holders in the
building trades, an industry leader has claimed. Will Irvine, the executive
director of the Construction Association of Bermuda, said teenagers were ripe
for training and that he aimed to present trades careers as an attractive
employment option. He explained: “Construction is giving out hundreds of work
permits a year and there is a population there that can easily be trained in a
period of time that will allow them to work in that work-permit category.”
Now, Mr Irvine and Simon Tully, the organization's new president, have joined
forces with the Government to boost the sector. Mr Irvine hopes parents,
teachers and companies would join the campaign. He said: “It just doesn’t
make sense to have foreign workers when there’s an underemployed population of
capable individuals, so we can’t think of that as an option.” Mr Irvine
added that a balance between having enough workers on sites and taking the time
to grow local talent had to be struck. As a country, Bermuda needs to decide
what’s the priority — making sure the companies have labour? They can bring
that in from overseas and all that additional cost of flights and accommodation
is absorbed into the cost of the business ... the priority is servicing that
industry. If the priority becomes servicing our population of young people then
everybody focuses on that and we start to train our local kids in that industry.
If we’re reinvesting money, time and effort into our own population, then that
becomes a priority, not so much making sure we have a fleet of foreign workers,
and it will start to sustain itself. The priority so far is allowing business to
continue and there’s nothing wrong with that but it shouldn’t have to be the
only priority. We’ve got to look after ourselves.” Mr Irvine said the
average age of experienced craftsmen and women in the construction industry was
well into the 40s and in about 15 years that expertise could be lost. He added:
“We are missing a trick by not creating a legacy behind them. If you make a
decision at 16 to pursue trades, you’ve got two more years of senior school
left. You get your basic foundation, so either you can do an apprenticeship
programme or go straight into the college. With that you’re getting on-the-job
training and work experience, you’re getting paid for that while you are
living at home and then once you qualify you can go out and support yourself,
get your apartment and start building your life, while your friends are still at
university, racking up debt. People really need to stop and think about that as
a realistic option, there are lots of technical learners — office jobs
aren’t for them.” The CAOB has also teamed up with the Department of
Workforce Development to create structured apprenticeship programmes that
include qualifications for several trades. The organisation was also looking at
how technical training could be expanded in Bermuda’s public high schools to
capture talent early. Mr Tully said: “Everybody has to go to school but
instead of sitting in a classroom learning French, for argument’s sake, why
aren’t you in a classroom setting learning how to scale plans? The removal of
trades schools in Bermuda was a terrible blow to any sort of advancement. I
would like to see, within the next Budget statement, that there is going to be
educational consideration towards establishing a trade school that will utilize
empty government properties, so you’re not spending money to try to build
something new. Utilize what we have to try to reinvigorate trades in Bermuda.”
Mr Tully backed the return of an apprenticeship training council and highlighted
the importance of ensuring tradespeople are qualified. He said: “That’s
where we have to move forwards with Bermuda, because you reasonably expect your
accountant or your lawyer to have pursued their further development but you’re
not worried about the guy that might flood your house, or create some spark and
a fire? It’s bizarre that seems to be acceptable and we need to try to temper
that. We’re out to try to right the wrong that people will just go and learn
on the job. There is something to be said for that, because that is also part of
it. It won’t all be classroom or lab work but let’s try to figure out how we
encourage young people to get into the trades. With bachelor’s degrees the
supply is outstripping the demand, but in the trades it’s the opposite way
around. There is not a steady supply, but the demand is there and you earn a
decent living.” Mr Tully said Bermuda could follow the example of the UK and
the United States, where apprenticeship programmes were successful, and that
local businesses must also invest in the industry’s future. “You have to
have somebody to mentor them within the company. Companies have to have the
buy-in to say, this kid wants to learn. If you’re going to help them move
forward in the trade, you’re going to have to train them. Don’t just use
them as the next piece of muscle.” A spokeswoman for the Department of
Workforce Development said its partnership with the CAOB included partial
funding for construction scholarships and an annual grant for programmes that
promoted the sector. The department also arranges presentations for school
students and in the community to highlight the need for trades workers and give
information about apprenticeship opportunities.
Birdwatchers
have spotted an unfamiliar sight in the skies around Bermuda. Karen Border,
the president of the Bermuda Audubon Society, confirmed that a brown pelican was
visiting the island. She added: “It has been seen by a few Audubon members,
mainly off the North Shore.” Ms Border said brown pelicans were occasional
visitors to Bermuda. She added: “We get them every two or three years or
so.” Brown pelicans are grey-brown with yellow heads and thin white necks. The
large seabirds have very long bills with an elastic throat pouch used to capture
fish. They can measure up to five feet in length with a wingspan of up to 7½
feet. Females are slightly smaller than male birds. Ms Border said the bird was
a common sight along the eastern coast of the United States. She added: “This
one was probably just blown out here in one of the recent gales.” The brown
pelican is found along the Atlantic Coast from Nova Scotia, Canada, down to the
mouth of the Amazon River. They also live on the Gulf and Pacific coasts. Ms
Border said the Bermuda bird should be able to fend for itself before it flies
home. She added: “Hopefully it is still around and will be included in the
Christmas bird count.” The annual count is scheduled to take place today. The
brown pelican is the national bird of three Caribbean countries — Barbados,
Saint Kitts and Nevis and Sint Maarten. It is also the state bird of Louisiana.
Opinion. By Barry Ritholtz, a
Bloomberg Opinion columnist. He founded Ritholtz Wealth Management and is the
author of Bailout Nation. "This is the time of year for annual
reckonings and predictions by strategists and analysts, illustrating little more
than that they know what pleases their employers and that their powers of
prognostication are nonexistent. And yet, full of bravado and confidence, they
explain what stocks to buy, when a recession will come along, what the Federal
Reserve is going to do, and when the market is going to tank. Truth be told,
that last one is less of a prediction these days and more a case of real-time
reporting. These forecasts are, for the most part, exercises in futility. But
first, a reminder: the problem with forecasts goes beyond their mere lack of
accuracy. My critique is with the underlying cognitive and philosophical
failings that are associated with the entire forecasting industry: a lack of
humility, the assumption of a skill set clearly not in evidence, and most
damning of all, a failure to recognize the randomness of the world at large.
Most insidious are the forecasts designed to separate the suckers from their
dollars. So, in order to remind you why you should be ignoring the 2019
forecasts, let’s consider some of the more egregious predictions of
2018:
Bitcoin: the spectrum of predictions ran from the sublime to the criminally negligent to the utterly insane. It got so bad that a website was set up to track all of the Bitcoin prophesies. My colleague Nick Maggiulli notes that chaotic systems can’t be predicted, as they are subject to the Three Body Problem (and its variants). Fundstrat’s Tom Lee’s 2018 forecast for $25,000 Bitcoin was reduced last month to $15,000 by year-end. The cryptocurrency was trading close to $4,000 yesterday. As foolish as that sounds, it was modest compared to the rest of the asylum. Michael Novogratz forecast that “$40,000 was possible by the end of 2018”. Kay Van-Petersen of Saxo Bank predicted Bitcoin would rise to $50,000 to $100,000 by the end of this year. John McAfee, the eccentric tech entrepreneur, has called for $1 million Bitcoin by 2020. Analogizing crypto to the internet, Tim Draper doubles McAfee, coming in at $2 million. All of these are notable not just for being wrong, but for their sheer recklessness.
Gold: before all the gold bugs migrated to Bitcoin, the precious metal was where they went to make their bad forecasts. Peter Schiff has been forecasting gold at $5,000 an ounce since at least 2010, based on his prediction of a huge surge in inflation. (It now trades at about $1,238.) Neither occurred. Jim Rickards, former general counsel at Long-Term Capital Management, came up with a $10,000 price target. To be fair, he said the same thing would happen by the end of 2017. Jim Rogers one-upped everybody, declaring in August that “gold could turn into a bubble”. It hasn’t. But the sun still has another 5 billion years of hydrogen left, so perhaps one day it might.
Markets: stock forecasts typically come from strategists at bigger firms, covering a modest range from a little too bullish to a little too bearish. Career risk tends to keep equity strategists more circumspect than the Bitcoin and gold crowd. Typically, these forecasts are for continued gains or solid growth, or softness and modest corrections — but that’s before we get to the outliers. My favourite cranks are way outside that broad range. There are too many to note, but perhaps the most notable offender is former Reagan White House budget director David Stockman. He has been more than perennially bearish — he predicted a market crash in 2012, 2013, 2014, 2015, 2016, 2017, 2018 and 2019. Good rule of thumb: if you make the same call very year, even if it eventually comes true, you get no credit for it. Even the official guardians of the economy — central banks — do little better. My advice when you see a forecast: mark it down on a calendar or reminder programme (I use the app Followupthen.com), then come back to it a year later. This lets you review how good or bad it was. It’s a great exercise in accountability. Most of the time, the results reveal why spending too much time either paying attention to — or making — forecasts is mostly wasted effort."
Tashun
Simons is continuing to carve his path in the footballing world, albeit an
unconventional one for a football-mad 24-year-old. While the majority of
young men his age can only dream of walking out on a football pitch in an
international encounter, Simons has already fulfilled those aspirations, not as
a player but as an official. After becoming the first Bermudian football
official in more than a decade to be named on the Fifa International Referees
List last year, the former Young Men’s Social Club striker, took a step
further to emulating his idols Pierluigi Collina and Howard Webb by being
selected as a referee’s assistant for two matches in the Concacaf Nations
League: St Lucia against Haiti, and Grenada against Sint Maarten. Simons has
been rewarded for his performances by being included on next year’s Fifa
International Referees List as well. “The experience was great,” Simons
said. “The standard of football was a step above officiating local games in
Bermuda and I felt really good to be involved. In the second game I had a big
call to make not to give an offside decision and I doubted myself a little.
However, after looking at the review video, the assessors said I made the
correct decision as did the elite assessors within Concacaf, which made me feel
good. It’s one of those situations that can keep you up at night but
thankfully everyone agreed I made the right call.” Like many players within
the game, Simons admits to going back and watching highlights of himself, but
while some would do so purely for vanity reasons, for officials, reviewing your
performance serves a far greater purpose. “Some clubs in Bermuda video their
matches and so when I have the chance I will go back over the highlights and
assess my own game,” added Simons, who referees local senior games. “With
the international games, everything is watched and analyzed, every situation,
every call. It may not be anything significant but we watch it all back and do
debriefings. Every refereeing team gets assessed collectively and individually.
Based on those assessments at the end of the year you are given a grade and
based on that they will select you for the next Fifa list. It is an assessment
process with every match. We are assessed from the minute we walk in the door,
from the way we conduct ourselves to how we handle the match. That’s why I’m
so interested in analyzing my matches; it’s all about learning.” As well as
the pressure of being judged by assessors, Simons also has to deal with the
pressure of being scrutinized by every player, manager and fan for every call he
makes, or decides not to make. But while to most the aggravation would not seem
worthwhile, Simons deals with that added pressure with a maturity belying his
years. “When I have a decision to make, you can’t please everyone, half of
the crowd won’t be happy but you just have to stick to your knowledge of the
law and stay true to what you know,” he said. “Once the match starts, I feel
like one of the players, you have that nervy first five minutes but then you
grow into the game and it’s down to business. Everyone who watches football
thinks they’re an expert and that can be interesting when you’re officiating
a match and the players, managers and crowd all have their own opinions. I
called an offside recently in a match and a player on one of the benches was
pretty vocal about his opinion. I just had to stick to what I knew and deal with
it. Over the past few years the game has changed massively. We get new
amendments all the time as officials and you just have to revise it and learn
the new rulings. The game is faster, the laws are becoming more difficult but
you just have to keep working at it and rely on knowing the laws. Once you know
that and can apply it correctly, you should be fine. We are the keepers of the
law and we have to know more than anyone else on that pitch. If I find any
player, manager or fan who knows as much about the laws of the game as I do,
I’d be surprised. It’s funny because most of the guys playing in Bermuda are
close to my age and I tell them when I cross that line I’m in charge. The
majority of the time players respect us because we are the authoritative figure
and as long as I am approachable and explain my decisions most of them are
perfectly fine towards me.” Simons, who will be eligible for his full Fifa
referee badge when he turns 25 next year, is focusing on gaining more experience
at international level as he aims to fulfil his dream of officiating at a World
Cup. “I’m preparing for next year, which is coming thick and fast,” he
said. “The most immediate aim is to be selected for more Nations League
matches in March. After that we have the Gold Cup and World Cup qualifiers.
There’s a lot of things that could happen and a lot of opportunities for me to
be involved in. Ultimately, I want to be the man in the middle for a World Cup
match but for now I just want to be the best assistant referee that I can be.
Domestically, I am refereeing already but for Fifa it is different. If I’m on
the Assistant Referees List I can’t be nominated as a referee for that next
cycle. At the end of any year you could be nominated as a Fifa referee and if
you are accepted you can be added to that list for the next year.” While that
dream of emulating his idols on the biggest stage may be a little way off just
yet, Simons is content with being an inspiration to any young person in football
in showing them that they are alternative routes in the game. “I’ve had some
young people come up to and ask for advice and say I want to be like you,”
Simons said. “Playing was good but I’ve had some amazing experiences as an
official. People I don’t even know, recognize me as the referee, which is
funny. This is my path and I will try my best to go as far as I can,”
Six
Bermudians have won awards in the Bermuda part of the British New Year Honours
List, it was announced tonight. Grant Gibbons, an island businessman and
former One Bermuda Alliance politician, became an Officer of the Order of the
British Empire. Dr Gibbons led the Bermuda Bid Team that won the right to host
the America’s Cup in Bermuda in 2017. He is the chairman of insurance firm
Colonial Group International. Mark Norman and Michael Winfield were made Members
of the Order of the British Empire. Mr Norman is a former member of the Bermuda
Police Service where he was involved in the Police Road Safety Department. He
was a major force behind the introduction of road safety scheme Project Ride to
the island. Mr Norman became the coordinator of Outward Bound Bermuda is 1989
and later became executive director when OBB became a registered charity. Mr
Winfield, who was the chief executive of the America’s Cup Bermuda Development
Authority and also a member of the bid team, has worked in a number of positions
in the island’s hospitality industry. He was the manager at the Southampton
Princess and president and chief executive at Cambridge Beaches. He served as a
Government senator from 1990-1996 and was the Senate Leader from 1994-1996. Mr
Winfield won the Hotelier of the Year award in 2001. Meredith Ebbin, Janeiro
Tucker and Sean Tucker were awarded the Queen’s Certificate and Badge of
Honour. Ms Ebbin wrote about politics, education and social issues for The
Royal Gazette, Mid-Ocean News and Bermuda Sun. She served as the
editor of The Bermudian magazine from 1999 to 2003 and as executive officer of
the Bermuda Media Council. Janeiro Tucker, a cricketer, captained the Bermuda
team in the first One Day International against Canada in 2006. Better known as
‘Mr Cup Match’, he is the annual event’s most prolific run scorer. He has
recorded five centuries including a top score of 186 in 2001. Sean Tucker, a
radio cricket commentator, will mark 35 years in broadcasting in 2019. He has
inherited the title of “The Voice of Summer” from the late CV “Jim”
Woolridge. The Bermuda awards were announced by John Rankin, the Governor,
tonight.
London’s
Privy Council will hear a dispute between the Bermuda Bar Council and a law firm
that it has refused to recognize. Walkers Global had set up a licensing
agreement with Bermudian firm Taylors to become Walkers Bermuda. But the Bermuda
Bar Council challenged the application on the grounds that it believed the
proposed licensing and loan arrangement would result in the company being
controlled by non-Bermudians. The firm has now gone to the Privy Council to
determine the proper interpretation of the law. Walkers Bermuda was incorporated
as a local company in 2015, but the Bermuda Bar Council refused to give the
company a certificate of recognition. The Bar Council argued the agreement
between the firms would break rules requiring local companies to be controlled
by Bermudians. Walkers Bermuda appealed the decision to the Supreme Court, which
heard the firm’s sole director and 99 per cent shareholder had Bermudian
status, while the 1 per cent shareholder was a member of the Bermuda Bar and
holds a permanent residency certificate. Then Chief Justice Ian Kawaley ordered
the Bermuda Bar Council to issue a certificate of recognition to Walkers Bermuda
in 2017. His written judgment said it was “a bridge too far” to say the law
prohibited licensing arrangements such as the one proposed. He added: “It is
easy to see that the Bermuda Bar Council would be assisted by legislative
support to regulate, either itself or through an appropriate minister, the terms
on which foreign legal brands can be used by local professional companies.”
The matter was later brought to the Court of Appeal, who found last May that the
Bar Council was “entitled to have serious doubts” about control of the firm.
Their judgment added: “This decision and that of the Bar Council have been
based on the material presently before us and it. That does not mean that the
position is immutable.” The Government announced plans to “liberalise”
policies to allow international law firms to operate in Bermuda earlier this
month. However, Curtis Dickinson, Minister of Finance, said the new rules would
include measures to protect jobs and create opportunities for home-grown
lawyers.
Bermuda
is expected to receive an extra 68,000 cruise ship visitors next year, according
to the Government. Next year’s cruise ship schedule includes 192 calls to
Bermuda, which is estimated to bring 544,000 passengers, a rise of 14 per cent
on the 2018 figure. Zane DeSilva, Minister of Tourism and Transport, said the
increase in passengers is expect to generate $7.9 million in tax revenue and
increase visitor spending. He said: “We have another growth year for cruise
ship calls to Bermuda and we look forward to welcoming approximately 544,000
cruise ship passengers in 2019. Be assured, though, that our Government is very
mindful of the big picture: the increase in cruise passengers, year over year,
the need to balance air and cruise arrivals, and the challenge of providing the
necessary infrastructure to serve all of our visitors.” The minister added:
“My ministry is working diligently to attract more business for Hamilton and
St George’s.” Kevin Dallas, Bermuda Tourism Authority CEO, said the body is
still working to increase the number of ships in the cooler months. Mr Dallas
said: “The long lead time of the cruise ship industry means the Bermuda
Tourism Authority has accounted for next year’s cruise passenger’s growth in
the National Tourism Plan. Our focus between now and 2025 is better balance in
Bermuda’s cruise business with more calls outside the summer months, increases
in what cruise passengers spend on-island and, perhaps most importantly, growing
the number of vacationers who arrive by air.” Next year’s cruise ship
schedule includes five inaugural visits to the island, including calls from NCL
Pearl, NCL Jade, Celebrity Edge, Spirit of Discovery and the Adventure of the
Seas.
Insurtech
investments rose to $1.3 billion in the third quarter, double the amount for the
previous quarter, according to a report by Willis Towers Watson. While
individual investment rounds were larger, the number of transactions reported
declined 20 per cent to 57, according to the risk adviser’s new Quarterly
Insurtech Briefing. The third quarter saw eight transactions over $40 million,
up from six, and the continued active participation of re/insurers. The pipeline
of insurtech partnerships remains “very strong”, the report stated. Among
Bermuda-based re/insurers mentioned in the report are Hiscox, whose partnerships
with Hi Marley and Eigen Technologies are highlighted. Hi Marley is described as
an intelligent conversation platform, specifically designed for communication
between insurers and their customers. Eigen is a research-led artificial
intelligence company that specializes in neuro-linguistic programming for
financial-services firms. XL Catlin, now Axa XL, also partnered with Slice, a
New York-based start-up focused on the on-demand and gig economies, to offer
cloud-based, on-demand cyber insurance for US small to medium-sized businesses.
The briefing adds that many insurtech companies are deploying parametric
structures, which unlike indemnity-based insurance pay out a predefined sum
based on a trigger chosen as a proxy for an actual loss. Parametric products
align the interests of insurers and insureds in a way which traditional
indemnity covers do not, by removing the parties’ respective incentives to
manage down or inflate claims. Parametric insurance is also substantially
simpler than indemnity products, since it does not require costly claims
handling. With parametric insurance, frictional costs can be very low. Some
insurtech firms have acknowledged these benefits and combined technology and
information within parametric or event-based insurance structures to address
existing inefficiencies or coverage gaps. They use a combination of third-party
and proprietary data, advanced sensors, and the capabilities of the internet of
Things to develop a new paradigm of insurance offerings for the connected world.
The briefing refers to several examples, including the use of parametric
structures earthquake, travel disruption, flash flooding and horticulture risks.
“The impact of parametric insurance can be much more profound than simply
lowering frictional costs and mitigating the potential for fraud,” Rafal
Walkiewicz, chief executive officer of Willis Towers Watson Securities, said.
“First, the use of parametric insurance encourages conversation around risk
mitigation. Second, the simplicity of parametric insurance facilitates a
decoupling of the various functions of the industry value chain and it allows
for modularization.” Magdalena Ramada, Willis Towers Watson senior economist,
said: “When automated correctly, besides being increasingly economical to
deploy, parametric products are an important tool to access underserved segments
and bridge coverage gaps. Their underlying policy structure and digital nature
fundamentally reduce the complexity and frictional costs of traditional
insurance, allowing for the simplicity, scalability and flexibility needed to
cater to most of these markets.” In the report, Dr Ramada adds: “Data from
drones, satellites, smart devices and wearables can deliver automation in many
parametric insurance products. They can further help to improve the efficiency
and pricing accuracy of indemnity-based insurance. They can increase the pool of
insurable people and enable pricing and products that adapt with people and
businesses’ needs and behavior. That is not the future, it is the present.”
Enstar
Group Ltd has completed its acquisition of a US subsidiary of fellow Bermuda-based
company Maiden Holdings Ltd. Enstar, a company that specializes in acquiring
and managing companies and portfolios in run-off, said last night it paid out
$272.4 million to buy Maiden Reinsurance North America, Inc. Maiden Re North
America is a diversified insurance company, domiciled in Missouri, that provides
property and casualty treaty reinsurance, casualty facultative reinsurance and
accident and health treaty reinsurance. As previously disclosed, the transaction
included novation and retrocession agreements pursuant to which the company’s
subsidiary, Cavello Bay Reinsurance Ltd, assumed certain Maiden Re business in
exchange for a ceding commission. The $272.4 million represents the adjusted
purchase price less the ceding commission. At closing, Enstar assumed
approximately $1.3 billion of net loss and loss adjustment expense reserves and
unearned premium reserves. Enstar is a market leader in completing legacy
acquisitions, having acquired over 80 companies and portfolios since its
formation in 2001. Enstar’s active underwriting businesses include the
StarStone group of companies, an A- rated global specialty insurance group with
multiple global underwriting platforms, and the Atrium group of companies, which
manage and underwrite specialist insurance and reinsurance business for
Lloyd’s Syndicate 609. Enstar Group shares gained $2.34, or 1.46 per cent on
the Nasdaq Stock Exchange yesterday, while Maiden Holdings rose four cents, or
2.7 per cent, to close on $1.52.
Arbitrade
Ltd’s claim to have ‘title’ to more than $15 billion of gold bullion has
been supported by a company that is acting as its precious metals procurement
agent. A representative of Sion Trading FZE told The Royal Gazette:
“I can’t speak on behalf of Arbitrade, but Arbitrade has title to it [the
bullion], end of story. I don’t know what the contract or deal between it is,
but they have ownership of it.” In October, a subsidiary of Arbitrade acquired
the $6.5 million Victoria Hall office block on Victoria Street. The vacant
building will be the global headquarters for the cryptocurrency exchange and
coin company. Len Schutzman, chairman of Arbitrade, said last month the company
had title to 395,000 kilograms of bullion, a total that would be worth $16.2
billion in today’s rising gold market. The company will use the bullion to
back a number of crypto tokens it has planned, including one called
“dignity” that is in circulation. However, Arbitrade has not said who has
given it title to the gold and under what conditions, nor where the gold is, or
the name of the “independent public accounting firm” that it says has
verified the account. It has stated the reason for this is because it is legally
bound by non-disclosure and privacy obligations. In June, Sion Trading FZE of
Dubai was identified in a conference call by Arbitrade as “one of the only
licensed gold traders on the Dubai Gold Exchange,” and as its partner in
securing title to what at the time was said to be $10 billion of gold. The
bullion was to be audited by “a major auditing firm that operates in Bermuda,
Dubai and the US”, and be stored in a Brink’s vault in Dubai. As Arbitrade
paid off the bullion debt, through revenue from crypto mining operations, the
gold would be shipped to a vault in Bermuda. Subsequent checks by The Royal
Gazette showed that Sion Trading was not a member of the Dubai Gold and
Commodities Exchange and had no affiliation with it. It holds a commercial
licence in the Ras Al Khaimah economic zone of the United Arab Emirates, where
its activity is listed as trading non-manufactured precious metals. Its address
is a “flexi desk” at the Rakez Business Zone. Sion Trading is a subsidiary
of Scotia International of Nevada Inc, a mining equipment supply company based
in Salt Lake City, Utah. Two weeks ago, Sion Trading announced it had secured a
precious metals contract with Don David Gold Mexico to purchase “metal dore”
from its Oaxaca Mining Unit. It said it planned to allocate precious metals,
including those bought from Don David Gold Mexico “to further enhance
Arbitrade’s existing gold assets”. In a press release, a member of Sion
Trading’s senior management, said: “We are pleased to support Arbitrade with
precious metals procured from respected mining companies and known sources.”
When contacted by The Royal Gazette, a representative for Sion Trading,
who verified their position but asked not to be identified for security reasons,
said Arbitrade’s gold deal was “doable”. He said: “Sion Trading has
already put together that gold for Arbitrade. They are utilizing that as of now.
There is gold from Gold Resources, and there is a bunch of other clients coming
on board. Gold miners are very private people and they don’t really announce
what they have going out.” Arbitrade has said an independent public accounting
firm has confirmed the Safe Keeping Receipts totaling 395,000kg of gold.
Regarding the use of SKRs, the Sion Trading spokesman said: “The SKR gives you
‘title’ to your bullion, and part of that receipt is the genealogy behind
it, which people don’t generally give out because there are a lot of security
issues pertaining to it. You don’t want to put a sign outside your door and
say you’ve got gold in your safe and you go to work nine-to-five.” Don David
Gold Mexico is a wholly owned subsidiary of Colorado-headquartered Gold Resource
Corporation. The Royal Gazette contacted Greg Patterson, vice-president
corporate development at Gold Resource Corporation, to confirm the details of
the Sion Trading press release regarding the precious metals contract with Don
David Gold Mexico. He confirmed it was accurate and also pointed out the final
paragraph, which stated that Don David Gold and Gold Resource Corporation, its
subsidiaries and affiliates “disclaim any responsibility for the adequacy or
accuracy of this release, including any or all proposed plans that Sion Trading
has or may have relating to precious metal dore sold to Sion”. It also said:
“Gold Resource Corporation and its subsidiaries have no affiliation to any
company or entity referenced in this release beyond the sale of dore to Sion
Trading. Furthermore, Gold Resource Corporation and its subsidiaries are not
affiliated with and have no direct or implied association with any
cryptocurrency.” Arbitrade has said it will back each of its three billion
dignity tokens with $1 worth of gold. The token peaked in value at about 29
cents in May, but has declined and is now valued at less than ½ cent per token
on CoinMarketCap. The Royal Gazette has asked Arbitrade a number of
questions, including a request for more clarity on the gold deal. A
representative for Arbitrade has confirmed the questions are being dealt with.
Calendars
that show Bermuda public holidays have the wrong date for next year’s Bermuda
Day after it was changed from May 31 to May 24. Government said the switch
was made because tourism chiefs highlighted the advantage of the tie-in of a
long weekend with the United States Memorial Day holiday. The change was
announced by John Rankin, the Governor, in the Official Gazette last week, but
it came too late to change many of next year’s calendars. Fraser Hunt, the
manager at Hamilton’s Flying Colours gift shop, said most 2019 calendars were
printed up to a year ago. He added: “It will definitely add some confusion,
but I’m sure the date will be heavily advertised and people will probably
figure it out. We’ve been selling the calendars all year but you might have
some people that, once they hit May and turn their calendar over, they might
say, ‘What’s going on here’?” Mr Hunt said some of the calendars in his
shop listed May 24 as the public holiday but others had May 31. Shakeem Simmons,
the assistant manager at the Stationery Store, checked his stock and found the
later date was the one marked as the day off. He said: “We may get some
queries about it.” An amendment to the Public Holidays Act 1947 was tabled
last year which changed the traditional holiday to the last Friday of May. The
Progressive Labour Party government said it would cut absenteeism and reduced
productivity in schools, businesses and other organisations when the celebration
fell before a weekday. This year’s Bermuda Day celebrations were held on May
25. Government House said last week that the Governor announced the recent
change at the Government’s request, “given that in 2019, May 24 is in fact
on a Friday”. A government spokeswoman released a statement from the Bermuda
Tourism Authority which said: “Aligning the observance of Bermuda Day with the
US Memorial Day weekend will make it easier for our visitors to join us out here
and immerse themselves in this unique celebration of our cultures.” Andrew
Simons, at the time a One Bermuda Alliance senator, pointed out during a debate
on the 2017 change that when May 24 did land on a Friday, the final Friday of
the month — and the holiday — would be May 31. This was expected to mean the
Bermuda Day holiday would never again be held on May 24. Mr Simons suggested an
alteration of the wording from “last” to “fourth” Friday, but the plea
was ignored. He said yesterday he had also considered the proximity to National
Heroes Day, which is the third Monday in June, and its related weekend of
celebrations when he made the suggestion. He added: “It was a pretty
straightforward clarification that was just ignored because nothing that they
were saying was really in conflict with making it the fourth instead of the
fifth. It was just a certain stubbornness there, maybe.” Mr Simons said if the
idea had been to put distance between the monarchy and Bermuda by a move away
from the date of May 24 “that logic has been unwound by this recent move to
change it back”. Craig Cannonier, the Opposition leader, added: “Why
couldn’t have this been decided much earlier by Government? This last minute
approach is unnecessary and indicative of a Government that not only rushes
legislation through but lacks adequate forward planning.”
A
mother and son pulled off a double win in a prestigious literary awards
competition. Florenz Maxwell was awarded the Children and Young Adult
Fiction prize in the 2018 Bermuda Literary Awards for her novel Girlcott.
Her son, Clarence Maxwell, won the Cultural Merit prize for his Pembroke,
part of the Architectural Heritage series published by the Bermuda National
Trust. Ms Maxwell said her son’s win brought her more happiness than her own.
She said: “I was very proud of him, because I know how hard he works. I was
just really thrilled about that.” Ms Maxwell’s book is about Desma Johnson,
who turns 16 at the time of the pivotal 1959 Theatre Boycott. Ms Maxwell said:
“It sort of disrupted her birthday plans. Through this disruption, and her
disappointment, she found out what Bermuda was like as a segregated
community.” Ms Maxwell was a member of the Progressive Group, the organisation
behind the theatre boycott, that led to the breakdown of segregation. But she emphasized
that the book’s main character was not based on her. Ms Maxwell said:
“It’s not an autobiography, in that sense of the word. It’s difficult to
explain to people that when you write fiction, it’s not an autobiography.
It’s a combination of activities that have been a part of your life. It’s
like knitting — you just put the pattern together.” She added that the only
thing she shared with Desma was their skin colour. Ms Maxwell explained: “I
wanted a dark-skinned girl as the main character because many of the books about
our people have not been positive.” Girlcott was awarded second place
in the 2016 Burt Award for Caribbean Literature. Ms Maxwell, who was born in
Pembroke and now lives in Warwick, said it was too early to say if another book
was planned. She added: “Whenever anybody asks me that I tell them I’m still
in the delivery room. Women know what that means.” Lucinda Spurling, a
film-maker, and Jonathan Smith, a former commissioner of police and
ex-Progressive Labour Party senator, were among the other writers given awards.
The competition, held every five or six years, was organized by the Department
of Community and Cultural Affairs. The winning entries were:
• Non-Fiction: Island Flames by Mr Smith.
• Drama and Screenwriting: Me and Jezebel by Ms Spurling.
• Children and Young Adult Fiction: Girlcott by Ms Maxwell.
• Brian Burland Prize for Fiction: Fried White Grunts by Colin Duerden.
• Cecille N. Musson Prize for Poetry: Pilgrimage by Paul Maddern.
• Cultural Merit: Pembroke, by Dr Maxwell.
• Founder’s Award: Bermuda, Chained on the Rock by Cyril Packwood.
Lovitta Foggo, the Minister of Labour, Community Affairs and Sports, said that the awards recognized “talent, hard work, research, time and dedication”. She added: “The writing of a novel, or a book of poetry, stems from a desire to tell a story about the world we inhabit, in a way that holds meaning for its inhabitants. As the minister responsible for culture, I am delighted to have a mechanism through which to reward excellence in this area.” The Bermuda Literary Awards began in 1999 to honour Bermuda’s writers. Books are eligible if they have been published after the previous awards. The Cultural Merit prize was added this year for “books or scripts that are notable for contributing to the preservation of Bermuda’s culture, heritage, folklife or history”. A Drama and Screenwriting prize was also added. Each winner gets a $2,000 prize and they will be presented with their awards in February.
A
film-maker’s latest stunt video could be on its way to becoming an online
sensation. Andrew Kirkpatrick added: “Our hope is to get one million views
which in our books means it has gone viral.” He was speaking after his latest
project — “World’s First Zip ‘N’ Slide — Bermuda” — was posted
on YouTube on Christmas Day. The three-and-a-half-minute video shows men and
women being rocketed into the sky from a slip-and-slide launch ramp and also
splashing down in Hamilton Harbour from an overhead zip line. The video had
notched up more than 7,000 views by last night. Mr Kirkpatrick, 35, said he
believed the stunt was the first of its kind. The Warwick resident added: “We
did a quick search for similar content but couldn’t find anything out there
like ours, hence the name. It’s all about eye-catching titles when it comes to
snagging the eye of browsers and I think that title piques your curiosity.” Mr
Kirkpatrick said the video — shot in Pembroke’s Point Shares — was
recorded over about five days in a one-year period. He explained: “Certain
days the weather was poor or people were off island for one reason or
another.” The video was shot and edited by Mr Kirkpatrick’s video and
photography production company Burnt House Productions, co-owned with Nhuri
Bashir. The pair have published video projects for 15 years. Mr Kirkpatrick said
the works were passion projects. He added: “I would eventually love to get
paid for producing these stunt videos — however it takes a bit of money to
purchase the equipment needed to create these stunts, so it’s not cheap.” He
said a successful TV series could be created around future projects and that
there were “a few ideas circulating” for the follow up. Mr Kirkpatrick
added: “What I will say is were are looking to create a Guinness World Record
from it.” He said that the latest stunt was the brainchild of two friends,
Spencer Butterfield and Mike Wilson. Mr Kirkpatrick said that each idea for a
new video project always started with a conversation about something “cool to
do”. He added: “The next thing you know you’re hurtling through the air
from that crackpot idea.” Mr Butterfield, 37, said that the initial idea was
to do something to showcase the island. He explained: “We were trying to have
it done before America’s Cup so that with all the visitors on island it would
be an attraction.” However, construction took longer than expected and the
project was not completed in time for last year’s boat races. Mr Butterfield
added: “People have loved it.” He said that he hoped the video would inspire
new visitors. Mr Butterfield added: “Hopefully, there’s people on the cold
East Coast or in the UK that look at it and say ‘wow — I could be in Bermuda
pretty quickly. There’s some pretty cool footage of the harbour and it shows
Bermuda as a beautiful place, so hopefully it’ll drive some tourism.” John
Singleton, of Above Bermuda Productions, provided the aerial and drone footage
used in the video.
A
26-year-old woman was jailed for nine months yesterday after she admitted a bid
to smuggle more than $45,000 worth of cannabis resin to Bermuda. Magistrates
Tyrone Chin heard that Sheneal Harris was arrested at the airport with 457.49
grams of the drug. Harris, of Pembroke, at first denied the offence but changed
her plea before trial. She told the court she used cannabis to treat chronic
back pain. Harris said: “I understand my wrongdoing. I’m really sorry and
I’m not going to do anything like that ever again.” She added that since the
incident she had passed several courses at Bermuda College and aimed to become a
nurse. Harris told the court: “Doing time would really put it back.” Cindy
Clarke, for the prosecution, said a sentence of between six months and one year,
along with a period of probation, was appropriate. But Mark Daniels, the defence
counsel, argued that a sentence suspended in part or whole was a suitable
penalty. He said Harris had admitted guilt and regretted her actions. Mr Daniels
said: “She took a stupid gamble and she lost.” He said Harris was a young
woman who wanted to get her life together after a difficult upbringing. Mr
Daniels added a “short, sharp shock” might be appropriate. Magistrate Tyrone
Chin also ordered that Harris should serve two years on probation after the jail
term.
Venture
down to Bernard Park on any given weekend and little would you know that you
could be rubbing shoulders with a former World Cup silver medal-winner. Unbeknown
to most, fans, officials and players alike, hiding in plain sight among the
Bermuda Netball Association senior league, is former England captain Naomi
Taylor, who is using her skills and experience to help improve the island’s
netball scene. “People don’t know my background,” Taylor said. “I
haven’t really told anyone, my boyfriend didn’t know for the first six
months, it just never came up in conversation. It always seemed a funny thing to
broach, like, ‘Hi, I’m Naomi and I used to be England’s captain’!”
Despite her modest demeanor, Taylor’s achievements are certainly nothing to be
ignored with success following her through every stage of her sporting career,
helping to build the foundations of the wave that the England netball women’s
team are presently riding. Having grown up on the island of Guernsey, in the
English Channel near the French coast, Taylor moved across to Bath and
demonstrated her prowess from an early age as part of the full-time
high-performance programme, captaining both her university and the British
University team, as well as playing in the Netball Superleague for Celtic
Dragons. Taylor was on the move again in the following years as she helped
co-ordinate a sports programme in Zambia, Southern Africa, with government
agency UK Sport, before returning to England and more notably the netball court,
taking part in three Indoor Netball World Cups with her most memorable moment as
captain coming in 2014. Having beaten one powerhouse in the form of South Africa
in the semi-finals, Taylor and her England team-mates battled bravely but
narrowly missed out winning gold, going down to a 45-30 defeat to the
highly-fancied Australia. “That silver-medal moment was incredible and really
helped to push the sport on,” said Taylor, who, four years on, like many in
England were gripped to their screens to watch their nation, including some of
Taylor’s close friends, overcome Australia to win Commonwealth Games gold on
the Gold Coast in April. For me then, it was a little like what we are seeing in
England now following the Commonwealth gold. You have to achieve results for
people to take notice and listen. Back then it had an impact on the game,
domestically, and that will have an even bigger impact, especially with a home
World Cup coming up in Liverpool in 2019. Over the last few years they have
beaten some of the best teams in the world but the Commonwealth gold is a huge
defining moment, with armchair fans now loving the sport. Just for people to be
discussing netball is a huge step forward.” Following on from her own medal
success, Taylor somewhat surprisingly took a step away from playing and turned
her attention to coaching, taking up a role with Superleague side Surrey Storm.
“After winning that silver medal at the World Cup, I stopped playing
really,” explained the 32-year-old. “I got an injury and after trying to
play through it for a little while I just thought I was done with it. I got
involved with Surrey Storm as assistant coach first of all and loved it. It was
a different route for me to go down but still meant I could be involved in the
game and that was the main thing for me.” Fast forward to April 2016 and an
opportunity arose for Taylor to move to Bermuda to work with children with
special needs. On arrival, Taylor conceded she had reservations about getting
involved with netball again before being introduced to the Robin Hood team by a
housemate. “I wasn’t going to play when I moved over here,” Taylor added.
“I lived with a girl who coached Robin Hood and so got roped into it a little.
She’s since left the island, so I coach Robin Hood. I’m fully back involved
with the sport now.” Despite many not knowing the true extent of Taylor’s
playing credentials, she has been able to pass on her expertise not only to her
Hood team-mates but also to the senior national squad where she has featured for
Bermuda. Having played and coached on the island for the past three years,
Taylor has watched the game in Bermuda come on leaps and bounds, particularly
within the youth leagues, largely down to the hard work of the BNA “I’ve
noticed a massive difference over the past three years here in the standard,”
she said. “The people behind the scenes are putting in so much work with the
youth side of things and it is really showing. They’re really trying to create
a new culture to how Bermuda plays netball and that’s brilliant. England are
probably ten years behind Australia in terms of development and infrastructure
and Bermuda are perhaps a little bit further behind that, but the country is
certainly heading in the right direction.” However, despite the promising
progression, Taylor conceded that for all the positives within the junior game,
the culture surrounding the senior side of netball still has a lot of work to do
to ensure a bright future for the sport in Bermuda. “We need a senior team for
the younger players to aspire to be like, but unfortunately no one really seems
to know who these players are,” Taylor added. “There are some outstanding
players here, but there’s a bit of a disconnect between the seniors and the
youth. Unfortunately, the senior side of the game is arguably behind the junior
side of things, which isn’t ideal. The juniors is where your future players
will come from but you need to have a set-up in place for them to come into and
want to be involved. We have great under-21 players and then a group of women
over the age of 35, but that in-between age group is the key to having a strong
national senior team. The impact here is greater as well because it’s a
smaller pool of players to choose from. The issue we have is that you lose a lot
of girls at college age because they go off to study and then that under-21
group gets ripped apart. What we need is that age group of 22 to 23-year olds,
when they return, to want to still be involved in the game. However, we have to
be realistic and be aware that these women have jobs, families and other
responsibilities, so to give up their time and dedicate themselves to netball
for free is hard. That’s why the youth set-up is so important because if you
can get the younger players to buy into something at a young age then there’s
a good chance they will carry that through with them. There has been a culture
here that other sports are seen as giving you the opportunity to go further, but
in the three years I’ve been here the growth has been promising and there are
things we are doing to help continue that growth.” One such initiative which
Taylor has used her connections and helped implement is to send youngsters over
to England to train with Superleague side Wasps Netball, a move which she hopes
can help replicate the impact of English players going away to play and learn in
Australia. “Every year a player from here will get the opportunity to go over
and train with Wasps in England,” she said. “We are trying to open the eyes
of those young players that netball can give you opportunities. We also have a
player at Hertfordshire University at a high-performance centre and so it is
about networking and creating opportunities. We want it to be similar to the
English girls going out to Australia and coming back better players. There is no
reason on a smaller scale why Bermuda can’t do something similar to what has
happened in England and here you can make names out of players who are so
relatable within the community.” Taylor’s input has already started to show
rewards as, alongside the tireless work of Kimale Evans, president of the BNA,
and Gina Benjamin, the national team coach and BNA vice-president, the Bermuda
senior team have regained their world ranking, with opportunities in the new
year to improve their placing further. “They are 29th but we need to play a
number of games next year to keep that,” Taylor added. “In comparison, the
United States are 33rd in the world and although they’re relatively new to the
game, when you compare the sizes of the two nations, Bermuda have a good
starting point to improve. Being around the national squad has been really
refreshing and being part of netball is great again for me personally. When I
played in Guernsey, we didn’t have the opportunity to play as a nation but
here, Bermuda can go away to the Caribbean next year and play in tournaments for
world ranking points. That is an incredible opportunity to continue growing the
game. Making those strides forward is certainly achievable and with all the hard
work being done I think we’ll keep seeing improvements.”
Bermuda
has lost almost 40 acres of tourism-zoned land due to the conversion of vacation
properties to homes. A review of the draft Bermuda Plan found that
condominium development at hotels and the conversion of former hotels and
guesthouses to apartments had cut into the land designated for tourism. The
review said that 483 homes stood on tourism land by 2016, with seven per cent of
them created in the previous ten years. The review added: “Although a number
of tourism establishments had already been converted to residential uses when
the Bermuda Plan 2008 was being drafted, the Ministry of Tourism at that time
only supported the rezoning of one tourism zoned property to a residential
zoning. In the new Bermuda Plan, the 13 tourism properties which are zoned as
tourism in the Bermuda Plan 2008 will be rezoned either fully or partially to a
residential zoning to reflect their current use.” The report listed Sandsong
Villas and The Breakers and Sea Cliffs in Warwick, the Wharf, Harbour Gardens,
Loughlands, Salt Kettle guesthouse and White Sands in Paget and Palmetto Gardens
in Smith’s and Somerset Bridge House in Sandys as properties that will be
completely rezoned from tourism to residential. The Harmony Club in Paget, Pink
Beach in Smith’s and Tucker’s Point in Hamilton Parish will be partly
rezoned to account for the residential use of some sections. Southlands in
Warwick will be rezoned from a mix of tourism, residential and open space
reserve to a park, while this site of the former Waterloo House hotel in
Hamilton, now offices, will be rezoned from tourism to commercial. The report
said some land in St George’s will be rezoned as part of the St Regis hotel
project. It added officials would monitor the growth of vacation rentals, most
of which are based on residential land. The review said: “Current planning
policy permits tourism accommodation within residential areas providing there
are no detrimental impacts and the new Bermuda Plan will continue to support
this. Vacation rentals are a growing and important part of Bermuda’s tourism
economy, and it is necessary for Bermuda to legislatively define vacation rental
property to remove bureaucratic restrictions and develop a light-touch
regulatory approach.”
Roadside
sobriety checkpoints will be in effect in six parishes from next Friday to New
Year’s Day. The Bermuda Police Service announced that they will be
stationed in Hamilton, Devonshire, Pembroke, Paget, Warwick and Southampton. The
previous set of checkpoints took place last weekend.
Bermuda
is expected to receive a dozen more cruise ship visits in 2019 than it did in
2018, according to the newly released Cruise Ship Schedule. Dockyard will
see an extra 16 visits throughout the year, with a new one scheduled for the
Great Sound, but both St George’s and Hamilton are expected to receive fewer
cruise ship visits. Penno’s Wharf is scheduled to receive 12 visits, compared
to 15 in 2018, while Hamilton will receive 15 visits compared to 17 this year.
According to the 2019 Cruise Ship Schedule, Bermuda is expected to receive 108
visits from regular callers next year — two more than in 2018. There will be
three additional visits by the Norwegian Escape, along with one less
visit from the Celebrity Summit. And the island is expected to receive 84
visits from occasional callers — ten more than this year. Two cruise ships —
the Ventura and the Aurora — are scheduled to visit Bermuda in
February, a month that had no cruise ship visits in 2018.
Axis
Capital president Albert Benchimol has been appointed to the Lloyd’s of London
council. He will be an external member from February 1. Mr Benchimol, is
also chief executive officer of Bermudian-based Axis Capital Holdings Ltd, and
has led the company since 2012. Lloyd’s has appointed Victoria Carter as a
working member of the council, and said that Michael Watson, currently on the
council, has been re-elected as an external member.
Bermuda
is leading the way in the insurance sector’s growing alternative capital
market.
The large insurance losses sustained as a result of hurricanes in 2017 resulted in more alternative capital being placed in the Bermuda insurance market. Commenting on that trend, Craig Swan, the BMA’s managing director, supervision (insurance), said: “The steady growth of alternative capital within the Bermuda insurance market, particularly following the 2017 losses from Hurricanes Harvey, Irma and Maria, indicates that Bermuda continues to be a trusted centre for insurance risk securitisation. The aggregate exposure of non-life (re)insurers backed by alternative capital was approximately $51.9 billion at year-end 2017, while gross written premiums was $3.9 billion. Bermuda’s share of total capacity was approximately 58 per cent of the global alternative capital market.” To put the island’s share in to context, the global market in 2017 was $89 billion. Catastrophe bonds and collateralized reinsurance are the two dominant forms of alternative capital in the Bermuda market. At the end of last year, cat bonds accounted for $19 billion of the island’s alternative capital total, while collateralized reinsurance valued at $28.5 billion accounted for more than half of the total capacity. Other forms of alternative capital structures include sidecars, longevity and mortality bond/swaps and hybrid securities such as preference shares. Geographically, the assumed risks for Bermuda’s alternative capital vehicles was 40 per cent in the US. Although the risks were split across nine lines of business, property catastrophe, including property retrocession, accounted for 94 per cent of the gross written premiums to the end of 2017. Gross written premiums in 2017 totaled $3.9 billion. The information for the BMA alternative Capital Report 2018 was gathered from the alternative capital schedules and statutory financial returns submitted to the authority by June 30. The BMA has also released its annual captive report, offering year-on-year comparisons to the captive/special purpose insurers report of 2017. Mr Swan said: “Although not yet significant in premium size, the greatest year-on-year percentage increase was experienced by the cyber-risk line of business which saw an increase in premium of $26.3 million (rising to $42 million) a nearly twofold increase in premiums written.” He added: “These reports provide further insight and transparency about how Bermuda’s innovative (re)insurance market continues to evolve and develop.”
More
than 130 athletes from four universities will be in Bermuda to train at the
National Sports Centre next month. Howard University. Stevens Institute of
Technology, William and Paterson University and Ramapo College are all set to
send student athletes to the island in January. Nicholas Askew, head coach for
Howard University’s record-holding swim team, said the group intends to take
full advantage of the NSC’s facilities to strengthen their skills. Mr Askew
said: “Bermuda is a beautiful country with an amazing culture and we were
immediately attracted to the opportunity when it became available. Having the
opportunity to train in such an awesome facility, engage the community, and
connect with alumni were all wins for us. Howard has a strong alumni network in
Bermuda. We are excited to bring a little piece of HU to the island and
potentially connecting with all of them. We think they will be happy to see our
programme and the success that we are having.” The Howard University swim
team, which includes a Rhodes Scholar finalist, an Olympic swimmer and an NCAA
qualifier, are scheduled to leave Washington DC for the island on January 6.
When they arrive, swimmers from the other universities — all based in New
Jersey — will already be on the island and training. Jack Bond, CEO of
Allsports International, who helped organize the visits from the New Jersey
schools, said: “I first fell in love with Bermuda many, many years ago when
our company arranged spring break for college students. After that we arranged
vacation travel for the New Jersey state teachers to Bermuda. The island is one
of the most beautiful and friendly that I have ever visited. In the last several
years our company has moved from vacation travel to arranging programs for
college athletic teams. To me, it was the perfect spot to add to our
destinations. I am sure that the training experience will be far above anything
else the teams have ever had.” The visits are part of an agreement between the
BTA and the NSC, which allows teams to use NSC training facilities at little or
no cost if the team’s size and length of stay provides an adequate economic
impact for the island. Hazel Clarke, director of sports and business development
at the BTA, said: “Hosting four university swim teams simultaneously, at this
time of year, is further evidence that we have a great opportunity to
successfully activate our training camp strategy and leverage our partnership
with the NSC. These types of events help us to solidify Bermuda as a leading
sports training destination similar to Florida and Arizona." Representatives
from the Danish swim team, SwimMac Carolina, St Andrews College, Indiana
University and Germantown Academy have all come to Bermuda to train at the NSC
as part of the BTA partnership.
Police
have identified Mary Brady as the woman killed yesterday in a collision at Vesey
Street, Devonshire. A police investigation is under way into the 70-year-old
woman’s death. Ms Brady was found at 12.24pm trapped beneath a car, a police
spokesman said. Bermuda Fire and Rescue were on the scene and extricated her
from under the vehicle. She was transported via ambulance to King Edward VII
Memorial Hospital where she was pronounced dead at shortly before 1pm. Police
offered condolences to Ms Brady’s family and friends.
Gombey
troupes were out in force around the island today for their annual
post-Christmas performances. Kent Henry, the president of Place’s New
Generation Gombeys, said that Gombeys and Boxing Day were synonymous. He added:
“In Bermuda, it is something that we have always done.” Mr Henry, 55, a
drummer with the troupe for the last 30 years, looked back on a childhood
surrounded by Gombeys in the Roberts Avenue, Devonshire, area. Bermuda’s
Gombeys are an African tradition with Caribbean, Native American and British
elements, and their practices are passed down by generations. The word
“Gombey” derives from a Bantu word for “rhythm”. Mr Henry said that
about 20 dancers and drummers were expected to take part backed by a support
group of about the same size. He added that the troupe had been preparing for
the last two months. Mr Henry said: “Boxing Day is the longest day.” The
troupe started its day with a performance at the Hamilton Princess Hotel.
“It’s a celebration of culture, it’s a celebration of Bermudian culture
— it’s a celebration of life, really,” Mr Henry said. “The music and the
dancing — once it gets to you, you feel it. It’s a spirit that goes with the
Gombeys.“
A
year-end bash, the Syzygy Festival, will promote designated driving as well as
offering ferry and bus travel to keep the island’s roads safer. Syzygy,
set for this Saturday, will run from 6pm to 3am. It will be held at the former
BAR Land Rover headquarters at Dockyard, which is now the concert venue The
Shed. Alex Marshall, show promoter who will perform under the stage name Fiyah
Marshall, said organisers had partnered with Cada and the Bermuda Road Safety
Council for the event. “Anyone that comes to the show will be able to have a
designated driver who gets to have free soda and water,” Mr Marshall said.
“We noticed there was a different vibe on the island because of roadside
testing, so we want to encourage people not to drink and drive.” With the help
of Marine and Ports, fast ferries will carry 350 people from Albuoy’s Point to
the venue at Cross Island, with a late return to town. Tickets for
transportation must be purchased online at the site ptix.bm. The site also lists
mini buses that are available from St George’s town square and the roundabout
by the St George’s bridge. Ferry tickets will be $15 each, and buses are $25.
The line-up of soca and reggae stars will include international headliners Bunji
Garlin from Trinidad and Sizzla Kalonji of Jamaica, alongside other top stars
like Orlando Octave, Marlon Asher and Pressure Busspipe.
A
70-year-old woman was reported dead this afternoon after an accident on Vesey
Street, Devonshire left her trapped beneath a car. A police spokesman said
the woman was seriously injured when police and fire officers arrived at 12.24pm
and extricated her, taking her to the hospital for treatment. No further
information will be given until the next of kin has been notified. The Roads
Policing Unit would like to speak with anyone who may have seen the collision,
with witnesses asked to contact 295-0011.
Holiday
revelers hit Elbow Beach this morning to celebrate Christmas. Hundreds of
merrymakers mingled on the sand wearing a mix of Santa hats, swimwear and
festive sweaters. Barbara McCreight, 73, said she and her husband Ernie had been
taking part in the annual holiday event “for ever”. The Southampton resident
added: “It’s a tradition — Christmas is not the same if we don’t come
here.” Mr McCreight said this was the 47th year the pair had made the
Christmas Day trek to the beach. His wife added: “The first time there was
nobody here.” She said that the atmosphere of the event was what kept them
coming back over the years. Ms McCreight explained: “I can’t think of
another thing that would beat this ambience.” The pair were joined by their
children and grandchildren. Kiran Shah, the McCreight’s son-in-law, said that
he enjoyed the inclusivity of the day. He added: “Anyone can come down. It’s
a celebration — it’s lovely family time.” Mr Shah, who has lived in
Bermuda for the last 15 years, said the beach event had become part of his
family’s tradition as well. The 44-year-old Southampton resident was
accompanied by his three children — Tristan, aged 8, Annabella, aged 6, and
Sienna, aged 3. He encouraged those who might be in attendance for the first
time to “relax and enjoy the vast diversity and array of people from the
community”. Mr Shah added: “I think that just coming and watching is the
best way to enjoy.”
Christmas
Message from Governor John Rankin. "Christmas is a time when we reflect
on what has occurred over the past year and also look forward. In particular, we
think with fond memory of those events which have brought us together with
families and friends. As ever, people enjoyed celebrating both the annual
Bermuda Day Parade and, of course, Cup Match, two important events in the
calendar which mark this island’s history and heritage and which are rightly
much anticipated by families across the island each year. We also had the chance
to celebrate a new event in April: the World Triathlon Series. This was a
top-class event which I know included not just much professional organisation
but also enormous voluntary effort. Athletes and visitors alike enjoyed a warm
Bermuda welcome from the community. And Flora Duffy made history with her
wonderful performance earning the gold medal. We can all be proud of her
achievement and coming out of that successful event, Bermuda is scheduled to
host further World Triathlon Series events over the next two years and in 2021
will host the World Triathlon Series Grand Final. 2018 also marked the 100th
anniversary of the end of the First World War. A recorded total of 544
Bermudians served in that dreadful conflict. They came from the Bermuda
Volunteer Rifle Corps, the Bermuda Contingent Royal Garrison Artillery or joined
the Allied Forces independently. We remembered the contribution made by these
brave soldiers through a number of events on 11 November — with church
services of Remembrance, the annual Parade on Front Street and local church
bells being rung across the island. The day’s events culminated in a beacon
lighting ceremony which took place on the grounds of Government House later that
evening to mark the light that came into the world with the armistice following
four years of war. Bermuda is rightly proud of its veterans, both then and now.
They and their families deserve our respect for their service and for making, in
some cases, the ultimate sacrifice to preserve our way of life. I also know that
we can learn a lot from our elders. Intergenerational learning, as it is called,
promotes greater wellbeing, understanding and respect between different
generations. It’s more than just a simple exchange of knowledge and skills
between the young and the old. It also shows a commitment to collaboration and
respecting cultural differences. In my visits to the island’s seniors’
homes, I always enjoy speaking with the residents and hearing stories from their
childhood about growing up in Bermuda. I encourage the island’s young people
to take a moment — indeed more than a moment — to sit down and speak with
their grandparents, or great-grandparents, to learn what they can about their
family history, the history of the island and the lessons they have to pass on.
During the year I attended many events involving Bermuda’s young people. I was
especially pleased to join members and staff of the Mirrors Programme in the
spring clean-up of Fort Cunningham on Paget Island. I was able to discuss with a
number of the participants their voluntary work both at Fort Cunningham and
elsewhere. It was fascinating to learn about the remarkable history of the fort
and to meet so many people giving back to their community. One of the issues
which I find young people are passionate about is the environment and
particularly the risks we face from pollution and climate change. I was pleased
to speak at the Ocean Risk Summit held in Bermuda in May. The Summit was an
opportunity to bring together leaders from business, Government and the
scientific community to help identify risks to our oceans and to generate new
and dynamic solutions to help tackle the environmental challenges they face. One
of the most significant risks to the oceans today is that of plastic. The
elimination of single-use plastics was an initiative which all of the team at
Government House took to heart this past year. We have virtually eliminated all
such plastics from events at the House and in our day-to-day operations. As part
of this initiative, I asked the Boy Scouts and Girl Guides to let me have their
ideas on how to reduce pollution and, in particular, plastic pollution in
Bermuda. I received many letters with excellent ideas and I was pleased to host
young people from the two groups at Government House and present them with
wind-up radios, including mobile phone chargers, in recognition of their
imaginative solutions. I would encourage all of us to do what we can to reduce
plastic waste and in 2019 look to reducing, recycling and reusing as much as
possible. By doing so we can help to protect this island and make our own
contribution to tackling a global problem. And going back to what we can learn
from our seniors, many of them, like my own parents, grew up during the Second
World War era where food was rationed, and “reuse” was not just the catch
word of the day but an essential way of living. Finally, this year I have again
been pleased to visit parishes across Bermuda, meeting members of Parish
Councils, children and teachers in primary, middle and secondary schools and
attending churches. Churches of many different denominations but filled with
people who share their belief in God and a sense of service to others. And I
have been equally pleased to meet those of other faiths, from the Jewish
community, the Muslim community and others of different faiths and indeed none,
who also share that sense of service to the community and are an integral part
of who we are. I hope that at this Christmas we can all take a moment to give
thanks for the values we share and the good things we have, living together with
tolerance and respect on this beautiful island. I wish all of you and your
families a very happy Christmas."
Christmas
Message from Premier David Burt. "There is always an atmosphere of
excitement around Christmas: the same excitement the shepherds experienced over
two thousand years ago when Jesus was born. His birth symbolizes the very
essence of this season and, in that familiar story, read in churches and sung in
carols, we find hope, promise and peace. The traditions of this season fill
Christians, those of other faiths, and nonbelievers, with joy as we look forward
to the opportunity to spend time with friends and relatives. In Bermuda we have
many traditions that make this holiday unique and truly special for each one of
us. Many families enjoy a special dish made with love and attention while others
marvel at the energy children find in eager anticipation of what might be under
the Christmas tree. Some find their way to our beaches while other look forward
to following our Gombeys throughout our neighborhoods. For some families,
Christmas will be a joyous time as many will celebrate their first Christmas
with a new addition to their family, while for many there will be a sense of
loss, as they remember the family who are no longer with them. In either
situation of joy or sadness, the most important gift that we can give to our
fellow man and woman is love. Let us embody the spirit of the season in all
days, loving thy neighbour, looking out for the sick and shut in, and extending
the hand of friendship to those less fortunate — opening our hearts and homes
to families who need assistance. A special part of this time of year is the
opportunity to catch up with those students studying abroad and who are
preparing themselves for careers here at home. Their diligence and the
investment of their parents is inspiring and matches the hope and promise of the
season. We wish all of our students, both here and overseas, well. As 2018 draws
to a close we can look back on this year with thanks that Bermuda was spared a
hurricane and despite the many challenges our island faces internationally we
continue to have a vibrant economy. There is a sense of expectancy in Bermuda
and I look forward to 2019 and the promise that the new year will bring. It will
be another year of very hard work and Bermudians from all walks of life will
continue to work together to build a better and fairer Bermuda. In the era of
social media and communication devices which find their way from work to the
dinner table, I urge you to take some time to disconnect from the virtual world
and reconnect with your family, friends, and neighbors in the real world. As we
enjoy this holiday season, whatever you plan to do, be safe, share love, have
fun and please don’t drink and drive. May God bless you and your family, and
from my family to yours, merry Christmas and a happy new year."
Christmas
Message from Opposition Leader Craig Cannonier. "Merry Christmas
everyone, from my family and the entire One Bermuda Alliance. At a time of year
when we celebrate the birth of a child whose life has provided so much hope and
inspiration, I find myself observing the uniqueness of our community. I am
thankful for the wonderful qualities that make Bermudians so special. With this
in mind, this Christmas, and in the days and months to come, I encourage you to
look towards your future with hope. Your circumstances may not be ideal; you may
have lost your job or even a loved one this year and no, the headlines won’t
always look promising, but I encourage you to see yourself, one another and this
beautiful country of Bermuda through the lens of hope. Determine to see the best
in situations and people — because it’s there. God saw it and sent a tiny
bundle of hope into a sleepy little town called Bethlehem over 2,000 years ago
in the person of Jesus Christ. He remains an unshakeable beacon of promise and
light for all who dare to believe. As a people, we can’t continue to be
divided as our politics suggests. Instead, we can collectively put our shoulders
to the wheel of adversity and press forward with our own unique strengths. I
believe in the power of this community. We are resourceful and resilient —
made up of a diverse array of decent, hardworking individuals, striving to get
through life and together, with God’s help, we will, if we never give up on
ourselves, each other or on Bermuda. This Christmas, exchange the gift of hope!
Merry Christmas Bermuda."
Bermuda
is expected to receive a dozen more cruise ship visits in 2019 than it did in
2018, according to the newly released Cruise Ship Schedule. Dockyard will
see an extra 16 visits throughout the year, with a new one scheduled for the
Great Sound, but both St George’s and Hamilton are expected to receive fewer
cruise ship visits. Penno’s Wharf is scheduled to receive 12 visits, compared
to 15 in 2018, while Hamilton will receive 15 visits compared to 17 this year.
According to the 2019 Cruise Ship Schedule, Bermuda is expected to receive 108
visits from regular callers next year — two more than in 2018. There will be
three additional visits by the Norwegian Escape, along with one less
visit from the Celebrity Summit. And the island is expected to receive 84
visits from occasional callers — ten more than this year. Two cruise ships —
the Ventura and the Aurora — are scheduled to visit Bermuda in
February, a month that had no cruise ship visits in 2018.
Insurers
and reinsurers in Bermuda need to step up their cybersecurity defences and
strategic planning. The Bermuda Monetary Authority has carried out an
assessment of the level of technology risk that faces the island’s commercial
insurance and reinsurance business, and has identified areas of concern. It
discovered that while some businesses have levels of cybersecurity and
procedures in place, gaps exist and there is a need for “significant
enhancements” in a number of key areas. It comes in the wake of a number of
high-profile cybersecurity incidents elsewhere, including the Marriott data
breach, where the Starwood reservation database was subject to unauthorized
access during a four-year period — a breach that came to light in September,
and which may result in losses of hundreds of millions of dollars for the
company. In its Cyber Report 2018, the BMA said: “Most (re)insurers have made
efforts to enhance technology risk resiliency, however, much work remains to be
done before the BMA can achieve a level of assurance that the possibility of
large-scale cyber attacks and financial and reputational loss is effectively
mitigated.” The boards of some commercial insurers approve technology risk
strategy and policies and have those matters as a standing item for meetings,
but the BMA said that practice needs to be consistently implemented across the
broader market. The regulatory authority noted that while some insurers and
reinsurers have appointed chief information security officers and data privacy
officers, other have not. Around 60 per cent of commercial insurers have
commissioned third-party cybersecurity risk assessments, and most have indicated
they provide ongoing cybersecurity and data privacy training to staff. However,
the BMA said: “The effectiveness of the training, including social engineering
and penetration testing, and tracking, was assessed as generally being
inadequate.” Penetration testing is when an outside individual or team is
tasked with finding ways to breach the cybersecurity of a company in order to
highlight weaknesses. Incident response, recovery plans and procedures to
restore systems and assets affected by a cybersecurity event were either not
present, or not updated and regularly tested, the BMA discovered. It said a
number of commercial insurers do not have formal incident response
communications plans. The findings were deduced from the answers to questions
the BMA included in the 2017 year-end commercial insurer capital and solvency
return filing. The information request is being enhanced of the 2018 filing to
include all financial services sector entities in Bermuda. In February, the BMA
sent a message to licensed companies reminding them that they “are required to
have robust policies, procedures and controls in place to identify, assess and
manage cybersecurity risks on an ongoing basis”. The BMA has adopted the NIST
Cybersecurity Framework, from the US, to help it assess the standards and
methodology being used by businesses. While the authority recognizes that there
is no “one size fits all” approach to cyber-risk, it said business must
assess risks and create policies and procedures to mitigate those risks, and
ensure that employees are properly trained and equipped from a cybersecurity
perspective. It also expects board of directors to evaluate technology risk
facing their business — including information security, cybersecurity and data
privacy and have incorporated those factors into their “enterprise risk
management process”. The Cyber Report also looked at the growth of cyber insurance
in Bermuda, and at the end of last year the filings showed 37 Bermuda commercial
insurers and 15 groups were writing direct cyber insurance. Gross written
premiums for cyber-risk stood at $845 million at the end of 2017. Insurers
provided data on their worst-case cyber-risk loss scenarios from direct
cyber-risk coverage. The results showed there would not be significant impact to
the companies’ statutory capital and surplus, with the average gross and net
impacts of 5 per cent and 4 per cent respectively. However, the BMA believes
that much larger losses could arise from “silent cyber” contracts — that
is, cyber exposures on other liability insurance policies where cyber losses are
not explicitly excluded.
Festive
beachgoers have been urged to play their part in keeping Bermuda’s coast
trash-free. The call came as a team of community-minded businesses and
volunteers prepared to help people celebrate the holiday tomorrow without
leaving a trail of debris. The Christmas Day party at Elbow Beach, in Paget, is
expected to see visitors in Santa hats meet family and friends to enjoy the
contents of their coolers. Beachgoers have been offered parking by Coral Beach
and Tennis Club on the Horizons property and they will be assisted by St
Paul’s Anglican Church volunteers. Police announced that a Community Action
Team would be on hand to direct traffic. A police spokesman warned that vehicles
parked illegally on South Road have caused delays and traffic hazards in the
past, adding: “We are asking for the motoring public not to block residents’
driveways and entrances to businesses.” He wished the public a safe holiday on
behalf of Stephen Corbishley, the Commissioner, as well as the staff of the
Bermuda Police Service. Keep Bermuda Beautiful pointed out yesterday it does not
host the event but will provide dozens of extra trash bins on the beach as well
as in the parking lot to dispose of picnic debris. On Boxing Day, KBB volunteers
will return to the beach to carry the bagged trash and bins up to the parking
lot. Members of the public were invited to join the clean-up from 10am until
noon. The charity said there was 2,000lbs of trash from the same event in 2017,
when all glass bottles and metal cans were successfully separated for recycling.
A waste collection team from the Department of Parks will remove the bags of
trash so that as quickly as possible the beach can be clean for the rest of the
holiday period. Beach visitors were urged to bring an extra trash and recycling
bag from home and do their part to keep the islands’ beaches litter-free. Anne
Hyde, the KBB executive director, said: “Christmas Day at Elbow is the closest
thing we have to a Leave No Trace event. “I am so happy that this crowd is
respectful of their surroundings and, when there are plenty of bins, no one
litters. KBB would like to thank its community partners who have come together
to provide all the ingredients for a clean and safe party.”
A
water outage has hit the area of Cedar Park and Mary Victoria Road in
Devonshire. A spokesman for the Ministry of Public Works said at 5.30pm that
a team had been sent to restore service. Wayne Caines, the Acting Minister of
Public Works, said: “I have made resolving this situation my number one
priority and my team and I will endeavor to have the water back up and running
as soon as possible. I appreciate the inconvenience this causes and ask the
Cedar Park and Mary Victoria Road residents to have patience as we effect
repairs.”
Families were urged to look out for Santa Claus tonight after his flight plan
was shared with airline authorities. Father Christmas and his reindeer were expected to cover thousands of miles
across the skies with a little bit of magic that would see him complete his
journey by midnight. The epic trek will allow the generous gift-giver to deliver presents to
well-behaved boys and girls all over the world. British Airways was among the airlines that received an early peek at the
flight plan for December 24, which meant its pilots would be prepared to look
out for Rudolph’s beaming red nose. The detailed chart showed the approach for landing Santa’s sleigh back at
the North Pole, having completed deliveries around the world. It showed that on approach to the destination, the sled will descend to
2,500ft on a track of true North between Santa and Claus. The sky-borne mode of
transport will make its way towards ground on the final stages of its approach
from Coming to Town. However, if conditions are too poor to land then Santa will climb back to an
altitude of 2,500ft before turning right at Mslto. That will lead to Kssng where he will hold until the weather improves.
Rudolph’s nose will help steer the festive team to a safe landing. The plan warns that reindeer and elves will be on the runway and that
reindeer games could slow down ground operations. Other aircraft pilots were advised to look out for the blinding red nose.
British Airways were handing over the rights to the call-sign SANTA1 today to
Santa Claus and his sleigh. His route via the North Pole is 14,930 nautical miles and on the airline’s
jumbo Boeing 747s, that would take around 32 hours. Thanks to Santa’s magic, however, he was expected to complete the journey
just before midnight. Simon Brooks, British Airways’ senior vice-president sales, North America,
said: “We’ll be cheering on Santa and his reindeer on December 24 as he
flies around the world. He has priority over the skies that night so customers traveling
should
look for the sleigh and wave to Santa.”
A
local firm that was part of the construction of a new power station at Belco has
left the job, a spokesman for the power company said. But the departure of
Somers Construction is not expected to impact the building of the North Power
Station’s buildings, tanks and underground utilities. The $107.5 million deal,
settled in July, had Somers subcontracted by the general contractor, Burmeister
& Wain Scandinavian Contractor A/S to perform the civil works portion of the
job. The Royal Gazette understands that Somers staff stopped work on the project
after a meeting last Thursday. The spokesman said: “It was by mutual agreement
that BWSC and Somers Construction Limited decided not to continue working
together. All of the local subcontractors that were working on the site when
this agreement was made have agreed to continue to work directly with BWSC. The
spokesman added: “Work on the NPS will continue as scheduled during the
holidays and into the New Year.”
Kairo
Morton has created software that could help X-ray scans identify lung cancer,
designed an app to track fishing nets in the ocean and worked alongside software
developers at a leading international company. Not bad for a 15-year-old.
Kairo, a former Somersfield Academy pupil, was picked out as one of the rising
stars at the Code 441 Hackathon at Axa XL last Friday. He began developing his
skills in computer science at Somersfield Academy, but some of his most exciting
work came on a computer science camp at the prestigious Massachusetts Institute
of Technology this summer. Kairo told The Royal Gazette he created software
which could identify lung cancer in X-ray scans with 80 per cent accuracy. He
said: “It used artificial intelligence to determine if a given X-ray displayed
cancerous lungs.” Jahde Eve, the founder of the non-profit organisation Code
441 that hosts the hackathon, described Kairo as “a superstar”. Although
this was Kairo’s first appearance at the hackathon, his keen interest in
computer science goes back six years. He said: “At Somersfield, we had a
robotics programme. So starting in P5, when I was 9, I began programming, and
ever since then I’ve just been building on my knowledge and pursuing my
passion.” Kairo is now a junior at George School, a boarding school in
Pennsylvania. He said: “AP computer science is the class I’m taking now. We
also have a really strong robotics programme that I’ve been involved in”.
Kairo participated in the hackathon because it featured an artificial
intelligence component. He said: “My main goal is to do software engineering
and AI specifically. It’s what I want to spend my life doing.” Kairo also
took part in the 2016 Fishackathon in Georgia, in which he had to develop an app
with an environmental focus. He said: “I created an app that allows people to
identify fishing nets based on diameter and size. You can then target where
fishing nets are being lost in the ocean and which big industrial fishing
companies are losing their nets. So scientists can pick up a piece of fishing
net and it goes through a database, and then they can find out where it came
from.” While at Somersfield, Kairo also completed a work-shadowing at Sompo
International, formerly Endurance. He said: “I had to do my own research to
find out where software developers work in Bermuda, and Endurance was one of the
main places, so I e-mailed them and asked if I could shadow them for a day or
two and they said yes.” Kairo, who also took part in a computer science camp
at Oxford University last year, intends to study computer science at university
and then make a career out of it. He added: “There are practical uses for AI
in every industry. It can help so many people. What humans can’t see, AI can
pick up. It can help augment people’s abilities to be the best they can be,
making the world a better place overall.”
A
chef hoped diners would engage with strangers when he served Christmas dinners
to those less fortunate last night. Michiko Campbell welcomed crowds of
people to share in the festive atmosphere and enjoy meals outside the Royal
Bermuda Yacht Club in Hamilton. It was the fourth time he staged the event,
which returned after work commitments meant the 29-year-old was unable to offer
it in 2017. Mr Campbell hoped people were encouraged to interact with others. He
said: “It was our first time adding tables, we wanted to create the atmosphere
of community and bringing people together. This was probably the most common
thing to do — have long tables so everybody can sit together. People are
interacting with people they probably don’t even know. You get a lot of
different emotions, people come with a lot of different burdens so we’re here
to listen as well.” Mr Campbell said free meals were served to “everybody
and anybody in need” and others supported the cause by giving cash donations.
The creator of the all-purpose seasoning Chiko’s Smokey Rub added: “I feel
there’s a lot more interaction this year, a lot more warm feeling. People are
coming out to support it but you do see people less fortunate than others.”
His target was to provide 800 dinners that included turkey, ham, vegetables and
cassava pie. More than 200 meals were delivered to residential and nursing
homes for seniors and people with special needs before the event started
yesterday. Mr Campbell explained: “I was always supported for my small
business, Chiko’s Smokey Rub, so I thought, why can’t I support somebody
else? We have a lot of people all year round who go without hot food, or have to
go to Salvation Army or other places just to get food to fill their belly, so
why not put on an event? My twin brother Machai, who died ten years ago, we
always wanted to do a small event of giving back. Once I decided to do it, it
has just been full on.” Among those enjoying the food was Rose James, of
Southampton, whose family has been friends with Mr Campbell’s family for
years. She said: “We just thought we would come and support Chiko and what
he’s doing for the community. It’s a very nice atmosphere and nice to see
the community coming together.” Ms James added: “It’s marvelous that
he’s doing something of this magnitude for the community. I wish him much
success.” Shirley Smith, 75, of Devonshire, heard about the event through word
of mouth. She said: “With all the torment and uncertainty in the world, it’s
a good thing that good-hearted people think enough to bring things like this
together.” Another happy diner was Wyndham Smith, 63, of Warwick, who
described the meal as “one of the best” he had eaten. He added: “It’s so
nice that they do this.” Mr Campbell thanked the Royal Bermuda Yacht Club for
offering the space in front of its venue. He was also grateful to companies that
sponsored the event as well as the 36 volunteers assisting last night. Mr
Campbell hoped the money raised would come close to or surpass the $3,000 total
from 2016. The recipient of the charity donation from this year’s event had
yet to be confirmed but previous donations have gone to charities or to medical
patients struggling with costs.
An
East End businesswoman was found dead in a home in St David’s on Saturday. Selena
Minors, 51, was discovered at the property in Cove Valley Lane shortly before
4pm. She was remembered yesterday as someone who helped others and acted like a
“second mother” to young people in her community. Ms Minors, a St David’s
Islander, was the owner and operator of Selena’s restaurant in St George’s
before it closed about two years ago. Quinell Francis, the Mayor of St George,
said yesterday: “She will definitely be a miss. This is very sad.” She said
Ms Minors had two children and ran Selena’s for more than ten years, becoming
“instrumental” in community events in both St George’s and St David’s.
Ms Francis recalled how the businesswoman held a fundraising event for her
birthday in August to help a mother whose son needed medical treatment overseas.
She added: “She was very community-minded and she was about ensuring that her
community would succeed. She used to assist in any area that she could. The
Facebook comments have been pouring in to say how much she was like a second
mother to a lot of the young people in the community. She was a very personable
person, she really was concerned about people and ensuring they could fill out
their full potential.” Ms Francis added: “There are many people that are
shocked and saddened by the news, especially around Christmas time. Our
heartfelt, sincere condolences go to her children, siblings and
grandchildren.” Ms Minors was renowned for her cooking and worked at a string
of restaurants including the Halfway House, Wok and Specialty Inn before opening
her own business on Mullet Bay Road. Her community work included an annual
Causeway BBQ Throwdown & Block Party which gave passionate barbecuers a
chance to showcase their skills. Kim Swan, the Progressive Labour Party MP for
St George’s West, said: “I’m very saddened by the news of Selena’s
passing.” He remembered Ms Minors’s barbecue cookouts as being “very
popular”. Mr Swan said: “She was an entrepreneur but she had a tremendous
spirit of helping.” He added: “She was a good businesswoman and she ran a
good business establishment. What struck me was that although she was a business
person she took her organizational skills to help the community as well.” Mr
Swan said: “She did things that helped other people’s children. She was
well-loved and well-liked and respected. My wife Cindy and I express our sincere
condolences to her family, to her friends and to the community that mourns her
passing.” Mr Swan pointed out that people in St George’s had “endured
quite a number of deaths recently”. He added: “2018, when it comes to
persons passing on, has not been very favourable for us in that regard.”
Police said on Saturday that Ms Minors was found in an unresponsive state and
foul play was not suspected but an investigation into the death was launched.
A
second man was arrested after police seized three firearms and drugs with a
street value of nearly $1 million. Officers launched a two-day operation in
the Curving Avenue area of Pembroke last week. Commissioner of Police Stephen
Corbishley said several search warrants were carried out in a number of
communities and told a press conference last Friday that one person was in
custody. A BPS spokesman said today that the investigation continued. He added:
“Two men have been arrested in connection with this incident and a court
appearance is anticipated in the near future.” Anyone with information was
asked to call police on 295-0011 or Crimestoppers anonymously on 800-8477.
Bermuda’s
traditional May 24 holiday has been moved — to May 24. John Rankin, the
Governor, was asked by the Government to announce that the public holiday will
not be on Friday, May 31 in 2019 but will instead be marked a week earlier. It
means the celebrations will take place on the traditional Bermuda Day date
despite legislation introduced a year ago that suggested it would never fall on
that date again. A government spokeswoman said yesterday the change came after
the Bermuda Tourism Authority had asked to align next year’s holiday with the
United States Memorial Day weekend. The Progressive Labour Party government
tabled amendments to the Public Holidays Act 1947 in November 2017 that changed
the fixed date of May 24 to the last Friday of the month. Andrew Simons, then a
One Bermuda Alliance senator, pointed out during a debate on the switch that
when May 24 did land on a Friday, the final Friday of the month, and in turn the
holiday, would be May 31. Mr Simons suggested altering the wording from
“last” to “fourth” Friday but the plea was ignored. A list of public
holidays on the Government’s website yesterday maintained that Bermuda Day,
seen as the unofficial start to the summer, would be marked on May 31 in 2019.
However, a proclamation by Mr Rankin, published on the Official Gazette this
week, stated: “I do hereby declare that Friday, the thirty-first day of May
2019 shall not be kept as the Bermuda Day public holiday and that Friday, the
twenty-fourth day of May 2019 shall be kept as the Bermuda Day public holiday in
lieu.” Government House said yesterday: “The Governor was pleased to make
this proclamation at the request of the Government given that in 2019, May 24 is
in fact on a Friday.” The Government spokeswoman said: “This alteration to
the public holidays for the coming year has been made in consultation with the
Bermuda Tourism Authority.” She provided a comment from the BTA, which said:
“Aligning the observance of Bermuda Day with the US Memorial Day weekend will
make it easier for our visitors to join us out here and immerse themselves in
this unique celebration of our cultures.” The Bermuda Day holiday originated
from a celebration of Queen Victoria’s birthday. It was renamed Bermuda Day in
1979, based on recommendations by the Pitt Report into civil unrest in the
1970s, but the date of the holiday was unchanged. Zane DeSilva, when he was
minister of social development and sport, said last year the amendment meant the
holiday would be celebrated over a long weekend rather than sometimes falling on
a weekday. He believed then it would allow for better planning and added:
“There has always been a complaint that the absentee rate for schoolchildren
and employees is higher when the holiday is celebrated during the week. We also
feel that with this change there can be more planning with regard to the
parade.” The amendment took effect before this year’s Bermuda Day
celebrations, which were held on May 25. Government was asked for comment
yesterday but none was received by press time.
Two
volunteers at the Grateful Bread feeding programme proved you are never too
distinguished to roll up your sleeves and help the community. David Burt,
the Premier, and Leo Mills, an acting magistrate, dished out food to the
homeless and needy at a community action dinner programme on Thursday. At least
200 people attended the festive event, organized by staff at Canterbury Law, at
Astwood Hall, Pembroke. The Premier, who was volunteering with his wife,
Kristin, and two children, Nia and Edward, said: “We feel that it is important
to teach our children the spirit of the Christmas holiday. “It is a wonderful
programme and we have supported it before. It reminds you of the incredible
amount of work that remains to be done but also that this is a time to bring
happiness and joy to people. It’s seasons like this that you show the true
Bermudian spirit and all the country pitches in.” Mr Mills described the event
as “a shining example of the way in which the community comes together” and
he added: “It is a wonderful gesture and a wonderful testimony to the love and
grace of the community as a whole. It’s great to be a part of it. This is my
second time at the ‘rodeo’ and I have enjoyed it immensely.” The food
drive was the 23rd of its kind organized by Grateful Bread since January 2017. A
complimentary turkey dinner with all the trimmings was served and free items
were given out, including clothes, household necessities and toiletries. One
woman, who asked to be named as Mrs Minors, said she takes leftover food to
those in her neighborhood who are out of work. “It is a blessing for lots of
people,” she said. “This is a time for people to get together. Some people
are alone and they don’t want to eat alone so they come out and enjoy the
atmosphere. Most times I take food home for my neighbors who are struggling.
They don’t have their own place — they are living with someone and do odd
jobs in the neighborhoods.” Stacy Wilson, who attended with her family, said:
“Even with a job some people can’t afford to get by. You come to something
like this and everyone helps each other. Bermuda is expensive but Christmas is
even worse, sometimes you can’t afford gifts. I hold part-time jobs so it is
very hard for me — the money I make goes on my rent and just groceries so I
struggle.” Larrita Adderley, who was attending the event for the second time,
added: “I love it. I know what it feels like — the struggle. I was on
Financial Assistance, I’m off it now. I volunteered for 11 months at a nursery
and from that I got hired so I have been doing that for two years but it is
still expensive out there. This helps a lot.” Organizer Juliana Snelling said
that volunteers were now delivering food plates to people on the streets. She
said: “I had tried to go out in the van and bring them here but some can’t
walk and some don’t want to come here. So last month, for the first time, we
started packing up what was left and taking it out.” Residents of senior homes
Westmeath Home and Matilda Smith Home received special invitations to this
year’s dinner. The next dinner will be held on January 31 at the same
location. Anyone interested in volunteering can contact co-ordinator Suzi
Outerbridge on 296-8444 or e-mail jsnelling@canteburylaw.bm
or souterbridge@canteburylaw.bm.
Police
seized three firearms and drugs with a street value of nearly $1 million in
raids in Pembroke this week. One person is in police custody after two days
of activity in the Curving Avenue area, Commissioner of Police Stephen
Corbishley told a press conference today. Mr Corbishley said several search
warrants were carried out in several communities this week. The raids took place
on Wednesday and yesterday. He said police hope to make further arrests after
the guns are analyzed for DNA. Ballistics tests will also be conducted to see if
these firearms have been used in previous shootings, Mr Corbishley said. The
drugs were a combination of cannabis, crack cocaine and others. Mr Corbishley
said: “This represents the most significant firearms recovery with three
firearms and just under $1 million worth of drugs being taken off Bermuda
Streets.” Two of the firearms were found in the same location. He praised the
hard work and dedication of police officers carrying out intelligence-based
operations but said work would continue in these communities. “This, however,
is not a time for us to be complacent, but it just highlights the work that has
to be done to make the community safer. The guns and drugs removed from the
street will impact the ability of criminals to cause harm, distress and the loss
of life. I want a vacuum in the drug market. I want drugs to be off my streets.
I want to reduce the amount, the availability and the access that young people
have to drugs. I call on people to trust the police and to share information
with the police to make communities safer. I want people to feel confident in
the Bermuda Police Service, confident that they can contact us, confident that
we will keep it confidential. The communities where these firearms were found
are good communities. They are communities with different people: seniors, young
people, families, law abiding.” He said it was still early to confirm if the
find was related to any gang operations. Six firearms have been seized so far
this year by the police. One firearm was recovered by the police last year,
three in 2016 and seven in 2015. In total, 22 have been recovered in the past
seven years.
Two
teenagers have been convicted of the murder of Lyrico Steede, a 17-year-old
Bermudian student who was fatally stabbed in Nottingham, UK, on February 13.
A jury at Nottingham Crown Court has found three other teens guilty of
manslaughter. Kasharn Campbell, 19, and Christian Jameson, 18, were both found
guilty of murder. Manslaughter verdicts were returned for a 17-year-old boy and
a 16-year-old girl, who cannot be identified for legal reasons, as well as
Remmell Campbell-Miller, 18. Mr Steede, who lived with family in Nottingham, was
attacked in a park in Stock Well in the Bullwell area of Nottingham after being
chased. He managed to reach a residence, where police found him seriously
injured with wounds to his face, arm, leg and back. Mr Steede died in hospital
five days later. The five will be sentenced on January 25. The case made
headlines in Britain and devastated Mr Steede’s family in Bermuda and the UK.
Nottingham, an East Midlands city about 130 miles north of London, has become
host to a small community of Bermudians abroad. Known as Rico, Mr Steede was the
only son to his father Jermaine and mother Keishaye. He had two sisters, Lexxs
and Legecy. Family described him as “an extremely quiet, but happy and humble
child”.
Anti-gang
leaders Wayne Caines and Pastor Leroy Bean rolled up their sleeves to remove
graffiti from a wall in Pembroke. Mr Caines, the Minister of National
Security, and Mr Bean, the gang violence co-ordinator, took action against the
gang-related graffiti in the area of North Terrace yesterday. They were helped
by Progressive Labour Party MP Michael Weeks and PLP stalwart Shirlene Bascome,
while Rowe Spurling Paint Company donated the paint. Mr Caines said: “The Neighbours
were very upset. We could not stand by and allow the graffiti to stand over the
Christmas holiday, so we borrowed clothes from a neighbour and painted the wall.
I ask the persons responsible and remind all of Bermuda to participate in
positive activities and work together to ensure a safe and enjoyable holiday for
all.” Mr Caines said the Police Community Action Team would attend the neighborhood
yesterday."
Experts
from the United States made a surprise appearance at an event teaching
schoolchildren technology skills yesterday. Seventy-five pupils gathered for
the fifth annual Code 441 Hackathon at Axa XL, where they tackled subjects from
simple coding to artificial intelligence and machine learning. Jahde Eve, 28, organized
the event to try to give young people, including those who are not academic, a
chance to gain an edge in the technology industry. The panel of guests included
David Burt, the Premier. Mr Eve gained two tutors after tourists Maria Hwang and
Mark Santolucito, visiting from New York, found out about the hackathon through
The Royal Gazette. Ms Hwang, 34, and Mr Santolucito, 28, explained they were
eating at the Hamilton Pastry Shop on Thursday when they noticed a discarded
copy of the Gazette. Ms Hwang, a professor of computer science at the Fashion
Institute of Technology in New York, said: “After we read the article, we
looked up the Code 441 website and contacted Jahde. We’re both in computer
science, and people in our field are normally always interested in motivating
other people to become involved in computer science and not to be scared of it.
We’re educators, so it always comes naturally that we want to participate in
something like this.” Mr Santolucito, a computer science PhD student at Yale
University, said: “On vacation, you want to do things that are fun and that
you feel good about, and of course the opportunity to teach children computer
science, that’s perfect.” Mr Santalucito gave a machine learning crash
course to advanced students while Ms Hwang guided beginners. Ms Hwang said:
“For me, it’s really important that people who don’t go through the
traditional course do have an opportunity and can study computer science. It’s
prevalent that females aren’t in the field, they feel like they don’t belong
or that they can’t do it, so it’s very important for me to try to break that
cycle.” Another volunteer, Andrew Pang, 24, a friend of Mr Eve, travelled from
New York. He said: “It’s important that these children get to a place where
they can help make the changes that they want to see happen in the world by
learning these different languages to instruct the computers.” TN Tatem Middle
School pupil Jayden Symons, 11, was on the course for beginners. He described
the course as “extremely excellent” and added: “We’ve been learning
about coding and how to fix bugs in the computer. It was very fun and enjoyable.
It’s a great experience for me and the other young people that came.” Mr
Eve’s parents, Wendell and Marilyn Eve, have been attending the hackathons as
volunteers since its inception in 2013. Wendell Eve said: “He’s always said
that he wanted to come back to Bermuda and give back to the children, especially
those that may not get the opportunity to do things like this otherwise. Each
year I see more and more children coming, so it’s working.” The project is
sponsored by Hamilton Insurance Group, which has pledged to boost the digital
literacy of Bermuda’s young people.
The
Government has to get its accounts in order after “significant arrears” were
found in financial statements covering a seven-year period, the Auditor-General
said in a hard-hitting report released yesterday. Heather Thomas said
that 34 government organisations were at least one year behind with their
financial statements at the end of the 2017 financial year — equivalent to 134
years. She added: “This is unacceptable, and, in my report, I urge Government
to take all necessary steps to correct this situation.” Ms Thomas warned that
the Government was “making decisions without knowing the combined financial
position of all the organisations that make up the Government”. She said:
“It is not providing the House of Assembly or the public the analytical
information that would help them understand Government’s financial statements
and its financial condition. There are no effective long-term plans for reducing
the annual and accumulated deficits or the associated debt, the unfunded
liabilities of its major pension plans or the size of taxpayer indebtedness, all
of which continue to grow unsustainably.” Ms Thomas said that each year of
inaction worsened. She added: “And the problems are serious.” Ms Thomas said
a plan to cut debt and the deficit should become “the highest priority”. She
was speaking as her office published its scrutiny of Government departments for
the financial years ended from March 2011 to March 2017. The time frame spanned
the last One Bermuda Alliance government and almost two years of the previous
Progressive Labour Party administration. Ms Thomas reported on all seven years
in one document and added seven recommendations, as well as responses to the
recommendations from the Ministry of Finance. Ms Thomas highlighted qualified
opinions and disclaimers of opinion that suggested “all is not well” in the
183-page report. She said there had been “pockets of improvement” in
government accounting, but that documentary support for amounts recorded in the
financial statements were not available. Ms Thomas said the Government should
consolidate all its finances from this financial year, and tackle the unfunded
liabilities of its pension funds and health insurance. Other recommendations
included acting on the advice of the Sage Commission on government spending and
efficiency, and dealing with businesses that had defaulted on tax payments. Ms
Thomas, who became Auditor-General in 2016, said that at the start of her term,
the office had not completed an annual report since 2010. She added that Heather
Jacobs Matthews, her predecessor, had faced “significant challenges”. Ms
Thomas said that the lack of documentary support for transactions and delays in
the preparation for audit of financial statements meant that in the short term,
“even with significant effort to bring financial statements up to date, there
are likely to be many more opinions qualified or disclaimed”. She added that
the Commission of Inquiry set up in 2016 to look at failures to comply with
government financial instructions had taken up “significant” staff. Ms
Thomas said that, while the Auditor-General’s office had kept within budget
over the seven-year period, the workload required more staff. She added the
office should be “organised differently”, with more senior auditors and
“at least two posts” delegated to performance auditing. Ms Thomas said that
ministers who ran departments which were in arrears should take “all possible
steps to bring financial statement preparation up to date as soon as
possible”. She added that her office and the Public Accounts Committee should
work together better to ensure the ship of state was kept on an even financial
keel.
A
total of 161 applicants based in Bermuda have applied for 27 jobs listed on a
careers site for financial technology firm Bitcarbon, the company’s founder
and chief executive said last night. Cormac Kinney, an American entrepreneur
and software designer, said there had been 172 applications altogether for the
posts listed on careers.bitcarbon.com. Mr Kinney added: “We are encouraged by
the response thus far and look forward to beginning application reviews in the
coming weeks. Our jobs require many of the same skills needed for careers in the
insurance industry, such as arbitration, member services, financial accounting
and risk management. Because of that, our hope is that extensive training
won’t be required for the majority of the roles. Since Bitcarbon and the
Diamond Standard Exchange have not yet submitted the final application for
approval by the Bermuda Monetary Authority, I must restrain my natural
enthusiasm to share more of our plans.” He was speaking after the Opposition
leader claimed the country’s fintech sector had still to produce jobs for
Bermudians. Craig Cannonier said a response by David Burt, the Premier, to a
parliamentary question on the number of Bermudians employed in the area was
“tantamount to zero”. Mr Cannonier earlier asked Mr Burt how many jobs had
been created as a result of 44 incorporations of fintech companies in Bermuda.
He also wanted to know the job titles and the number of Bermudians employed in
the industry. A response to Mr Cannonier’s question was on the House of
Assembly Order of Business for December 7 but the written answer he received was
dated December 17. Mr Burt told Mr Cannonier then that job creation was a matter
for the private firms involved and there was no obligation for the Government to
collate the figures. He also said that the query did not seek information on
“a question of fact within the official cognizance of the minister” as set
out in House Standing Orders, the rulebook for the House of Assembly. Mr Burt
added: “There is no means by which to properly determine a ‘direct result’
in this case.” He also directed the Opposition leader to a website for fintech
firm Bitcarbon where he said “one such company has listed 27 jobs they intend
to fill in Bermuda”. Mr Cannonier told The Royal Gazette: “The
Premier has decided he’s not answering the question and uses a clause to
essentially say that there is no means by which to properly determine a direct
result in this case.” He added: “What Mr and Mrs Bermuda want to know is,
where are the jobs? And this answer is tantamount to zero. Zero jobs have been
created, but this Premier is not willing to be transparent, is not willing to be
direct about the answers to this question.” Mr Cannonier added that Mr
Burt’s suggestion to look at job adverts was also “not answering the
question. This should be concerning to Mr and Mrs Bermuda. If this is the
direction that we’re going, then the Premier has challenges on his hands. If
we’re going in the direction of creating a third pillar, fintech, then it is
incumbent on this government to keep its finger on the pulse of what’s going
on.” Mr Burt told MPs last Friday there were now 52 financial technology
companies licensed in Bermuda, but that they were held back by “complications
to banking within this particular sector”. He said last night: “The
Opposition leader may not like the rules in the House of Assembly, but they
exist and apply to him like every other MP.” Mr Burt added that there had been
“positive economic signs” over the past year, including new incorporations
in international and island business. He added: “Where indicators are not
performing as this economy needs them to, we are working with those sectors to
repurpose and retool individuals for the jobs that will come in this economy.”
Mr Burt accused Mr Cannonier of trying to “bash new companies before they’ve
even had the chance to commence operations”. He added: “We committed to
growing this economy for more and more Bermudians to participate and share in
that growth and these incorporations are a critical step towards fulfilling that
promise.” The Premier tweeted on Monday that Mr Kinney had visited the Cabinet
Office. Mr Burt told followers that Mr Kinney discussed plans for the
company’s Bermudian-based fintech business and encouraged Bermudians to visit
the online jobs list. The positions advertised for Hamilton included
receptionist, staff accountant, customer support managers and assistant to the
executive team.
The $1.7 million white
elephant flagship of the police fleet is up for sale. A police spokesman
said the Australian-built MV Guardian was on the market because “the
cost of maintaining it outweighs the benefit of retaining it”. The boat, which
spends most of its time tied up in Dockyard, was bought 12 years ago as a
replacement for the old Blue Heron. The spokesman said the BPS hoped to
get funding to buy a more versatile replacement. It is the hope that the Bermuda
Government will see fit to allocate funds to purchase a new boat for the Bermuda
Police Service in the upcoming Budget. The Guardian has been used in its
time for various offshore drug interdiction operations and as a command platform
for major on-water events such as the America’s Cup, Non-Mariners event and
holiday weekends.” A police spokesman refused to release the annual cost of
running the boat without a public access to information request. He earlier said
the cost to maintain the vessel could not be given because the cost “varied
from one year to the next”. An advertisement for the boat, published last week
in The Royal Gazette, did not list a price. However, it said that duty of
up to 35 per cent of the sale price would have to be paid, with the tax level
based on the future use of the boat. Michael Dunkley, a former One Bermuda
Alliance premier and national security minister, said he was not surprised to
see the Guardian up for sale given the changing nature of marine police
work. He added that the Government had been clear about increasing the maritime
role of the Royal Bermuda Regiment. Mr Dunkley said: “Government is probably
developing, or has already developed, a plan about how they could do it and what
they need and a vessel like the Guardian might not be the best suited for
that.” Mr Dunkley, however, stood by his past criticism of the decision to buy
the boat. “It’s clear that from the time it was brought in until the end
point, it probably didn’t get the use that it really needed because it really
didn’t fit into what they needed. I think other vessels would have been put to
much better use.” The 54-foot patrol boat, designed to carry a crew of four
and up to eight passengers, arrived in Bermuda in 2006. The Guardian,
based on a class of boats built for the New South Wales Water Police in
Australia, was said to have a range of about 230 miles and high-tech
communications equipment, including GPS. The Blue Heron was only equipped
with radar and a radio. Police said when the boat was commissioned that it would
be the island’s main search, rescue and surveillance vessel. A police
spokesman said: “It will come with a very high standard of finish and is well
equipped to perform its day-to-day duties. Primary roles include maritime patrol
of the territorial waters of Bermuda, ports and harbour security and search and
rescue.” The purchase, however, was later criticized for being poor value for
money. The Guardian suffered technical problems only months after it
arrived and the Government said in 2008 that the boat was rarely used. The
Royal Gazette reported at the time that the vessel had been out of port for
fewer than two days a month, partly because officers were not comfortable
piloting it due to a lack of training. The Government came in for more criticism
when it was revealed the boat was taken out of the water as Hurricane Bill
approached in 2009. However, the police said the boat was never intended to be
used during hurricanes.
The
British Airways flight from London to Bermuda was among hundreds cancelled
yesterday amid security fears over illegal drone flights at London's Gatwick
airport. But BA flew an aircraft to Bermuda from London Heathrow to
transport passengers booked to leave the island last night. Bermudian mother
Lisa James said her two daughters were at the Gatwick Hilton hotel last night
and not sure if they would be able to continue on to Bermuda today. She said:
“I’m now here in Bermuda and I’m waiting to hear any update from BA or
anyone to say if their flights are going to be cancelled because I don’t know.
They are 16 and well-travelled, but a delay or cancellation could put them in a
precarious position." Ms James added she was in regular contact with her
daughters. “The worst-case scenario is they fly from Heathrow or they are
transferred back to Manchester and go through New York,” she said. A
spokeswoman for the airline said yesterday: “All flights at Gatwick airport
have been cancelled following reports of drones flying over the airfield
Wednesday night and Thursday morning. We take the safety of our customers and
crew extremely seriously and, like most airlines at Gatwick airport, we have
cancelled flights including BA 2233 to Bermuda. The spokeswoman added:
“Passengers are advised to keep checking the ba.com website for the latest
time of departure from Bermuda. Our airport teams are working to minimize the
disruption for our customers at what we know is a very important time of
year.” She said that BA had offered passengers scheduled to travel to or from
Gatwick yesterday and today a range of rebook and refund options. She added that
passengers should check ba.com for the latest information about their flight
before they leave home. The disruption of flights, which Sussex police said was
deliberate, also affected Wednesday’s flight from Bermuda to Gatwick, which
was diverted to Amsterdam’s Schiphol International Airport. More than 110,000
passengers were affected by the mass cancellations and more flights were
expected to be disrupted elsewhere because of the knock-on effect of the Gatwick
closure. The shutdown was ordered just after 5pm Bermuda time on Wednesday, when
two drones were spotted flying “over the perimeter fence and into where the
runway operates from”. The runway reopened for a short time around 11pm
Bermuda time on Wednesday night, but was closed again about 45 minutes later
after “a further sighting of drones”. The airport said yesterday morning
that another drone had been spotted. Sussex Police said the drones were not
terror-related, but that the incidents were a “deliberate act” of disruption
using “industrial specification” drones. The BBC reported that more than 20
police units were looking for those responsible. Anyone convicted of flying a
drone in the airport’s restricted airspace could face up to five years in
prison. The British Army was also called in to deploy specialist equipment.
Christmas
started early at a nursing home yesterday as volunteers from a professional
services firm delivered hampers of food and gifts to four resident war veterans
and widows. Janet Whitwell-Caisey, the director of nursing at Westmeath home
in Pembroke, said the presents handed over by PwC had “brightened the day”.
She added: “They are veterans, so it’s nice for them to be appreciated and
thought of.” Ms Whitwell-Caisey said that resident Harry Kromer “just lit up
when he saw the chocolate”. The PwC team also called on the Mayflower
Apartments near Hamilton and other homes. The veterans’ giveaway was organized
by the Bermuda Legion and backed with $2,500 from PwC’s staff donation
committee. The programme has grown over the years and now 90 people across
Bermuda receive gifts and a Christmas visit. Carol Everson, welfare caseworker
for the Bermuda Legion, said: “The personal visits are well appreciated, and
we get many thank-you responses.” Ms Everson added that the PwC team
“provided excellent Christmas cheer and the Bermuda Legion is very grateful
for their kindness”. Staff at Lindo’s Market in Devonshire collated all the
gifts and Giorgio Zanol, president of the Lindo’s Group, gave the Bermuda
Legion a discount.
A
charity that provides transport for seniors and the disabled is looking for a
new driver. Project Action has launched a recruitment drive after
long-serving Ernest “Shuby” DeGrilla retired for health reasons and as it
started its end-of-year fundraising drive. Cindy Swan, a cofounder of the
organization's bus service, said Mr DeGrilla’s departure was a “sad day”.
She added: “Shuby, as he’s affectionately called, went above and beyond the
call of duty to transport seniors. We send our appreciation to Shuby and his
family for lending us him, and pray for God’s blessings for him. We are at
present interviewing for the very large shoes that will have to be filled.”
Project Action needs about $110,000 each year to keep its service running, and
has appealed to the public for sponsorship. Ms Swan said the charity hoped to
have a full-time driver for door-to-door service early in the new year. She
added: “We will still be offering rides for rest homes in the evenings to see
the Christmas tree lights — we have volunteer drives to keep that service
going.” Day trips include taking seniors to medical appointments. Patients on
dialysis who have no other way to get around require round trips to the hospital
three times a week. Ms Swan said: “In an ageing community like Bermuda, the
onus is on the community to meet the needs of this fast-growing segment. We’d
like to thank Rubis, which has provided free diesel for the past 20 years. We
could not have continued without them.” She also thanked Dawn Simmons, Project
Action’s new board member. Ms Swan added: “We are in the process of seeking
a new driver and ask anyone interested to call us.”
• Cindy Swan can be contacted at 535-9801. Rose Douglas, Project Action’s administrator, is at 297-5044 or bermudaprojectaction@gmail.com. Donations can be made to Butterfield Bank account #2000606028225100.
“Significant
arrears” persisted in the Bermuda Government’s finances for a seven-year
period, according to the Auditor-General, Heather Thomas. Ms Thomas this
afternoon published the results of her office’s work for each government
organisation covering the years ended 2011 to 2017, under both the Progressive
Labour Party and One Bermuda Alliance administrations. She pointed to qualified
opinions and disclaimers of opinion which suggest “all is not well” and said
sufficient, appropriate documentary support for amounts recorded in the
financial statements was not available. Ms Thomas also said there had also been
“pockets of improvement” in accounting for the public purse. The reports can
be viewed online here.
In addition, the material sums up four special reports by the Auditor-General
released during that period. Ms Thomas said she had set out the
Auditor-General’s strategic focus, with commentary on the office’s
administration. She said that, at the start of her term as Auditor-General, the
office had not completed an annual report since 2010. A statement follows:
"This was due to the significant challenges that my predecessor faced in
her tenure and special investigations that were reported on. I wanted to bring
this aspect of the office’s work up to date at my earliest opportunity.
However, I decided that it was neither feasible nor a good use of public money
to produce seven separate reports covering the seven years from April 1, 2010 to
March 31, 2017. Consequently, my single report covers the work of the office for
the seven years ended March 31, 2011 to March 31, 2107. During the period
covered by my report, the office completed audits and provided audit opinions on
298 annual financial statements of Government-controlled organisations, funds,
parish councils and aided schools’ capitation grant accounts, of which 133
were qualified opinions or disclaimers of opinion. In addition, as at March 31,
2017, there were 45 more audits at various stages of completion and the
resultant audited financial statements were issued between April 1 and December
31, 2017.” The Auditor-General noted that the significance of qualified
opinions and disclaimers of opinion is explained in her report.
She added: “But in a general sense, they mean that all is not well and that, typically, sufficient, appropriate documentary support for amounts recorded in the financial statements is not available. This is not surprising, given the time that has passed between transactions taking place and the financial statements being prepared for audit. In the short term, even with significant effort to bring financial statements up to date, there are likely to be many more opinions qualified or disclaimed.” The report concludes that, while there have been pockets of improvement, significant arrears continue to exist across the Government. Ms Thomas explained that “There are 34 organisations falling under my mandate that were at least one year behind with their financial statements as at March 31, 2017. In total, these organisations had an arrears of 134 years of financial statements. This is unacceptable, and, in my report, I urge Government to take all necessary steps to correct this situation.” During the period covered by the report, the previous Auditor-General issued a report to the House of Assembly regarding the results of the audits of the Consolidated Fund financial statements. That report included instances of serious non-compliance with Financial Instructions and related rules. This led to the then-Premier establishing a Commission of Inquiry to investigate the matters arising under section 3 (Audit Observations and Recommendations) of the Auditor-General’s Report. Ms Thomas said: “My report explains that my staff and I spent a significant amount of time from April 2016 to December 2016 assisting the work of the Commission.” In her report, the Auditor-General explains that since assuming her responsibilities as Auditor-General, she has given much thought as to where she plans to focus her efforts over the coming years. Ms Thomas said: “I have concluded that I can best serve the people of Bermuda and the officials they elect to represent them in Parliament by focusing on three broad areas:
The Auditor-General acknowledged that these areas of focus are essentially the same as those adopted by her predecessor. “I believe they continue to make sense,” said Ms Thomas, “And they are consistent with the approach taken by Auditors-General across Canada and the Commonwealth.” Regarding the administration of the Office, the Auditor-General said that she was pleased that the office’s spending was within its allocated budget for all seven years covered by her report. “I believe that over the period covered by this report (the seven years ended March 31, 2017), the Office has been resourced adequately,” Ms Thomas said. The challenge for Ms Thomas is to fill the posts for which the office has been funded. “For example,” said the Auditor-General, “at the end of March 31, 2017, we had four vacancies. In the context of the size of the Government, that may not sound too bad. However, in the context of our ever-increasing workload (two to three new government entities are added every year) together with the fact that we have only 14 funded posts for professional audit staff and students, it is very significant.” The position of Auditor-General is established under the Bermuda Constitution Order. The specific mandate and responsibilities of the Auditor-General are set out in the Audit Act 1990, and include carrying out audits of Government and its organisations and reporting to the legislature. The mission of the Office of the Auditor-General is to add credibility where appropriate to the Government’s financial reporting and to promote improvement in the financial administration of all Government Ministries, Departments and all other entities for which the Government is accountable to Parliament.
Six
further members of watchdog groups to scrutinize public spending were announced
in the Senate yesterday. Members of the Upper House will join MPs in three
parliamentary oversight committees to hold ministers and their departments to
account in an effort to get value for money. Joan Dillas-Wright, the Senate
president, said the infrastructure and transport committee, which deals with
home affairs, public works, transport and regulatory affairs, would include
senators Michelle Simmons, an independent, and Dwayne Robinson, a One Bermuda
Alliance member. The education, health and welfare committee, which includes
social development and sport, will have Marcus Jones of the OBA and Ms
Dillas-Wright in the group. James Jardine, an independent senator, and Anthony
Richardson, a government senator, will serve on the central policy, security and
economic growth committee, which also deals with the Cabinet, finance, tourism
and legal affairs. Dennis Lister, the Speaker of the House, announced the new
groups and their MP members on Monday. He planned to meet the committees during
recess to explain their roles and responsibilities. Mr Lister added:
“Hopefully we’ll get them started early in the new year.” The oversight
committees were recommended in the 2013 report by the Spending and Government
Efficiency Commission, appointed by the former OBA administration. The
Progressive Labour Party pledged to introduce the watchdog groups in its 2017
General Election platform.
Complaints
to the Department of Immigration about suspected breaches of immigration law
have reached 115 to date in 2018, Wayne Caines, the national security minister,
revealed yesterday. There were 150 tip-offs to the department in 2017, Mr
Caines added, as he issued a reminder on procedures for reporting immigration
violations. “I recognize there has been a level of sensitivity about reporting
breaches,” Mr Caines said, emphasizing that anonymity was part of the process.
It takes two to three months to investigate a legitimate complaint. As well as
relying on the public, the department uses tip-offs from other government
departments as well as the police. Anonymous calls can be made to 296-5202, and
the department can be e-mailed at immigrationcomplaints@gov.bm.
The public can visit the department at 30 Parliament Street in Hamilton to speak
with a compliance inspector, or send in details on a suspected breach. Mr Caines
said: “If you see an individual or company in breach of the law, take on the
responsibility to do the right thing, and file a report.”
Judith
Hall-Bean has been appointed chairwoman of the Public Service Negotiation Team.
Former chairman Jonathan Smith has stepped down due to work commitments.
Minister for the Cabinet Office Walton Brown said: “I anticipate that Mrs
Hall-Bean will bring significant expertise and professionalism to the role,
having served as lead negotiator for the Government during the course of her
career at the most senior levels of the public service. “The public is aware
that the PSNT is responsible for leading our union negotiations. I wish to thank
Mr Smith for his service to the PSNT and acknowledge his dedication and
commitment to the negotiations process. This Government will continue to work
with the unions to settle outstanding issues related to the terms and conditions
of service whilst simultaneously cultivating improved organizational performance
as we work towards a future-forward Government for the people of Bermuda.”
Vincent Hollinsid and Orrin Simmons are the other members of the PSNT.
Bermuda’s wartime air heroes
were honored today with a special stamp series issued to mark the 100th
birthday of the Royal Air Force. The four stamps from the Bermuda Post
Office highlight Rowe Spurling, who fought in the First World War, and Geoffrey
Osborn, Hugh Watlington and Alan “Smokey” Wingood, who served in the Second
World War. Major Ben Beasley, Second in Command of the Royal Bermuda Regiment
and a former RAF officer, said Bermuda made significant contributions to the war
efforts in the air. He said: “It’s great to see the Bermuda Post Office
honour our airman veterans, especially as this year marks not only the 100th
birthday of the RAF, but also the end of the First World War, when airpower
became a significant force for the first time. It is a fitting tribute to their
service and sacrifice.”
Horst Augustinovic, who sits on the stamp design advisory committee, said authorities in Britain had sent some designs to commemorate the anniversary, but none had a Bermuda theme. He added that the committee decided to come up with designs that reflected the island’s contribution to the RAF. Mr Augustinovic said: “They submitted some proposals, but they were all British planes. There was really no specific Bermuda connection. I thought with Bermuda having produced a number of pilots who flew in both world wars, we could Bermudianise it.” He said he had met three of the pilots highlighted on the stamps while the fourth, First World War pilot Mr Spurling, had created a fascinating career. Mr Augustinovic added: “It was not just by the story of how he became an ace by absolute chance — he was lost, he tried to land in a German airfield and they didn’t see him because of the sun and he managed to shoot down five planes and become an instant ace. He was also an intriguing fellow in the Second World War. He was ferrying flying boats from Catalina to England, but he got involved as a contraband officer and he often made hilarious comments in his reports.”
Mr Augustinovic said he knew Mr Osborn, who was a top pilot and fellow stamp collector honored for risking his life to pull injured crew members from a crashed bomber. He added that Mr Watlington and Mr Wingood both made a name for themselves outside of combat. Mr Augustinovic said he had spoken to relatives of the late pilots, who were excited to see their wartime heroics immortalized. He said: “I think stamps are a good way to recognize their contributions because they are permanent. They will for ever be in catalogues and collections worldwide.” Major Beasley also highlighted the contributions of RAF Flying Officer Grant Ede, the first Bermudian to die in the Second World War, and Airman Philip Lamb, who continued to serve even after he was injured in an air raid. He said: “The harrowing experiences that those who served in the RAF will never been known to most, yet we live in a free world because of what they gave, along with their sailor and soldier counterparts. Little remains in Bermuda of our contrition to the war in the skies save for some graves in the West End, a dilapidated building on Darrell’s Island, and the RAF ensign that flies at the Cenotaph.” Major Beasley added: “I am extremely proud to be a Royal Bermuda Regiment officer and a former RAF officer, and I hope that in some small way my duties can honour the important role my country and my countrymen played in the darkest of times.” The RAF was formed in 1918 by a merger of the British Army’s Royal Flying Corps and the Royal Naval Air Service. About 20 Bermudians flew in the First World War, and another 80 were trained at the Bermuda Flying School during the Second World War. Many of the island-trained pilots joined the RAF, while others flew spotter aircraft for the Royal Artillery or signed up with the Royal Canadian Air Force. Four Bermudian veterans will be featured on the Royal Air Force anniversary stamps.
Some
borrowers in Bermuda with residential mortgages, commercial loans or corporate
loans will pay more interest after the US Federal Reserve raised interest rates.
In response to the quarter percentage point hike in the US, Butterfield Bank
said it is adjusting its interest rates on fixed-term deposits and loans.
However, Clarien Bank is keeping its rates unchanged, while HSBC Bermuda has not
announced any change and said if there is any impact on its rates, these “will
be communicated through our usual channels”. The Fed’s interest rate hike
was the fourth this year and the ninth since 2015. It lifted its interest rate
by 0.25 of a percentage point, to a target range of 2.25 to 2.5 per cent. It is
now estimated that the Fed will raise interest rates twice in 2019, rather than
three times as was previously forecast. The change in sentiment is said to be
because of concerns about slowing growth in the US and elsewhere. Bermuda has no
rate-setting central bank and the island’s lenders have frequently followed
the Fed’s lead. In September, when US rates last rose, Butterfield increased
its lending rates in line with the Fed’s 0.25 percentage point change.
Reacting to the Fed’s latest increase, Butterfield said the base rate for
Bermuda dollar residential mortgages and consumer loans will increase by 0.25
per cent to 5.5 per cent. The base rate for Bermuda dollar corporate loans and
US dollar loans will increase by 0.25 per cent to 6 per cent. The loan rate
increases take effect on December 27, while the Bermuda residential mortgage
interest rate changes will be made on March 19. For savers, there will be an
interest-rate increase of between 0.1 per cent and 0.25 per cent on Bermuda
dollar and US dollar fixed-term deposits with terms of 90 days or more. Those
changes will take effect on December 27.
Clarien Bank’s base lending rates will remain unchanged. Its Bermuda dollar base rate for personal mortgages stays at 4.5 per cent and 4.75 per cent for commercial mortgages. In September, the bank also left its base lending rates unchanged after the increase in the Fed Funds rate. Ian Truran, chief executive officer of Clarien Bank Limited, said: “The decision not to increase base lending rates reflects our commitment to constantly assess overall market conditions globally and the impact it has on our local economy. We are intensely mindful of how base lending rate changes impact our clients, and after carefully analyzing several different factors including the rise in the US Federal Reserve rate, it has been determined that we will not increase our base lending rates at this time.” Clarien recently announced increases in its deposit rates, which it said was “providing clients with a broad range of products at competitive rates to secure and grow their savings”. In a statement, Clarien said it will continue to review lending and deposit rates and make adjustments as needed “to ensure it provides a superior range of financial planning solutions for its diverse range of clients”. An HSBC spokesperson said: “HSBC Bermuda considers multiple factors [including but not limited to, the Fed rates], in our ongoing reviews of the Bank’s lending and savings rates. Any impact on the rates will be communicated through our usual channels.” Butterfield Bank said anyone seeking information regarding rates and payment terms should contact its Consumer Credit department on 298-4799. Information regarding Clarien Bank rates is available at clarienbank.com.
Catastrophe
risk modelling firm AIR Worldwide estimates that the direct cyber-incident
losses for the Marriott breach will be between $200 million and $600 million.
AIR’s loss estimates are based on the assumption that 500 million records were
stolen, as Marriott has reported. This month, Marriott said that in early
September it received an alert from an internal security tool regarding an
attempt to access the Starwood guest reservation database. Marriott engaged
leading security experts to help determine what occurred. It learnt that there
had been unauthorized access to the Starwood network since 2014. Marriott
recently discovered that an unauthorized party had copied and encrypted
information and took steps towards removing it. Last month, Marriott was able to
decrypt the information and determined that the contents were from the Starwood
guest reservation database. AIR said the range of loss estimates it has
announced reflect the uncertainty about the data that was stolen, such as
whether an encryption key has also been stolen along with encrypted credit card
data; and said there is additional uncertainty, as some of the records may be
duplicates. Scott Stransky, assistant vice-president and director of emerging
risk modelling, AIR Worldwide, said: “AIR’s new probabilistic security
breach model shows that this type of event is not unprecedented, even though an
event of this magnitude hasn’t previously happened to a hotel chain. In fact,
the largest recorded breach for a US-based hotel chain prior to this event was
less than 1/50 the size in terms of the number of records stolen. There are more
than 300 simulated events in our model that cause higher losses for US-based
hotels.” AIR’s loss estimates are based on an analysis performed using its
Cyber Model. These estimates are subject to uncertainty and are not based on
actual policy or loss data reported by Marriott. AIR said the net financial
impact to Marriott will be partially mitigated by the cyber insurance and other
liability insurance coverage they reportedly have, which are not accounted for
in these estimated losses.
Insurance
and reinsurance companies in Bermuda are doing a little more to make the festive
season more enjoyable for Bermudians in need. Many of the companies that
make up the Association of Bermuda Insurers and Reinsurers donate funds and time
during the year to help charities and organisations on the island, and an extra
effort is being made as the holidays begin. Kevin O’Donnell, president and
chief executive of RenaissanceRe Holdings Ltd is the chairman of Abir. He said:
“Abir’s most significant contribution to Bermuda is the more than $840
million direct economic impact to the Bermuda economy including millions in
charitable contributions to local organisations. And at this time of year,
companies and employee groups are doing a little extra to make the holidays
brighter for Bermudians in need.” Abir members companies and broker advisers
are helping to make this season brighter for others. Among them is Argo. This
month its Bermuda office is supporting 77 children through the Foster Parents
Association Angel Tree programme. Axa XL Bermuda office, a division of Axa Group
holds a Kids Holiday Party each year at O’Hara House for children related to
employees and request that each adult brings a gift suitable for children
ranging in ages from newborn to 16 years old. The gifts can include clothing,
toys or gift certificates. At the end of the party, the children happily help
Santa load up the gifts in a truck and they are given to the Coalition for the
Protection of Children’s “Toys for Tots” campaign. Also following the Axa
acquisition this year, team members held a sale of XL Catlin branded merchandise
for employees in the Bermuda office and raised more than $7,500, the proceeds
equally distributed to seven local charities chosen by our colleagues.
Meanwhile, Axis is giving back to the communities they call home. Working
closely with its Bermuda charity partners — including Meals on Wheels, Adara
and the Bermuda Cancer and Health, among others — to contribute time and
resources to help friends and neighbors have a safe and enjoyable holiday. Over
the last ten years, Axis has donated over $7 million to more than 80 local
charities in Bermuda. Guy Carpenter and Company, as a part of MMC Bermuda, have
supported Big Brothers Big Sisters charity through a ‘Shoebox Giveaway’.
Volunteer staff members participate and are assigned a child, between the ages
of 5 and 17, to present a shoebox to, filled with gifts for the holiday season.
MMC has also agreed to supplement their staff members’ donations by giving each recipient gift cards, which total $2,500. This year MMC Bermuda will donate 87 shoeboxes to local children in need, which is their way of embracing the spirit of giving. Young people will then be invited to the offices, where they will find Santa handing out presents, get to sample refreshments and mingle with staff. PartnerRe is celebrating its 25th anniversary and another Dollars for Hours initiative: 2,000 students have donated 26,600 hours to local charities for a total donation of close to $3 million to Bermuda’s secondary schools. In addition, the PartnerRe 5K — Women helping Women — is Bermuda’s largest all-female sporting event and raised more than $35,000 to support Family Centre this year. RenaissanceRe staff are bringing cheer to 45 children by supporting the Foster Parents Association of Bermuda and Big Brothers Big Sisters with their Christmas Angels programme. Dozens of RenaissanceRe staff selected anonymous children as “angels” and went out to purchase toys, clothes, electronics and sporting goods from the children’s wish lists this year. RenaissanceRe and its employees are also assisting 100 vulnerable seniors by supporting those enrolled in Age Concern’s Hardship Programme. Dozens of RenaissanceRe staff, along with corporate support, will financially contribute 100 gift bags containing toiletries and also donate blankets — all items identified by Age Concern as very important at this time of year. John Huff, president of Abir, said: “As Abir marks its 25 years of innovation, growth and leadership, we celebrate the tremendous generosity of its member companies to the Bermuda community during the holiday season.”
A
couple who posted 20,000 booklets on “the way to happiness” around the
island this month insisted their motives were separate from the controversial
Scientology movement. Don and Dee Pearson, who said they financed the
printing and mailing of the booklet, written in 1980 by L. Ron Hubbard, the
founder of Scientology, plan to return in February to send out more copies of
the booklet. Mr Pearson admitted the couple were believers in Scientology. But
he said: “We are not selling anything, we’re not trying to get anybody to do
something for us. Dee said, this island has been very good to us, and if I ever
get a chance, I want to give something back. Let’s see if we can share
something valuable to us.” Mr Pearson admitted that he would “probably
not” have heard of the booklet, produced by Scientology-backed The Way to
Happiness Foundation, if he had not joined the movement. He encountered
Dianetics, Hubbard’s belief system, decades ago as a student of psychology at
California State University in Fresno. He added: “If I wasn’t already
interested in Dianetics, how would I have come across this?” However, Mr
Pearson, an American married to a Bermudian who has visited the island for close
to 40 years, said the couple had no ulterior motive to their mailing campaign,
which included three nights of seminars at the Fairmont Southampton, with the
final one last Friday. He added that the events, which were free and involved no
follow-up for guests, attracted about “a dozen” at a time. Mr Pearson
insisted the booklet, which the couple had printed on-island, was non-religious,
and some of its 21 precepts, such as “Do Not Murder”, might seem
“obvious”. But he added: “Sometimes we need to be reminded of the
obvious.” Mr Pearson said he had noticed a rise in violent crime on the island
over the course of the couples’ visits. He added: “The moral challenges of
violent crime and drugs have hit Bermuda like they have hit places all over the
world. This could be a way to get people to maybe consider changing their minds
a little.” Mr Pearson, who works for a software firm in California, refused to
say how much it cost to print and post the almost 21,000 booklets, but said the
couple had paid the expenses themselves. He added: “Our goal was the whole
island. We just couldn’t afford it. We figured we would break it into two
years.” Mr Pearson said the couple planned to organize another series of
seminars next February. He added: “We have a lot of family here with a lot of
viewpoints, and they know what we’re like. We’re not selling anything, and
we’re not trying to force someone to change their mind.” The Church of
Scientology media relations department wrote to The Royal Gazette in
response to an article last Wednesday. A spokeswoman said: “The church proudly
supports The Way to Happiness Foundation, as it does several other secular
social betterment and humanitarian programmes”.
Three
watchdog groups to scrutinize public spending will start work in the new year,
the Speaker of the House of Assembly said. The Parliamentary Oversight
Committees will hold ministers and their departments to account in an effort to
get value for money. Dennis Lister, the Speaker of the House, announced the new
groups and some of their members during a special House sitting on Monday. He
said: “I’m going to meet with the individual committees during the time of
recess to walk them through the process and the roles and responsibilities that
they will have. Hopefully, we’ll get them started early in the new year.”
They were among recommendations in a wide-ranging report on spending in 2013 and
were promised by the Progressive Labour Party before it took power last year.
MPs from both parties and senators will form the committees, which cover areas
including health, education, transport and security. Derrick Burgess, Lawrence
Scott, Kim Swan and Tineé Furbert from the Progressive Labour Party, as well as
shadow education minister Cole Simons, will sit on the Infrastructure and
Transport Committee. A watchdog for education, health and welfare will include
PLP backbenchers Neville Tyrrell, Michael Weeks, Christopher Famous, deputy
Opposition leader Leah Scott and her One Bermuda Alliance colleague Jeanne
Atherden. The central policy, security and economic growth committee’s MPs
will be Renée Ming, Michael Scott and Scott Simmons — all PLP backbenchers
— alongside Sylvan Richards, the shadow minister of planning and environment,
and Susan Jackson, the shadow Minister of Health and seniors. Mr Lister said he
expected the Senate members on each committee to be announced at today’s
sitting of the Upper House. He told The Royal Gazette yesterday that the
Public Accounts Committee had traditionally had oversight of government
spending. Mr Lister added: “Their guidelines and the structure that they
operated under was more the ability to look at an item after the dollars had
been spent, after the expenditure had already been made.
The new oversight committees have the ability to question funds and operations of ministries and government agencies as it is actually happening.” As well as spending, the committees can monitor performance and whether specific projects or programmes are on course to meet their objectives. The oversight committees were recommended in the 2013 report by the Spending and Government Expenditure Commission, commissioned by the former OBA administration. The PLP pledged to establish the committees inside its first 100 days in power in its 2017 General Election platform. Lovitta Foggo, then the Minister for Government Reform, told MPs in October last year she was a “fierce advocate” for the committees, although their introduction was a matter for the Speaker. David Burt, the Premier, said in July — a year after the PLP’s landslide victory — that the establishment of the groups fell under the scope of the House of Assembly. He added: “From the government perspective, we’ve done our bit of it.” Mr Lister said yesterday that Parliament’s Standing Orders — the rules that govern the House — had not covered oversight committees, so amendments had to be approved. He added it had also taken time to create a framework for the implementation of the groups. Mr Lister said the way similar committees operated in other jurisdictions was also considered. He added: “It’s no real hiccup as far as the government process of it. It’s something that’s totally new and there are different forms based on the different Parliament styles that we were doing a full assessment on and making sure we found what fits best for Bermuda.”
A
year-long closure of a section of a road so construction of a new power station
at utility firm Belco has already affected businesses in the area, it was
claimed yesterday. Business owners in the area of Cemetery Road said the
work did not need the closure of a section of Cemetery Road in Pembroke for so
long. David Rowntree, owner of window specialists TreeCon, said: “I understand
they have to provide electricity, but to close the road all day, I don’t think
it is necessary. He added: “It interferes with the flow of traffic that
normally would flow through here all day.” He pointed out that the
construction being carried out by Belco is near St John’s Road and the site
could be accessed from there. Mr Rowntree said: “I have no idea why they have
to close this road.” He added the road was also used by drivers to avoid
traffic congestion during peak hours. Mr Rowntree said that businesses were only
notified of the closure after the affected areas were blocked off. He added:
“I only knew about it when I saw it in the newspaper and I got an e-mail on
Monday.” Jennifer McCarron, owner of the Animal and Garden House, said she was
not aware that the road would be closed for 12 months until she saw a story in The
Royal Gazette. She added: “It would have been helpful if it were
advertised prior.” Ms McCarron said she has seen a decline in customers “as
soon as they put the signs up”. She had been told by a Belco representative
that the road would be closed but not for how long. The closure order affected
Tribe Road between St John’s Road and Cemetery Road and a section of Cemetery
Road between Cemetery Lane and the bridge to Gorham’s. The areas are closed to
pedestrians and traffic from December 10 to January 2020. One woman in the area,
who asked not to be named, said the closure would not have a major impact on
pedestrians or drivers. She added that Cemetery Road was most often used only as
a shortcut and that road users would take alternative routes. The woman said:
“This is like a short cut. I don’t think it will affect traffic, it is
rarely used.” She added: “It’s not major. The important thing is to let
people know it is closed.” Saltus Grammar School, which is just outside the
affected area, said it had advised parents of the closure and asked them to make
alternative plans for peak-hour traffic. A school spokeswoman said it had not
yet received any complaints, but would monitor the situation. She added: “We
are yet to see if there will be a major impact.” Belco signed a $107.5 million
deal to fund the construction of the new North Power Station in July. It said at
the time that the construction of the new plant would result in the removal and
disposal of nine older engines and the commissioning of four “new, more
efficient engines”. Belco added: “The cost for maintenance and fuel will be
less. The replacement generation will also lead to better system reliability,
cleaner operations for the environment and a significant decrease in the
vibration and noise levels currently experienced by nearby residents.” The
firm said yesterday it would reveal more about the extent of the work and the
need for the road closures later this week. The customer service centre at Belco
will shut for the Christmas break at noon on Monday and reopen on December 27.
Customers can make payments on Monday afternoon at the Money Shop in the
Washington Mall, All Talk in St George’s and MarketPlace in Somerset.
Customers can also pay online with a Mastercard at belco.bm or online through
their bank account.
A
group set up to support public schools has called on the public to help ease a
shortage of classroom supplies. Support Public Schools hopes people will be
inspired by the donation of $1,000 to every primary school on the island by the
Green family, owners of the Hamilton Princess, after they were contacted by the
organisation. Juliana Snelling, founder of SPS, said: “We are all acutely
aware of the urgent need that our public schoolteachers have for
state-of-the-art classroom supplies and resources. We are so grateful for the
generosity of the Green family and we hope that their magnanimous act inspires
others to support our public schools. Bermuda is a small place but that just
means that this initiative and the public’s generosity can make a real impact
and help to enrich our classrooms.” Schools spent the cash from the Greens on
items such as colour printers, write and wipe clocks, mini football nets, art
supplies and comfy floor seats. The group contacted the family of tycoon Peter
Green after they learnt they had given scholarships to Bermudian university
students. Alexander Green, one of Mr Green’s sons, said: “We’re pleased to
be able to help Bermuda’s public schools and support their teachers in their
mission to provide a first-class education for children.” Support Public
Schools has generated $85,000 worth of assistance for primary schools since
June. SPS was founded to enlist the help of members of the public who wanted to
support public schools. Teachers are asked to identify what they need, from
board marker pens to musical instruments to language-learning software. The
specified equipment is bought at discount prices from Hamilton-based retailers
AF Smith and Phoenix Stores. Second-hand supplies, games, puzzles and paper are
also welcomed
The
island is to host a major international conservation conference next year,
according to the Bermuda National Trust. The BNT won a bid for the
International Conference of National Trusts 2019, which is expected to bring 150
representatives of conservation groups around the world. The forum, from March
27 to 30, marks the group’s 18th conference. According to a Trust statement
issued this afternoon, it was last staged in Bermuda 30 years ago. It will
coincide with the fourth Caribbean Conference of National Trusts, allowing
trusts from around the region to discuss issues. Alana Anderson, the president
of the BNT, said the trust was “delighted”. She added: “It’s
particularly meaningful for us as 2019 is the 50th anniversary of the formation
of our Trust. In addition, it’s a boost for Bermuda — not just the fact that
the conference will bring visitors to our island in March, but because it
attests to the fact that we are recognized as an island with a strong history of
conservation and respect for our environment. We look forward to showing our
visitors what Bermuda has to offer and how we have taken care and improved upon
the natural beauty of the island. It will provide a valuable opportunity for us
to learn from our peer organisations around the world.” Bill Zuill, the
BNT’s executive director of the Bermuda, said the conference would focus on
diversity and inclusion, which was “a topic of relevance to national trusts
everywhere”. The conference, titled “Arms Wide Open — Strategies for
Engaging with Diverse Communities”, will be based at the Fairmont Southampton
Resort with sessions to be held off site including at the Dockyard and St
George’s World Heritage Site. So far, delegates to the conference are signed
up from 32 countries — Aruba, Australia, Bermuda, Cameroon, Canada, Cayman
Islands, Curaçao, France, Fiji, Guyana, India, Indonesia, Malawi, Nepal,
Netherlands, Nigeria, Philippines, Russia, St Lucia, Saint Kitts and Nevis,
Sierra Leone, South Korea, Sri Lanka, St Helena, Tanzania, Taiwan, Trinidad and
Tobago, Uganda, Virgin Islands, United Kingdom, United States and Zimbabwe.
Bermuda residents who wish to take part can either sign up for a full
delegates’ pass which includes evening entertainment for $800, or they can
sign up for a Bermuda delegates’ pass, which entitles them to attend all
daytime events, for $500. Residents can register for the conference at
into-icnt.org/. Speakers so far include:
The
winners of the 2018 Dr Stanley Ratteray Memorial Christmas Short Story Contest
were presented with their prizes at the offices of The Royal Gazette this week.
The Adult category was won by Richard Voaden for his tale of A Gust from the
Past. Runner-up was Alexander Winfield, with Cullen O’Hara third. In the
18 and under category, Brianna Mawer’s Message In a Bottle nabbed the
top prize. Sierra Brangman was second and Kristy Sanchez third. And in the
heavily populated 13 and under category, Asher Mello came out on top with A
Pink Sand Christmas. Second was Ava Gibson and third was Roxy
Crockwell-Laurent. The short stories, including honourable mentions from each
category, will appear in The Royal Gazette on Friday as part of the
Christmas Greetings supplement.
A
rest home has been ordered to tighten its procedures after an elderly resident
was found lying at the side of a busy road. The woman was returned to the
home, where staff were not aware that she had gone missing. Now the
Government’s Ageing and Disability Services, which regulates the sector, has
ordered the St Moritz Seniors Residential Home in Southampton to boost security,
carry out staff training and make other changes in the wake of the
“high-risk” incident. The incident came to light after Krista Tatem, a
dementia care specialist, stopped to help the elderly lady, who suffers from
Alzheimer’s disease, as she lay on the sidewalk on South Road in Southampton.
Ms Tatem said she returned the woman to the nearby privately run home. She
added: “I went up there and there was no one around. I went in and asked if
they were missing anyone. The woman said ‘no’ and then she saw my car and
she could see her through the window.” Ms Tatem said she was shocked at the
treatment of the elderly woman by Elizabeth Perret, the operator and
administrator of the home, after she took her back to St Moritz. She added:
“The staff member had her arm hooked under the lady’s arm but the way she
was holding her hand had her wrist twisted under. I was saying should we just
slow down but she dragged her in. The lady was saying that the staff member was
hurting her hand. I told her I was a dementia care specialist but Ms Perret
talked over me saying ‘I know how to handle my residents’ and just dragged
her off.” Ms Tatem added: “I said to the staff member, ‘That woman does
not need to be dragged down the hall kicking and screaming. We had a heated
exchange. I said I was going to report her and I left.” Ms Tatem posted an
account of the incident on Facebook and was later contacted by officials from
ADS. She spotted the elderly woman, who was surrounded by a group of people, on
Thursday afternoon as she drove past the junction of South Road and St Anne’s
Road. Ms Tatem stopped to help and decided to try nearby care homes in case the
woman had wandered off. She said: “She was covered in debris — she must have
tumbled. I rolled down the window and asked the people there if she was OK. Then
I asked her what her name was and she couldn’t tell me — she was babbling.
She could have been hit by a car — she may not have the spatial awareness or
to be able to identify that it was a road she was on, she might not have
realised how close she was to the cars. It was very dangerous.” Ms Tatem said
she was contacted by ADS to thank her for helping the elderly woman. She was
also told that “corrective and preventive guidelines” had been issued to the
home and that officials would contact her again in the new year. St Moritz was
also told to contact the woman’s family, make sure it complied with minimum
staffing levels and to carry out a risk assessment and make changes to care
plans if needed. A government spokeswoman added that “heightened oversight and
intervention” at the home would continue until all the recommendations had
been implemented. A spokeswoman for the health ministry, which runs ADS, said it
became aware of Ms Tatem’s Facebook post the day after the incident. She
added: “Immediate action was taken to contact the complainant and investigate
the matter.” Ms Perret declined to comment on the incident yesterday.
An
education campaign will be rolled out to help local companies understand their
responsibilities under new “economic substance” laws. Curtis Dickinson,
the Minister of Finance, admitted work was needed to make sure people know what
they must do to abide by the legislation, which will come into effect next year.
MPs passed a revised version of the Economic Substance Act 2018 during a special
sitting of the House of Assembly yesterday. Bermuda was among more than 40
jurisdictions required to approve legislation by the end of this year to address
the European Code of Conduct Group’s concerns about tax avoidance by
multinational companies. Members heard that not only will residents be affected
by the tougher controls on global businesses, but that local companies will also
be subject to the new rules. Mr Dickinson said: “This Bill will impact
Bermuda’s business community and by extension Mr and Mrs Bermuda in several
ways, by imposing an obligation on an entity, domestic or international,
involved in relevant activities as defined in the Bill to maintain economic
substance in Bermuda and in that regard comply with economic substance
requirements set forth in the Bill. Although the substance obligations will
apply as well to local or domestic entities, the obligations will apply only to
the extent that a local entity is one that engages in a relevant activity.”
Economic substance includes physical presence, employees and revenue-generating
activities. The legislation also contains provisions to monitor firms and
enforcement for those who fail to comply, from fines to being struck off the
register of the companies. Businesses deemed to be engaged in “relevant
activity” include those operating in banking, insurance, shipping or as a
distribution and service centre. Leah Scott, the deputy Opposition leader, asked
yesterday: “I know that local companies are now in scope in terms of economic
substance and so ... I would like to know whether or not there are intentions to
educate Mr and Mrs Smith about their shop and what they need to do and how they
need to comply with this legislation.” Mr Dickinson explained: “Local
companies are only covered by this legislation inasmuch as they are engaged in a
relevant activity. We will, inasmuch as folks need help understanding how this
is applicable to them, be able to provide advice through the ministry. We have
some work to do around educating people on the impact to them individually and
so we will have to publish some guidance notes of some sort, whatever’s
appropriate to help people navigate their way through this.” Patricia
Gordon-Pamplin, the One Bermuda Alliance spokeswoman for finance in the House,
asked about the “communication process” for companies not registered by
organisations like the Association of Bermuda Insurers and Reinsurers. She said:
“We can’t assume knowledge if they don’t have direct communication.” Mr
Dickinson replied: “We accept that there needs to be an education component to
the implementation of this legislation. We commit to doing what we need to do to
advise people accordingly.”
MPs
on both sides of the House of Assembly vowed to stand united against the
“bullying” European Union yesterday as they passed new rules - see http://www.royalgazette.com/assets/pdf/RG3964221217.pdf
- designed to get
tough on international business. Curtis Dickinson, the finance minister
claimed the House would back the Bill “holding their noses” as politicians
from the One Bermuda Alliance joined those in the Progressive Labour Party to
express their displeasure at being forced to amend the island’s laws. Mr
Dickinson said: “It is our people’s renowned hospitality to service our
tourists and our people’s intellect and professionalism to service our
international business clients that enables Bermuda as a country to survive.
Some parts of the world are envious of Bermuda’s success and have now openly
attacked the core of our economy, our strongest economic leg, our international
business industry. I speak of the European Union, who are fuelled by, or use the
term egged-on by, non-governmental organisations that believe that if you do not
have an income tax regime, then something must be wrong with you, that if your
tax regime is consumption-based instead of income-based then you must be the
cause of diverting other countries’ tax revenue away from potential use to
assist to feed some developing countries and care for refugees, migrants, war
victims, et cetera. Such NGOs have clearly won this row for they have convinced
policymakers in the European Union to attack all low or no-income tax
jurisdictions, including Bermuda. Mr Dickinson was speaking as he tabled a
revised version of the Economic Substance Act 2018 during a special sitting of
the House of Assembly, held so legislators could beat a year-end deadline for
the introduction of laws to combat companies with only a technical base
offshore. Economic substance means that companies must show a physical presence,
employees and revenue-generating activities. The Bill was tabled after The
Royal Gazette revealed that the European Code of Conduct Group was
understood to have rejected the original version of the Act, tabled on December
7. Changes included the economic substance requirement which referred to
“adequate expenditure incurred in Bermuda”, now changed to specify
“adequate operating expenditure”. Bermuda was one of more than 40
jurisdictions that promised to pass legislation by the end of this year to
address the bloc’s concerns about tax avoidance by multinational companies. Mr
Dickinson said that despite the Organisation for Economic Co-operation and
Development’s view that Bermuda was “largely compliant”, or not harmful,
the EU decided that low or no-income tax jurisdictions would be branded as non-cooperative
unless they submitted to its economic substance requirements. He added that the
OECD planned to replace the EU economic substance regime with its own framework
but that was still a “work in progress”. Mr Dickinson said later: “I
understand that many of us are holding our noses as we say ‘yes’ but Bermuda
has been resilient and we’ve always managed to find a way.” The Bill also
includes provisions to monitor firms and enforcement for those who fail to
comply, from fines to being struck off the register of the companies. Patricia
Gordon-Pamplin, the Opposition’s finance spokeswoman in the House, warned that
some firms might consider relocation. She said: “We have been asked to do
things that other countries, larger than ours with more resources than ours,
don’t have to do.” Ms Gordon-Pamplin said there was a perceived “threat”
posed by Bermuda to the stability of larger countries because of its economic
success. She added: “So they’ve come with a club and with the bullying
attitude to which the minister referred, to say, ‘you will do things our
way’.” But Ms Gordon-Pamplin added: “We will still find a way to outstrip
and excel because that’s what we do.” David Burt, the Premier and the former
finance minister, said some people feared the legislation indicated “the end
of Bermuda”. He added: “I want to make it very clear that I am sure that all
36 members who sit inside of this House will make sure that that is not the
case.” Mr Burt said that the Government would watch to ensure the rules are
applied equally to all affected countries. He added: “Over the next six
months, we must make this regime work, this government will lead that effort and
we expect to have all hands on deck to ensure that we can make a success of
it.” Wayne Furbert, the junior finance minister, said he was “optimistic”
the island could benefit and said it was estimated that about 11,000 of
Bermuda’s 15,000 registered companies would be affected by the legislation. He
added: “Just imagine, if half of those companies were to put boots on the
ground, what impact would it have on our economy? First of all our GDP would
rise significantly."
Concessions for the Bermudiana
Beach Resort have been backed in the House of Assembly. Zane DeSilva,
tourism minister, requested consideration of the Tourism Investment (Bermudiana
Beach Resort) Order 2018 during Friday’s session which has now been delivered
to John Rankin, the Governor. The order is for exemption from customs duty on
furniture, fixtures, operating systems and associated equipment, hotel occupancy
tax and the employers’ share of payroll tax for a period not exceeding ten
years from opening. It also requests full exemption from land tax from year six
and ending on the tenth anniversary of opening while there will also be a
deferral of land holding charges. Mr DeSilva said: “The Tourism Investment
(Bermudiana Beach Resort) Order 2018 was created in accordance with the Tourism
Investment Act 2017 and is for the redevelopment of the Grand Atlantic property
in Warwick as a new, mid-market boutique resort renamed the Bermudiana Beach
Resort.” To qualify for the exemption of land tax, the hotel developer must
confirm to the minister in year six through ten after the hotel’s opening date
that 70 per cent of the hotel’s staff members are Bermudian. A hotel partner
to be announced in the new year will benefit the business with a “worldwide
network of reservations and advertising” according to Lieutenant-Colonel David
Burch, the Minister of Public Works. Colonel Burch said the development would
will go a long way in “assisting in the revitalization of tourism and also the
creation of jobs for Bermudians in this country”. The nine buildings that
contain 78 apartments will be converted into 71 units for sale providing 105
hotel keys. MPs heard a resident manager had been on site for the past three
months and a key part of his remit was that the hotel must be opened with a
Bermudian general manager. Colonel Burch added: “I can also advise that we
will expect an announcement early in the new year, once the show units have been
completed.” He said people who use the South Road will have noticed that seven
of the buildings look like the “House of Many Colours, because they’re
painted in beautiful pastel Bermuda colors”. He told members that bathrooms
and kitchens had been almost entirely stripped so they can be upgraded. Colonel
Burch said: “In the spirit of frugalness, in gutting those appliances,
fittings and fixtures we’ve repurposed them and are using them in not only
other BHC projection but also in the wider context of Government. As an example,
each of those units had a washer and drier in them and they, of course, are
being replaced as well, I can report than two of them, I believe, two of each
were donated to the farm facility in St George’s that needed a replacement
washer and drier at no additional cost to the Bermudian taxpayer. There has been
some donation of similar appliances to the residential treatment centre.” The
House backed the Order the Speaker of the House said the Governor will be
notified. Lawrence Scott, the Government Whip, said the hotel would help to
attract Bermudians back to the island to work. He said: “We are laying down
the foundation that will be able to support thousands of Bermudians coming back
home.”
Interpol
and several other agencies provided information to Bermuda’s authorities about
Arbitrade, a cryptocurrency exchange and coin company, MPs heard yesterday.
David Burt, the Premier, provided a personal explanation to the House of
Assembly to clarify a statement he made earlier. Mr Burt told MPs in response to
a query about Arbitrade during Premier’s Question Time last Friday, he
indicated that “enhanced due diligence” was carried out by accessing the
international Interpol system. The Premier said: “The information systems used
by Bermuda’s Financial Intelligence Agency, to facilitate enhanced due
diligence requests, contain information from multiple sources, not solely
Interpol. Although this is a minor distinction, I felt that it was important to
clarify for the record.” It was revealed this month that Arbitrade was granted
permission from the Government as it acquired Victoria Hall, an office block on
Victoria Street, for its global headquarters. The company earlier said it
intended to back each of its three billion “dignity” tokens with $1 worth of
gold, after the firm stated it had “title” to 390,000 kilograms of gold
bullion. Mr Burt noted yesterday that Arbitrade had attracted much attention in
the House, as well as in various forms of media. He added: “Some of this
commentary has erroneously conflated the Government’s approval of a licence
for this company to purchase property with due diligence done on any digital
asset issued by Arbitrade prior to incorporation in Bermuda, specifically the
dignity token. I wish to make it clear to this honourable House that the
Government of Bermuda has not examined, scrutinized or approved any digital
asset instituted by Arbitrade and to date no application has been received under
the initial coin offering Act for the issuance of a digital asset.” Mr Burt
added that the Bermuda Monetary Authority had not issued a licence for Arbitrade
to conduct a digital asset business. He said: “The approval for a company to
purchase property is wholly unrelated to Bermuda’s digital asset regime and it
would not be correct to state that one will affect the other or to imply that
somehow that approval to purchase property is a sign that other approvals are
imminent.”
The
Bermuda Police Service have been ordered to look through their files for minutes
of meetings held by the Bermuda Police Association after they failed to conduct
an “adequate” search in the wake of a public access to information request. The
Pati requester, whose identity was not revealed, asked the BPS three years ago
for the minutes in the belief that the association, which represents police
officers, was part of the police service and a public authority under the Public
Access to Information Act. The police service denied the request on the grounds
that the police association was not a public authority and the BPS did not have
the authority to release records held by the association. The requester, who
wanted records about the incorporation of a combined allowance into police
officers’ salaries, asked information commissioner Gitanjali Gutierrez for an
independent review. Ms Gutierrez found that the association was not a public
authority, despite being established by statute, because it did not carry out
government functions, was not owned or controlled by the Government and did not
receive funding from the public purse. Her decision
was issued on November 27. Ms Gutierrez said the BPS were justified in not
transferring the request to the Bermuda Police Association. However, she said
the police service failed to conduct a reasonable search of their own records to
see if they held the minutes. Ms Gutierrez said she was “not satisfied that
the rigor and efficiency of the police service’s search for the meeting
minutes was adequate when it was processing the request”. She added that the
police did volunteer to forward the request to the association, with the
applicant’s permission. The information commissioner said the BPS failed to
comply with the Pati Act and ordered them to carry out a reasonable search for
records and issue a new decision by January 8 to the Pati requester. A police
spokesman said the service “maintains its position that the Bermuda Police
Association is not a public authority in accordance with the Public Access to
Information Act and therefore its records are not subject to disclosure under
the Act”. He added: “It appears that the information commissioner supports
this standpoint. However, there are occasions when a record held by the BPA
could become a record of the BPS if, for example, a BPA document was sent to the
Commissioner of Police. The information commissioner was right to have pointed
this out and we are checking the records that we hold to ensure that records
held by the BPA which relate to this request are not also held by the Bermuda
Police Service.”
Bermuda
bid farewell to former Commissioner of Police Frederick “Penny” Bean
yesterday in a well-attended ceremony at the Cathedral of the Most Holy Trinity
in Hamilton. Police commissioner Stephen Corbishley said Mr Bean had a
profound impact on all his fellow officers. Mr Corbishley said Mr Bean not only
made history as being the first Bermudian to rise to the ranks of commissioner;
he also spearheaded initiatives such as the parish constables programme, which
is set to be re-launched next year. He suggested they be labelled “Penny
Constables” in honour of the late police chief. He told the congregation:
“There are no new ideas in policing, just good ones and bad ones. One of the
good ones was Commissioner Bean’s commitment to community policing by the
introduction of the parish constable scheme. Officers who knew their community,
and more importantly their community, knew them. I spoke to Commissioner Bean a
few months ago at length and he gave great support and advice for what the BPS
does now. His leadership is as relevant now as it was then.” Mr Corbishley
added: “In that regard, it may be that we do not see these as ‘police
constables’ or ‘parish constables’. It may be that in celebration of
Commissioner Bean’s contribution to policing and the community of Bermuda that
we think of them as ‘Penny Constables’.” Hundreds of mourners came to the
Cathedral of the Most Holy Trinity to pay tribute to Mr Bean, including Wayne
Caines, the Minister of National Security, John Rankin, the Governor, and MPs
from both parties. Mr Bean’s daughter, Gina Butterfield, said that everyone
liked her father, who many called “Uncle Penny”, even if he would put them
in their place when needed. She said: “I know without a doubt that my daddy
was my protector, my confidant and my adviser. I could go to him with any small
concern, and he would guide me through it. His knowledge and experience — he
was well educated in the school of hard knocks — provided a plethora of
wisdom. I’m confident that he knew right until the end that he was loved.”
She recalled that after he was taken to King Edward VII Memorial Hospital in the
days before his death, he thanked the EMTs, shaking their hands and thanking
them for their service. Ms Butterfield added: “Daddy, you lived a full and
accomplished life. Bermuda’s history books will speak of your professional
accomplishments, of which we are proud, but we will remember your active
involvement in our lives. You wanted the best for us, and from us. We have so
many stories and memories that will live on for ever in our hearts.” Rochelle
Simons, another daughter, said Mr Bean was a “man’s man” who was generous,
but had high expectations for those around him. She said: “He looked after his
family, he was protective of us. He was disciplined. He was by the book. Dad’s
frugal childhood influenced his appreciation of the simplest things. He focused
on providing for his family and ensuring that our basic needs were met. We had
everything we needed and some of the things we wanted, and we had to take care
of everything.” Mr Bean joined the BPS, then the Bermuda Police Force, in 1956
at the age of 19 and worked his way to the top job in 1981, becoming Bermuda’s
first black police commissioner. He was named to the Order of the British Empire
and earned the Colonial Police Long Service Medal and the Queen’s Police Medal
for Distinguished Service. The church also heard he was an active member of
Abercorn Lodge #123, a past president of the Hamilton Lions Club of Bermuda and
a member of the Amenities Committee of the Lorraine Rest Home.
A potentially $1 billion reinsurance company has been unveiled by RenaissanceRe Holdings Ltd and major pension fund manager PGGM, of the Netherlands. The new company is called Vermeer Reinsurance Ltd has approval in principle to be licensed and regulated by the Bermuda Monetary Authority as a Class 3B reinsurer. Vermeer has received an “A” financial strength rating from AM Best. It will provide capacity focused on “risk remote layers” in the US property catastrophe market, and be managed by Renaissance Underwriting Managers, Ltd. PGGM is a Dutch pension fund service provider with €215 billion of assets under management. It has a 13-year track record of investing in insurance and is one of the largest end-investors in the ILS asset class. Vermeer will be initially capitalized with $600 million of equity from PGGM, with up to a further $400 million available to pursue growth opportunities in 2019, for a total of $1 billion of capital. PGGM is the sole investor in Vermeer. Aditya Dutt, president of Renaissance Underwriting Managers, said: “We are proud to partner with a respected global leader in PGGM to create Vermeer. This continues Renaissance Re 20-year track record of creating and managing joint ventures that match well-underwritten portfolios of risk to diverse sources of capital. We continue to be a pioneer in this area and are pleased to bring our excellent service and deep expertise in underwriting, modelling and claims to address the risk challenges of our clients.” Eveline Takken-Somers, senior director, credit and insurance linked investments of PGGM, said: “Since 2014, we have focused on building strategic partnerships with top tier reinsurance companies to improve access to and selection of risk. We seek efficient implementation of our investments as we believe this leads to superior returns. RenaissanceRe is a world leader in both reinsurance and the creation of joint venture vehicles and we look forward to the opportunities Vermeer will provide as PGGM continues to grow its insurance portfolio.”
Students
in public schools will not receive report cards until next year, according to
the Department of Education. A government spokeswoman said: “In response
to feedback from key stakeholder groups inclusive of the Bermuda Union of
Teachers and school principals, the Department of Education advises parents that
we will not disseminate report cards in December 2018. “The next steps in
relation to the reporting of grades and the implementation of standards-based
grading will be communicated to parents in January 2019, after we finalize with
stakeholder groups, the way forward for both of these critical matters. The
Department of Education remains committed to working collaboratively with
principals, schools and the BUT to improve the outcomes of students in the
Bermuda public school system.” The announcement comes after weeks of conflict
between the Government and teachers over issues, including the introduction of
standards-based grading. Diallo Rabain, the Minister of Education, said teachers
had “refused” to enter grades, but the BUT said they had not been properly
trained in the new system.
A
cruise ship’s mooring lines broke during strong winds in Dockyard in the early
hours of yesterday morning. The P&O cruise ship Arcadia broke free at
about 2.53am. According to a caption on a video posted by the Port Bermuda
webcam, “the ship drifted backwards and sideways for a short time before the
ship’s crew brought maneuvering power online.” Port Bermuda webcam is a live
video broadcast produced by PTZtv in association with the National Museum of
Bermuda and the Royal Naval Dockyard.
A
Bill to address “economic substance” concerns was withdrawn at the House of
Assembly this morning. A revised version of the Economic Substance Act 2018
— increased from 11 pages to 19 — was tabled and is now set for debate
today. The legislation is designed to tackle the European Code of Conduct
Group’s concerns about tax avoidance by multinational companies. Bermuda was
one of more than 40 jurisdictions who promised to pass legislation over the
issue by the end of this year to address the group’s concerns about tax
avoidance by multinational companies. But The Royal Gazette reported today that
the original Bill, tabled on December 7, was rejected by the group, which is
made up of tax officials from EU countries and meets behind closed doors. David
Burt, the Premier, told MPs: “Today we are going to pass legislation which
some fear may be the end of Bermuda. Well, I want to make it very clear that all
36 members who sit inside of this House will make sure that that is not the
case.” He told MPs the Government will watch to ensure the rules are applied
to all countries affected by the EU regime. Mr Burt said as long as that is the
case: “There are opportunities for Bermuda to grow.” Under the new draft of
the Act, new companies will be required to comply from January 1, 2019, but
existing companies will be given a six-month transition period. Additional
elements of the revised Bill include amendments to the Investment Funds Act 2006
and the Bermuda Monetary Authority Act 1969. Some language has also been changed
from the first version. For example, the economic substance requirement which
referred to “adequate expenditure incurred in Bermuda” has changed to
specify “adequate operating expenditure”. A new paragraph inserted into the
section on what the court can order when dealing with an entity that has failed
to meet the substance test includes provision for “strike-off”. The Ministry
of Finance has declined to comment on the EU’s believed dissatisfaction with
the legislation. Economic substance includes physical presence, employees and
revenue-generating activities. The Bill also includes provisions to monitor
firms and enforcement for those who failed to comply, from fines to being struck
off the register of the companies. Failure to pass it this year would risk
Bermuda being put on the EU’s list of non-cooperative jurisdictions.
Bermuda’s
first attempt at legislation to address “economic substance” concerns was
given the thumbs-down by European Union officials, The Royal Gazette
understands. Three sources have claimed that the European Code of Conduct
Group said last week it was not satisfied with the Economic Substance Act 2018
tabled in the House of Assembly on December 7. One source, who declined to be
named, told The Royal Gazette: “The Code of Conduct Group met on
December 11 and they flat out rejected Bermuda’s proposals.” Efforts to
confirm the source’s claim were unsuccessful. The group is made up of tax
officials from EU countries and meets behind closed doors. Bermuda was one of
more than 40 jurisdictions who promised to pass legislation by the end of this
year to address the group’s concerns about tax avoidance by multinational
companies. The Royal Gazette asked the Ministry of Finance if it had any
comment on the EU’s believed dissatisfaction with the legislation after an
initial anonymous tip on Thursday. A Ministry of Finance spokesman said at the
time: “This process is ongoing. It is not appropriate to comment at this
time.” The Bill was drawn up after consultation with industry and the EU to
target entities with a lack of economic substance. Economic substance includes
physical presence, employees and revenue-generating activities. The Bill also
included provisions to monitor firms and enforcement for those who failed to
comply, from fines and to being struck off the register of the companies. The
legislation is due to be debated in a special session of the House of Assembly
today. Failure to pass the Bill this year would risk Bermuda being put on the
EU’s list of non-cooperative jurisdictions, something that David Burt, the
Premier, has worked to avoid. Mr Burt said on Friday: “We are determined to
meet our obligations and ensure the success of a thriving international business
sector in Bermuda. We are on course to meet the end-of-year deadline for this
legislation and I am confident that any affected companies will effectively
manage the implementation of this new regime.” Curtis Dickinson, the Minister
of Finance, added: “We have been in constant contact with officials in
Brussels and within the UK Treasury in our endeavors to ensure that our Bill
meets the criteria necessary to keep Bermuda off any list of non-cooperative tax
jurisdictions. Technical officers within the Ministry of Finance and the
Attorney-General’s Chambers have quite literally been working around the clock
to finalize a high-quality Bill which incorporates a broad consultative exercise
with industry partners and the Bermuda Monetary Authority.” It was not clear
whether the version of the Economic Substance Act due to be debated today will
be different from that tabled on December 7, or if the island will be given a
deadline extension into next year to make any amendments needed to satisfy EU
demands. Bermuda’s legislation, which drew heavily from EU guidance in a
scoping paper published by the Code of Conduct Group in June, is similar to that
tabled by other territories that have made the same commitment, such as Jersey
and the Cayman Islands.
Legislation
to address “major gaps” in Bermuda’s mental health system was tabled in
the House of Assembly on Friday. Kim Wilson, the Minister of Health, said
the Mental Health Amendment Bill outlined requirements for determining mental
capacity, including decision-making ability, for the first time. She said:
“The rationale for this amendment is that a patient cannot consent to or
refuse treatment unless they have the mental capacity to do so and this is
currently not present in law. The mental capacity framework will establish
principles and criteria to determine if a person is able to make a decision and
if they are deemed unable, to ensure the decision is made in their best
interests.” Ms Wilson added that the Mental Health Act does not at present
have legal safeguards for patients who refused treatment or could not consent to
treatment. She said the law change was designed to cover patients under mental
health orders, whether in hospital or allowed to live at home. Ms Wilson added:
“The Bill establishes safeguards for patients regarding consent to treatment,
which will apply to all detained patients whether in hospital for treatment or
living in the community under a community treatment order, which is the final
change introduced by the Bill.” Ms Wilson explained that the Bill included
provisions that covered treatment of patients granted leave from the hospital.
She said: “This enables conditions to be set for patients to live in the
community — such as continuation of medication — while also improving legal
safeguards to protect the rights of the patient. Overall, the goal is to bring
Bermuda’s mental health legislation in line with contemporary methods of care
while balancing the need to protect the rights of the individual patients and
the need to ensure public safety. While more work will be needed on the broader
mental health legislation and services, in this phase we have focused on
addressing major gaps that exist.”
A
new winter public bus schedule will cost less to run than the old timetable, a
government representative has claimed. But the spokesman for the Ministry of
Transport was unable to confirm how much would be saved. He said: “I don’t
have this figure. It will take some time to quantify.” The spokesman was
speaking after questions from The Royal Gazette about the new schedule,
which is expected to come into force on January 7. A list of 13 highlights of
the new timetable was revealed at a press conference last Thursday. Roger Todd,
the director of the Department of Public Transportation, said that the full
schedule would be published “in the coming weeks”. The ministry spokesman
said that full details would be released “before the new year”. He said:
“The data is currently in its raw form and will be aesthetically modified for
public consumption.” Mr Todd said last week that the new schedule would be
implemented “for an initial period of one year”. He added: “Performance of
the new schedule will be assessed and adjustments made as required.” But Leah
Scott, the shadow transport minister, questioned why the schedule would have
such a short run. She said: “If there is a schedule that has been voted upon
and agreed by the members, then why is the new schedule only being implemented
for an initial period of one year?” Chris Furbert, the president of the
Bermuda Industrial Union, said agreement on the schedule was a “great day”.
He added: “It’s taken 17 years for us to devise the new bus schedule.” But
Ms Scott said: “The truth is we could have had a great day in either 2014,
2015 or 2016, as that was when the last round of discussions occurred and a new
bus schedule was agreed between the Department of Public Transportation
management and the BIU leadership.” Ms Scott added: “However, the schedule
was rejected at a vote. Hopefully, now that there is an agreed schedule, we can
have better service delivery.” Ms Scott also asked what research had been done
to establish the demands of public transport users. “It is hard to determine
whether the schedule has been amended to accommodate Mr and Mrs Bermuda and
other bus riders or it is made to accommodate the Department of Public
Transportation. Good public transport should be efficient and reliable in
getting residents and tourists where they wanted to go. Unfortunately, not all
of those who make decisions about public transportation actually do use public
transportation.” David Burt, the Premier, said that the cost of consultants’
advice to draft Bermuda’s new public bus schedule totaled $25,156 over the
past two years. Mr Burt told MPs in the House of Assembly last Friday that the
payments had been made to Canadian firm Schedule Masters. He said the changes to
the schedule were “just step one in providing a more reliable and responsive
service”. The figure was announced at the Premier’s question time after
questions from Christopher Famous, a government backbencher.
International
legal firms who set up in Bermuda will need Bermudian lawyers to tackle cases
that involve island law under conditions proposed by the Government. Curtis
Dickinson, the Minister of Finance, told the House of Assembly on Friday that
the Government would continue efforts to “liberalise” Bermuda’s legal
sector for overseas firms. But he said the new rules would include measures to
protect jobs for home-grown lawyers. Mr Dickinson explained that the Government
believed that international law firms in Bermuda would “generally benefit”
the economy and employment prospects for Bermudians. He said the Government had
completed a consultation process and the proposal was supported by the Bermuda
Business Development Agency. However, several Bermudian law firms and lawyers
had raised objections. Mr Dickinson said: “The grounds of objections were that
international law firms would be damaging to existing law firms and that they
may simply open a ‘front’ in Bermuda by engaging the services of a
figurehead Bermudian.” But Mr Dickinson said the proposals would mean any
legal matters that involved Bermuda law and originated in Bermuda must be
undertaken in Bermuda and could not be referred to lawyers and paralegals in
another jurisdiction to be “rubber stamped” in Bermuda. International law
firms would also be required to employ Bermudians “at all levels” and
provide scholarships to Bermudian law students. Mr Dickinson added that law
firms would also need to create a five-year plan to show they intended to
increase revenue from offshore work, as well as a “diversity and inclusion
plan” for management positions that reflected Bermuda’s cultural
composition. He said: “The Government is confident that this policy to relax
the law firm market and open it up to international firms, along with the above
mentioned licence conditions, strikes the correct balance between stimulating
additional investment in Bermuda and providing opportunities for Bermudian
lawyers and preserving the interests of Bermudians.”
An
attempt to drum up 100 jobs hit just over 60 per cent of its target, the House
of Assembly heard last Friday. Wayne Caines, the national security minister,
said that a jobs fair this year resulted in 61 confirmed hires. The jobs ranged
from kitchen porters and cashiers to masons and rental agents. Mr Caines added
that 21 of the jobs continued to be filled by people from March’s 100 Jobs
Initiative at the end of November. But he said the low number was accounted for
by difficulty in getting updates from employers. Mr Caines told MPs: “For this
reason, the department has cautioned that it would be reckless and hasty to
conclude significant job loss based on the information available to date.” He
was speaking in response to parliamentary questions from backbencher Michael
Dunkley. The jobs fair in Hamilton attracted 283 employers, with 32 people given
jobs on the spot and a further 29 posts later confirmed by the Department of
Workforce Development. Mr Caines said more jobs “road shows” were planned
for St George’s and Warwick to attract job candidates “who would not
ordinarily come into the department to register”.
Without
effective regulation of medical-services providers and moves to cover the
sizeable minority who have no health insurance, healthcare costs are likely to
keep spiraling. That is the view of executives at BF&M Ltd, a major health
insurer on the island. They said the failure to address the drivers of high
costs, combined with the ageing population and a shrinking working-age
population paying into the system amounted to a “ticking time bomb”. John
Wight, the insurer’s chief executive officer, and Michelle Jackson, senior
vice-president, group lines, health and life, said in an interview the Bermuda
Government’s proposals to reform healthcare financing was “the wrong
starting point” for the changes needed. Government’s plans to increase
cross-subsidization of costs from the healthy to the sick amounted to
effectively shifting costs around, they said. Mr Wight said that change was
needed “to address the high cost of healthcare, rather than who pays for
healthcare”. He urged employers to be more outspoken about the financing
reform plan. “We need to have more employers weigh in on what this initiative
means to them,” Mr Wight said. “They are going to be the ones bearing the
cost of it. There is a better direction for Bermuda to take and that’s to
address the drivers of increasing healthcare costs.” Ms Jackson said one such
driver was the growing number of uninsured people. “More than 8 per cent of
the population is not employed and without healthcare coverage,” Ms Jackson
said. “They are not getting regular medical treatment and some are turning up
at the emergency room with long-term care issues.” The use of the hospital as
a primary source of care by the uninsured was hugely expensive for the system as
a whole, she added, and drove up premiums. "We have to address the
situation that more and more people are finding themselves in,” Ms Jackson
said. “Many people are hurting and something has to change.” More long-term
care solutions were badly needed, particularly with Bermuda’s demographic
pressures, she added. Government population projections estimate that 10.8 per
cent of the population will be over 75 by 2026, when one in four will be over
65. Meanwhile, Ms Jackson said the island had lost about 6,500 people since
2010, many of them healthy, working people aged between 25 and 55, who were
paying more into the system than they were taking out, thus helping to subsidies
older people who used more health services. “We have not got the long-term
care services we need,” Ms Jackson said. “We have not planned for the number
of people who will need these services.” Mr Wight said it had been 48 years
since the healthcare system had seen serious reform with the Bermuda Hospitals
Board Act 1970 and the Health Insurance Act of the same year. The system was
overdue for change, he said. “We insurers are regulated and the
medical-services providers should be regulated as well,” Mr Wight said.
“Without regulation, it’s difficult to see how we are going to be able to
contain costs.” The Fiscal Responsibility Panel report, released this month,
backs up Mr Wight’s view. It states: “The private medical care sector in
Bermuda is largely unregulated, raising concerns about both the cost and quality
of the care provided, of diagnostic testing and of pharmaceutical products.
Further efforts are needed to strengthen the regulation of private sector
providers (including their use of health technology) as a means to reduce
duplication that adversely impacts healthcare costs and exposes patients to
unnecessary risk.” The economic experts who penned the report said “an
appropriate regulatory infrastructure with enforcement resources remains a
necessary element of any strategy for cost containment in Bermuda’s healthcare
sector”. The report also warns: “The island’s costly healthcare system
risks overwhelming the budget and the whole economy as the population becomes
increasingly elderly and frailer, with more and more requiring long-term
care.” The panel goes on to recommend:
The report added that the Ministry of Health’s recent adjustment of the Bermuda Hospitals Board fees for different services based on an international standard was “an important first step in the direction of cost control”. Chronic diseases, often a result of lifestyle choices, are a huge drain on the system. On the plus side, Mr Wight said that many of his company’s clients had introduced wellness programmes and were seeing premiums and sick days fall as a result. Ms Jackson added that awareness was growing. “It’s not terribly complicated, what we need to do, and there’s some really good work being done by different organisations to get the word out,” she said. The government consultation on health financing reform, which included representatives of insurers, the medical profession, employers and unions, found support for deeper reforms. According to brief minutes of a stakeholder consultation group meeting on October 17, published on the government website, those present noted that “quality, outcomes and costs to consumers were not directly addressed in a change in financing structure”. At another meeting on October 31, there was support for means-tested subsidy reform, expansion to a prevention-based system shifting away from fee-for-service, a focus on providing universal coverage and provisions for chronic disease management. The minutes continued: “There is definitely an urgency for change but also a desire that that changes are completed strategically and in the most effective order.” Healthcare cost inflation in Bermuda is estimated at around 6.5 per cent annually, roughly five percentage points higher than overall inflation, as measured by the Consumer Price Index. "So what will health insurance premiums look like in five years’ time if there is no reform of the system? We’ve had some actuarial studies done and all I can say is that it doesn’t look pretty,” Ms Jackson said.
Russian
airlines could be forced to re-register their aircraft in their homeland, which
would cut the Bermuda registry by 75 per cent.
Thomas Dunstan, director-general at the Bermuda Civil Aviation Authority, said the majority of the aircraft on Bermuda’s registry were based in Russia. He warned that if the Russian Government did decide to insist the country’s aircraft are registered in the country, it would cause a major loss of revenue for Bermuda. But Mr Dunstan said the BCAA had a plan to diversify the register in the event that Russia does follow through on the threat. Mr Dunstan said: “This gets raised by the Russian Government quite regularly — at least once a year. The reality is that moving this number of aircraft from the Bermuda registry would be a multiyear process requiring a lengthy transition period.” A spokeswoman said the BCAA was working to expand the Bermuda registry to aircraft in jurisdictions that are signatories to the ICAO Convention on Civil Aviation such as Azerbaijan, Tajikistan and Saudi Arabia. She said: “We are also making a concerted effort to expand our private aircraft registry in the Asia region.” Russian airlines have normally registered Western-built aircraft in countries such as Bermuda and Ireland, partly to avoid import tax. As of October 31, there were 736 Bermuda registered aircraft operating for Russia airlines, all of which were built outside Russia. According to Government, the total annual revenue of the BCAA is about $30 million. Aleksander Yurchik, the Russian Deputy Minister of Transport, said at the Wings of the Future conference in Moscow last month that the decision to require the re-registration of planes in Russia had already been made. He said: “We are very capable to maintain airworthiness in this country. I expect that at the end of the transitional period a lot of non-Russian carriers will want to register their aircraft here.”
Bermuda-domiciled high-end
hotel operator Belmond Ltd is to be bought out by French luxury giant LVMH in a
deal worth $2.6 billion. Belmond’s shares surged by nearly 40 per cent in
New York Stock Exchange trading on Friday after the news was announced to a
close to the LVMH’s $25-a-share offer price. Belmond is the owner of New
York’s “21” Club and high-end resorts around the world. The transaction is
LVMH’s largest since taking full control of Christian Dior for more than $7
billion last year and pushes the company further into services amid rising
concern about the sustainability of the Chinese demand that’s driven fashion
industry growth. The acquisition is one of LVMH founder Bernard Arnault’s
biggest, rivaling the purchases of Bulgari and Loro Piana. It comes as consumers
shift spending towards trips, health clubs, restaurants and entertainment and
interest in shopping malls dwindles. Belmond, which used to be known as
Orient-Express Hotels, owns or has stakes in more than 30 high-end hotels around
the world, from St Petersburg to Anguilla in the Caribbean. In addition to the
‘21’ Club power restaurant in Manhattan, its stable of luxury properties
includes a cruise line in France, a London-to-Venice train line and safari camps
in Botswana. The deal will expand the French company’s high-end hospitality
offerings. LVMH formed a hotel management group in 2010 to oversee its
operations in the sector, which include properties under the Cheval Blanc name
in locations like the Courchevel ski resort in the French Alps. LVMH’s Bulgari
jewellery brand has six hotels, including one in Shanghai that opened in July.
It plans to open hotels in Moscow, Paris and Tokyo in the next four years. Aside
from the deal for the rest of Christian Dior, which LVMH already controlled, the
French conglomerate had been relatively quiet on the mergers-and-acquisitions
front since buying German suitcase maker Rimowa in 2016. The agreement ends a
four-month sale process as Belmond has sought to take advantage of a strong
hospitality market. The company said in August it hired Goldman Sachs Group and
JPMorgan Chase & Co for a strategic review. Analysts speculated a sale could
involve breaking up the company’s assets, since its properties could be of
value as trophies for ultra-wealthy investors including sultans and oligarchs.
LVMH is a surprise winner for Belmond. Among those weighing an offer for all or
part of the company were KSL Capital Partners, Blackstone Group, KKR & Co
and Ashkenazy Acquisition, people familiar with the matter told Bloomberg in
October.
Bar
owners whose takings have dropped after a crackdown on drink-driving have asked
the Government to improve late-night transport for the busy Christmas party
season. The hospitality business said a shortage of taxis and late-night
buses, combined with the police crackdown, meant many people had stopped going
out in case they were stranded. Chris Garland, the chairman of the Restaurant
Division of the Chamber of Commerce, said he had heard reports from several
businesses who complained they had seen a decline in custom since checkpoints
came into force earlier this year. He added that with Christmas approaching, bar
operators and restaurateurs were worried that they could lose revenue at one of
the busiest times of the year. Mr Garland, the managing director of Flanagan’s
Irish Pub and Outback Sports Bar in Hamilton, said: “We don’t think the
checkpoints are the issue. We all support the checkpoints. But it's very
challenging for customers to get transportation home at nights.” The Bermuda
Road Safety Council launched a scheme to give free soft drinks to designated
drivers this month to encourage people to continue to socialize without drink
driving. Mr Garland said that was “a good way to start”. But he added that
the Government must solve the late-night transportation system to cut the risk
of drink-driving. He added: “Where are our taxi drivers? Why aren’t we
giving more young people the opportunity to make extra money by driving a
well-regulated service?” Phillip Barnett, director of the Island Restaurant
Group, which includes Hamilton’s Pickled Onion, Hog Penny and Barracuda Grill,
admitted: “Most restaurants are worried. We are already being impacted with a
decline in customers. It is already frustrating. It has affected us. It’s
particularly noticeable in late night venues.” Mr Barnett, whose group also
owns the Frog & Onion in Dockyard, added that it was “incredibly
difficult” for customers to get taxis from the area. He said: “Customers
have to wait for hours. Managers have had to physically drive guests back to
their hotels.” Mr Barnett said he heard that one hotel told guests not to go
to Dockyard because they would have problems getting public transport back. He
suggested people could use private vehicles to create an Uber-type service. Rick
Olson, the owner of Bermuda Bistro at the Beach in Hamilton, said his business
had been affected by the checkpoints, but that the strategy to cut drink-driving
was “long overdue”. Mr Olson said an “expanded and improved public
transportation or Uber” could help combat drink-driving. Gladwin Phillips, of
Casey’s on Queen Street in Hamilton, said the business has not been affected
by the breath test checkpoints because it attracted a local crowd. David Frost,
president of the Bermuda Taxi Owners Association, said taxi drivers were
“doing the best they can at nights” to help the public get home and that
drivers were out until 3am every day. Mr Frost added that drivers had problems
parking at night on Front Street because private cars clogged up the spaces
designated for cabs. He said people should get direct phone numbers for taxi
operators and call them when they want to be picked up. Mr Frost said: “I know
that taxis are out there at nights.” He added that taxi drivers could face
abuse from drunk passengers and that some even refused to pay. Mr Frost said
bartenders should avoid serving people who have had enough to drink to help cut
down the risk of late-night problems for taxi drivers. A spokeswoman for the
Ministry of Tourism and Transport said the designated drivers campaign was
launched after complaints from bars and restaurants about the downturn in trade.
She added that the ministry worked to ensure late night transport was available,
but that it was the responsibility of individuals to get home safe without
drinking and driving. The spokeswoman said: “Having a designated driver
reduces the public’s reliance on taxis and buses and is normal practice
elsewhere in the world.” She added that the demand for a night bus service was
not high enough for schedules to be changed to accommodate people who might be
out late. The spokeswoman said that the Road Safety Council was not at present
in discussions with taxi drivers over the provision of late-night services.
Two
roads will be closed for more than a year while the North Power Plant is
constructed at Belco. Tribe Road #2, between St John’s Road and Cemetery
Road; and Cemetery Road, between Cemetery Lane and the bridge to Gorham’s
Limited, will shut until January 2020. Motorists and pedestrians are advised to
use alternative routes via John’s Road and Cemetery Lane. There will be no
access granted for the public. For more information, e-mail communicationdepartment@belco.bm.
The
biggest-ever blitz of roadside breath tests will start on Friday. A total of
six parishes will see police checkpoints set up over the weekend. Checkpoints
will be in force in Hamilton Parish, Devonshire, Pembroke, Paget, Warwick and
Southampton from December 21 to December 23.
A
man has been arrested on suspicion of drink driving after his motorcycle was in
collision with a mother and her baby. The 19-year-old woman and her 17-month
baby boy were knocked to the ground after they got out of a community service
van and were hit by the bike as the rider tried to cut between the vehicle and
the kerb. Police said the young mother shielded her son with her own body to
protect him from the impact of the fall. A police spokesman explained the bike
hit the sliding door of the van, then the woman and child. The bike then hit a
wall and the rider was thrown off. The incident happened on Parsons Road,
Pembroke, about 10.20pm on Friday. All three were taken to the King Edward VII
Memorial Hospital after the collision, where it was found the baby was
uninjured, but his mother had suffered a knee injury. The rider, a 24-year-old
man from Pembroke, was treated for minor injuries to his wrist and shoulder and
later arrested. Police said inquiries into the incident continued and appealed
for witnesses.
The
victim in a bicycle crash that left the rider with a serious eye injury was a
63-year-old man, police said today. The Warwick man, who has not been named,
was hurt after his bike crashed into a wall on Saturday night. The accident
happened as the man cycled along Warwick’s Dunscombe Road at about 6.40pm.
Members of the public helped the man before an ambulance arrived to treat the
man and take him to the King Edward VII Memorial Hospital. The man was also
treated for other minor injuries suffered in the crash. Traffic diversions were
set up as police examined the scene. Police said enquires into the incident
continued and appealed for witnesses.
The
Auditor-General said today there were two reasons why her audit opinion to the
Government for its 2017-18 accounts was qualified. Heather Thomas explained
there was insufficient evidence for $10.3 million of capital development and a
“critical” validation in payroll tax returns was not completed. She said:
“Purchases of a capital nature initially recorded as capital development
expenditures are adjusted later to tangible capital assets once analyzed by
management at year-end. Management did not complete this analysis of capital
development expenditures.” Ms Thomas was speaking after Curtis Dickinson, the
finance minister, tabled the financial report for the Consolidated Fund for the
last fiscal year in the House of Assembly yesterday. She added: “The second
reason for my qualification was because at year-end management did not complete
a payroll tax returns validation process, which is critical in identifying
errors and ensuring the reasonableness of payroll tax, accounts receivable and
revenue. I was unable to determine whether adjustments might be necessary to
revenues and related accounts receivable, total financial assets, annual
deficit, accumulated deficit and net debt.” But she confirmed that, apart from
the two criticisms, the financial statements were a fair representation of the
Consolidated Fund at the end of the financial year in March. Mr Dickinson told
the House of Assembly on Friday he had decided it was “prudent” to accept a
qualified report rather than submit the full accounts for audit late, which
would have led to penalties under the reporting covenant for the Government’s
private placement agreements with its creditors. A qualified audit means that
the Auditor-General was not satisfied the Government’s financial statements
reflected its actual financial position. The Consolidated Fund is the
Government’s general operating fund for most transactions. Mr Dickinson told
the House of Assembly the capital expenditures qualification was linked to
amounts reported for “assets under construction”. The Auditor-General also
reported the net debt for Bermuda’s Consolidated Fund rose to $3.8 billion by
the end of the 2017-18 financial year, an increase of $63 million on the year
before. Ms Thomas’s report on the Independent Auditor’s Report on the
Consolidated Fund financial statements included a section titled “Other
Matters”, used to “report significant matters that in her professional
opinion should be brought to the attention of the Parliament and to the
public”. The first was the Consolidated Fund’s increasing net debt, which
the Auditor-General said was in general understood to be the difference between
a Government’s liabilities and financial assets. The statement added: “This
difference bears directly on the government’s future revenue requirements and
on its ability to finance its activities and meet its liabilities and
contractual obligations.” She also pointed out that the year-end financial
statements of the Consolidated Fund had “limited” use. Ms Thomas said:
“The financial statements cover only the financial results and position of
Government ministries and departments, the House of Assembly, the Senate and the
courts. They do not include the financial results or the financial position of
other Government-controlled organisations, such as the Bermuda Hospitals Board,
the Bermuda Housing Corporation, and the Bermuda Land Development Company
Limited, through which significant financial activities of the Government
occur.”
The
Auditor-General issued a qualified audit opinion to the Government for 2017-18
after she ruled there was insufficient evidence for $10.3 million of capital
development expenditure. Heather Thomas’s decision was revealed as Curtis
Dickinson, the finance minister, tabled the financial report for the
Consolidated Fund for the last fiscal year in the House of Assembly. Mr
Dickinson told MPs he had decided it was “prudent” to accept a qualified
report rather than submit the full accounts for audit late, which would have led
to penalties under the reporting covenant in the Government’s private
placement agreements with its creditors. Mr Dickinson said the reporting
schedule had also been delayed by employers’ errors in payroll tax
submissions, which had to be manually validated by the Tax Commissioner’s
office. He added he was “disappointed”, but the penalty for late reporting
in the financial year ended in 2016 had been $640,000 and $410,000 for 2015. Mr
Dickinson said he could not guarantee there would be no delays in the future.
But he added: “We’re doing the best we can to make sure that we do not get
another qualified opinion.” A qualified audit means that the Auditor-General
is not satisfied the Government’s financial statements reflected its actual
financial position. The Consolidated Fund represents the Government’s general
operating fund for most transactions. Mr Dickinson said the capital expenditures
qualification was linked to amounts reported for “assets under
construction”. Lieutenant-Colonel David Burch, the Minister of Public Works,
told MPs the $10.3 million that could not be verified mostly involved road
works. He added that details of the unaccounted-for expenditure had been
submitted late, but they were with the Auditor-General.
The
Premier said yesterday that the Government paid $14,000 for legal advice before
it decided to take its battle to ban same-sex marriage to the Privy Council in
London. David Burt told the House of Assembly the Government had spent £11,250
— about $14,140 — on legal advice so far in connection with its appeal to
the island’s highest court of appeal. He added that the Bermuda Court of
Appeal case last month cost £41,750, about $52,000. The on-island costs,
however, were about $9,000 lower than those given by the Ministry of Home
Affairs about two weeks ago. A spokeswoman for Mr Burt explained later that the
Premier’s figure did not include the cost for travel for the London-based
barrister retained to argue the Government’s case. The home affairs ministry
said earlier that the cost to hire James Guthrie QC, for the Court of Appeal
case, fly him to Bermuda and house him in the island totaled $61,188. That
amount did not include the effects of a costs order — which required
Government to pay for both sides of the legal battle — or any other legal
expenses that may have been run up. Walter Roban, the Minister of Home Affairs,
said yesterday that the case was important to Bermuda’s people and that the
Government wanted to go to the highest court of appeal to “get it right”.
However, Rod Ferguson, one of the parties in the landmark case, said stringing
out the legal battle would hurt Bermuda. He said: “The Government’s efforts
to repeal same-sex marriage have come at quite a cost, not only monetarily, but
also in terms of the impact on Bermuda’s LGBT community, and our island’s
reputation overseas. The courts have not found merit in the Government’s legal
defence thus far and are highly unlikely to do so upon appeal.” OutBermuda, a
gay rights charity, also said it was disappointed by the Privy Council move.
Zakiya Johnson Lord, director of OutBermuda, said: “Our courts have
consistently reaffirmed the equal right of same-sex couples to marry. To fan the
flames of discrimination is irresponsible and costly, on all levels. We want to
come together. Marriage equality has come to our shores. Let’s put this in the
‘done’ column and keep moving forward together as a people.” The
announcement put the island back in the international media spotlight. NBC News
in America, the Jamaica Gleaner and other media organisations all
reported the story. However, a spokesman for Preserve Marriage, a campaign that
fought to keep a ban on same-sex marriage, welcomed the decision to go to the
Privy Council. Melvyn Bassett, the group’s chairman, said: “We are pleased
that the Government is doing its best to represent the views of the obvious
thousands of Bermudians, as well as those shared by Preserve Marriage and Family
Bermuda.”
The
Government was accused of failing to carry out a proper consultation yesterday
after a House of Assembly debate on a controversial Bill opposed by children’s
rights campaigners was postponed. Craig Cannonier, the Opposition leader,
said he was “extremely concerned” by the decision. He added it showed an
“alarming” lack of discussion with relevant organisations. The Children
Amendment Act 2018 was expected to be discussed by MPs, but One Bermuda Alliance
members were told minutes before the start of the session that the debate would
not be held. However, Mr Cannonier said he was pleased the tabled version of the
Bill was held over because he believed not all relevant groups had been fully
consulted. Children’s rights campaigners had raised fears that the legislation
would erode the right of vulnerable youngsters to independent legal
representation in court. The Bill amended the wording of section 35 of the
Children Act and replaced the word “shall” with the word “may” in
relation to the requirement for the court to consider the appointment of an
independent advocate, a litigation guardian, in cases that involve children. Mr
Cannonier said: “I’m actually glad that we didn’t debate it because there
are major issues, one of those main concerns is consultation. You can’t have a
large organisation like the Human Rights Commission saying they weren’t
weighed in on this piece of legislation. This is a government that continues to
talk about transparency and consultancy yet the relevant organisations haven’t
been consulted. That’s majorly concerning.” The OBA leader said it was
unacceptable that he and his team were told “five minutes before the House
opened” that the Bill would not be debated. Mr Cannonier added: “That would
suggest that there’s more work to be done.” Mr Cannonier said: “It speaks
volumes to the fact that consultation has not been comprehensive. Come the day
for the Bill to be debated, it’s put off, so the only factors that I can see
in the mix is that consultation had not taken place like it should have and that
Government now has no other choice but to put it off while they get it right.
The Sex Offenders Bill is also another example of poor legislation as it fails
to take account of the vast majority of recommendations made by the
Parliamentary Joint Select Committee formed to investigate this issue. These are
just two examples of the way this government rushes to tick boxes so it can
boast of ‘taking care of the people’s business’ but the fact of the matter
is that they are tabling poorly thought out legislation that is not based on
consultation with the people they represent and which, to their huge
embarrassment, they have to delay.” Katie Richards, a family law expert, said
earlier that the proposed amendments would “undoubtedly erode the legal rights
of children”. The Human Rights Commission was among groups that brought a
lawsuit against the Government over the obligations of courts in respect to
litigation guardians last year. Tawana Tannock, chairwoman of the HRC, said
earlier that the organisation was not consulted or given notice that the latest
Bill had been drafted and was to be tabled. Sheelagh Cooper, a child welfare
campaigner, said last night: “We could only hope that this may mean that
there’s a rethink about the change in wording. Having looked closely at the
original legislation it does occur to me that it wasn’t all that necessary to
change the word from ‘shall’ to ‘may’.” She said there was already
provision in the Act for the court to decide whether or not a litigation
guardian was required. Ms Cooper added the amendment appeared to cover problems
over payment for litigation guardians. She said: “For that I am grateful,
certainly I would support that and I do believe that there’s an intention
there to do the right thing.” Kathy Lynn Simmons, the Attorney-General and
Minister of Legal Affairs, said the Government was still committed to a debate
on the Bill next year. She added that the legislation would “fulfil the
current Government’s pledge to enhance protection of children. This includes
providing an improved framework to enhance existing protocols with regard to the
appointment, function and payments of litigation guardians. All existing
ambiguities and inconsistencies in the law on this issue will be reconciled with
passage of the Bill. Consultation with the judiciary to further their key role
in the process has been undertaken. The judiciary will continue to be empowered
to appoint litigation guardians under their existing powers. Additional
provisions will ensure that litigation guardians are vetted and are suitable to
safeguard the interests of the children they serve.”
The
departure of a health watchdog’s chief executive should raise red flags, the
shadow health minister said yesterday. Patricia Gordon-Pamplin said that the
“removal” of Tawanna Wedderburn from the Bermuda Health Council was done
“with no proper explanation”. Ms Gordon-Pamplin told the House of Assembly:
“We have had only the vaguest of statements as to why she has left her post,
which is extremely unsatisfactory.” She asked Kim Wilson, the Minister of
Health, to provide a “fulsome public explanation”. Ms Gordon-Pamplin said:
“Mr and Mrs Bermuda deserve to know why someone in such a key position has
suddenly left her post.” It was announced earlier this month that Ms
Wedderburn had left the BHeC. The council confirmed “the separation of
employment” between Ms Wedderburn and the organisation on December 7. The BHeC
thanked Ms Wedderburn for her service and wished her “every success in her
future endeavors” but gave no reason for her departure. It added that it would
“soon” announce the appointment of an acting chief executive and declined to
comment further. A government spokeswoman said yesterday the health ministry was
grateful to Ms Wedderburn for her “passionate commitment to help patients and
the public” while at the BHeC. She added: “However, it would be wholly
inappropriate for the ministry to comment publicly on matters pertaining to any
individual’s employment.” Ms Gordon-Pamplin added that the Government had to
“get to grips” with increases in healthcare costs, including “the overutilisation
of some services, as well as issues like obesity and diabetes”. She warned:
“In failing to do that, the Minister of Health is just passing the buck down
to future generations.” Ms Gordon-Pamplin said that Ms Wedderburn had been
“acutely aware of the need to control the costs of services in order to help
keep the cost of insurance down”. She added that healthcare costs in Bermuda
were predicted to hit $1 billion in five years. Ms Gordon-Pamplin added: “For
a population of a little over 60,000, that is just unsustainable.” Ewart
Brown, a former premier, blamed the BHeC and its fee cuts for the closure of his
CT scanner unit at his Brown-Darrell Clinic in Smith’s. Dr Brown accused the
council last January of a political “vendetta” against him and singled out
several members, including Ms Wedderburn. The decision, taken under the previous
One Bermuda Alliance Government, was later moderated by its successor, the
Progressive Labour Party administration. The Bermuda Hospitals Board and private
services such as Dr Brown’s were hit by the fee cuts, which later resulted in
payouts from the Government. Ms Wilson later said payments to Dr Brown’s two
practices were likely to exceed $1.2 million. She told Parliament last month
that BHB had been compensated by about $1.86 million up to March 2018. Increased
fees for diagnostic imaging came into force at the start of last month. The
Brown-Darrell Clinic announced this week that it would restart high-tech CT
scans on Monday.
A
sex offenders register will be set up in Bermuda after legislation was passed in
the House of Assembly last night. Opposition MPs welcomed the legal change
but raised concerns about how few of the recommendations from a Joint Select
Committee report on a register had been adopted. Scott Pearman, the shadow legal
affairs minister, congratulated Kim Wilson, the health minister, who presented
the Bill in the House, but said that only two of 14 JSC recommendations had been
taken up. He added: “One, it was supposed to be public — which it is not.”
Mr Pearman was speaking as The Criminal Code (Sex Offender Management) Amendment
Act was passed with no objections. The new register will only be available to
the appropriate authorities. Some members of the JSC, including Zane DeSilva,
the Minister of Tourism and Transport, had recommended that the register should
be open to the public. Mr Pearman also said offenders should be categorised in
tiers so those who were guilty of lesser offences such as voyeurism and indecent
exposure would not be classified alongside pedophiles. Sylvan Richards, the home
affairs shadow minister, added that there was “potential stigmatization” if
someone was convicted of urinating in a bush or going skinny dipping. Ms Wilson
said: “Granted, there were 14 recommendations that came from the JSC. However,
and notwithstanding the enormous amount of work that this committee did produce,
we also have to recognize that the policy development by the Attorney-General
and her chambers started way before the JSC committee submitted their report.”
The new law included a $10,000 fine for unlawful disclosure of register
information. Mr Pearman highlighted that the maximum fine for an offender who
failed to comply with the requirements of the Offender Management Team was only
$3,000. He said: “It doesn’t seem right or common sensible.” Mr Pearman
added that Kathy Lynn Simmons, the Attorney-General, should consider increasing
the penalty for failure to comply to $10,000 so it was at least on a par with
disclosure. Craig Cannonier, the Leader of the Opposition, who sat on the JSC,
said that training from child protection charity Scars that he and other members
had completed had emphasized that pedophiles could not be cured. Mr Cannonier
said: “Once he has done his term, whether he does his courses or not, he will
not be rehabilitated. It is important that we tighten up every loophole we
have.” The Act also made it compulsory for sex offenders to have treatment
before they were eligible for early release. Tinée Furbert, a government
backbencher and an occupational therapist, said: “They say it takes three
months to break a habit. We’re not talking about a habit, we are talking about
a lifestyle and behavior. That takes longer than three months. So, I’d like
clarity.” Ms Wilson said that if an offender refused treatment, they would
lose their eligibility for parole and early release. But Mr Pearman suggested
sanctions should be applied such as extended sentences. Patricia Gordon-Pamplin,
Shadow Minister for Health, asked if adequate resources were available for the
treatment of sex offenders. Ms Wilson said: “There are adequate probation
officers and the team will have the requisite support.” Mr DeSilva said the
new law was “the thin end of the wedge” and that he hoped more of the JSC
recommendations would be adopted in the future. He added: “Paedophiles don’t
get any sympathy from me — none. The victims are penalized for the rest of
their life. If I had my way, pedophiles would have an electronic monitoring
device for life. I want to make a loud, singing, ringing, thumping note to pedophiles
of this country. We are not going to stand for it. We are going to have the
tools in place to deal with you if you abuse our children.”
Three
people have been suspended from their jobs while allegations of abuse by Child
and Family Services staff are investigated, the Premier said yesterday. Mr
Burt told the House of Assembly that the investigations were at “various
stages” and the results would be referred to “the head of the public
service”. Mr Burt was speaking after questions from Craig Cannonier, the
Opposition leader, during Premier’s Question Time. The former Ministry of
Social Development and Sports launched an inquiry in August into allegations
that children in care were mistreated by Child and Family Services staff. Alfred
Maybury, the director of the department, was later suspended over his handling
of the complaints. A second inquiry into the department was launched by the
Department of Internal Audit last month, but the Government has not said what
sparked the new investigation. The Premier was asked yesterday by Mr Cannonier
if he thought his decision to move Child and Family Services to the Ministry of
Legal Affairs “may have been a mistake”. Mr Burt said: “It was the correct
decision and it will yield better results for our children.” The Premier
fielded a variety of other questions over the half-hour session. MPs were told
that no donations had yet been made to the fintech fund, set up to develop the
fintech sector and support sports clubs, which was approved by the House in
July. Mr Burt said there were now 52 fintech companies licensed in Bermuda, but
that they were held back by “complications to banking within this particular
sector”. He added: “The truth is that this industry will not be able to
flourish because of a lack of banking services. Bermuda, in this case, is at a
disadvantage.” Former premier Michael Dunkley questioned Mr Burt on the
purchase of Victoria Hall by Arbitrade, a cryptocurrency company that has bought
the office block on Hamilton’s Victoria Street for its global headquarters. Mr
Burt said that Arbitrade had been vetted by the Registrar of Companies and that
he had also asked the Bermuda Chamber of Commerce and the Business Development
Agency for their opinions. He said the BDA had “questions” about the company
which sparked “enhanced due diligence”. He added that Arbitrade’s
directors had passed background checks.
Opinion.
By Barry Ritholtz, is a Bloomberg Opinion columnist. He founded Ritholtz Wealth
Management. "During the past 40 years, low-cost indexing has risen from an
abstract financial theory with very few takers to a juggernaut sucking up most
of the new money flowing into equity investments. BlackRock, Vanguard Group and
State Street, the top three indexers, collectively own more than 10 per cent of
every company in the US. They own lots of overseas stakes as well. This shift represents an existential threat to numerous parts of the
financial services industry: once investors decide to simply “buy the
market”, many types of financial jobs are no longer necessary, from human
traders to newsletter writers to various active management strategies. I was reminded of this by a deeply flawed analysis, entitled: “Your love of
index funds is terrible for our economy,” by Michael Brush, published on the
MarketWatch website. It cried out for a response. There are three reasons why indexing has become so popular. First, it costs
less — often much less. High fees are a drag on returns; compounded over
decades, they lead to a 20 to 30 per cent penalty on total returns. Next, the alternative is active-stock or mutual-fund selection or some form
of market timing. Academic research overwhelming shows that the vast majority of
investors lack the skills or discipline to do that. Attempts at outperformance invariably lead to underperformance. Last, even
among those who have the requisite skills, the discipline and emotional control
necessary to successfully manage money is intermittent at best, absent at worst.
Back to the issue of index funds: the author identifies three reasons why
index funds are an economic threat. Let’s take each of these in order: “Index funds contribute to market
melt-ups and meltdowns.” Really? That statement is at odds with the experience of most Registered
Investment Advisers and index-fund managers. Indeed, we have experienced several
bubbles and crashes, melt-ups and meltdowns, during the past few decades. The
evidence is clear that passive-index investors behave better than active-fund
investors or market timers, tending to blunt rather than aggravate volatility. During the financial crisis, passive investors sat tight and for the most
part didn’t sell. Indeed, they were net buyers, according to former Vanguard
chief executive officer Bill McNabb. As my Bloomberg colleague Eric Balchunas
pointed out, during the 2008 credit crunch, the money flows were into index
funds and exchange-traded funds, in part because they displayed less volatility;
more than $205 billion was put into these funds while active funds experienced
$259 billion in withdrawals. “Index funds reduce the quality of stock analysis.”
If this were offered as a joke, we could ignore it. But this is a serious —
and a seriously flawed — allegation. Let’s be blunt: stock analysis has been famously terrible for most of for
ever. Analysts are too bullish when things are going well, and perhaps too
bearish when they are not. They are highly conflicted. Since research itself doesn’t generate income, analysts are paid out the
funds generated by other parts of a securities firm’s business, such as
investment banking. Their goal is to encourage more active trading, which generates commissions
but also higher tax bills and lower returns. For a reminder of how problematic
Wall Street research is, recall the analyst scandals of the late 1990s and early
2000s. I believe this author has it exactly backward: expensive and ethically
compromised analysts were shown to be of so little help to investors that they
actively contributed to the rise of indexing. “Index funds contribute to poor corporate governance.”
Again, I think this is exactly backward — it’s the long-term owners of
public stock, that is, index funds — that management must deal with year after
year. Consider what Dave Nadig, managing director of ETF.com, wrote earlier this
year: “State Street voted against the slates of directors proposed by
companies over 400 times, because those companies failed to add women to their
boards. And BlackRock recently published an open letter to markets, putting
every company on notice that they would be taking a hard, hard look at
everything from executive compensation to community development to environmental
impact.” Active managers and activist investors can threaten to sell their stock, and
sometimes they do. But then what? The indexers are long-term owners — and they vote their proxies. Management
has to acknowledge their permanence. The complaints about indexing have become tiresome: indexing is Marxist,
it’s a bubble waiting to burst, it’s dangerous to the economy or the
efficiency of the market, and so on. The need to re-litigate every lost battle
is telling. The people who want to sell you newsletters, expensive mutual funds, or
costly trading advice have suffered greatly from the move towards low-cost,
passive investing. No wonder so many of them refuse to accept the obvious
benefits of indexing to average investors."
Bermudian
actress Julia Frith is about to fulfil a lifelong dream and take centre stage in
London’s West End. Ms Frith, 23, will join the main cast of The Comedy
About a Bank Robbery next Tuesday after months of work with the touring
production. She said: “I was expecting to be nervous, but actually, I’m just
really ecstatic. I’m in an incredible position for my West End debut, I’ve
been in this show on tour for four months already. I’ve done hundreds of shows
as my character and the cast and crew on the West End version have adopted us
into their family with so much support and encouragement — I’m ready.” Ms
Frith — whose family includes international music star Heather Nova and famous
puppeteer Michael Frith — performed in several shows in Bermuda before going
to Rose Bruford College in London. She landed the part of con artist Caprice
Freeboys in the touring cast of The Comedy About a Bank Robbery earlier
this year and has spent the last four months performing across Britain and
Ireland. But she said the move to the critically acclaimed West End production
was a dream come true. She said: “Being in the West End is almost every
actor’s dream. It’s a milestone for many that represents a certain level of
success, skill, and reputation. The West End is an area of London where a lot of
the best of theatre in the world can be found. The quality of the productions
are internationally renowned and, like Broadway, for an actor, that’s the
dream. That being said, you can be a brilliant actor and never work on the West
End. At the end of the day, acting is a job and you can do your job brilliantly
anywhere, in any space.” Ms Frith added she was excited to make her West End
debut. She said: “This is the best show to debut in, my role as a strong
female lead is so full and fun to play, the story and writing is smart, quick
and challenging. I can’t wait.” Ms Frith added: “It’s such a humbling
and exciting feeling, performing on a stage that has hosted so many incredible
actors and productions long before I was even alive.” Ms Frith thanked Bermuda
for its constant support. She said: “My success is your success.” She also
thanked the Bermuda Arts Council and the BMDS Charitable Trust, who helped her
and other Bermudian artists fulfil their creative dreams.
Today's
session in the House of Assembly began with a Moment of Silence out of
respect for the late Dr. Clarence ‘Tessi’ Terceira, a former MP and Cabinet
Minister who passed away earlier this week. Statements on the Consolidated Fund
Financial Statements 2018, International Law Firms in Bermuda License
Conditions, Report and Financials of WEDCO and BLDC, Mental Health Amendment
Bill, Implementation of the International Maritime Organization [IMO] Instrument
Implementation Code [Triple I Code], and the Disaster Risk Reduction and
Mitigation Team End of Year Report are due to be delivered, while Bills on the
Order Paper include Mental Health Amendment [No. 2] Act 2018. Bills due for
their second reading include the Criminal Code [Sex Offender Management]
Amendment Act 2018, the Children Amendment Act 2018, and the Economic Substance
Act 2018. In addition, MP Patricia Gordon-Pamplin’s motion is listed, which
states, “Be it resolved that this Honourable House decries the posting of
inappropriate and/or sexist comments on social media by Members of Parliament
and that this House supports the inclusion in the Parliamentary Code of Conduct
policies and procedures that will embrace a culture of respect towards women
parliamentarians and women in general."
A
last-ditch legal attempt to restore a ban on same-sex marriage was mounted by
the Government yesterday. Notice was given to the Court of Appeal to ask
permission to take the case to London’s Privy Council. The Government said
the matter was important to the island’s people and involved complex legal
points that should be heard by the highest court of appeal for Bermuda. Walter
Roban, the Deputy Premier and Minister of Home Affairs, said: “Constitutional
issues are important issues and this government wants to get it right.”
Initial applicant Rod Ferguson accused the Government of “playing politics
with the right to same-sex marriage” and said its actions had hurt the
Bermudian LGBTQ community as well as the island’s reputation overseas.
Campaign group OutBermuda urged ministers to stop wasting taxpayers’ money on
“futile appeals”. The decision to try and take the case to the Privy Council
came after a ruling by the Court of Appeal made same-sex marriage legal again
last month. The application was made just before a 21-day deadline was reached.
The Court of Appeal last month dismissed the Government’s claim that former
Chief Justice Ian Kawaley was wrong to strike down parts of the Domestic
Partnership Act, which was passed to replace same-sex marriage with a civil
partnership arrangement. A packed courtroom erupted in cheers as Sir Scott
Baker, president of the Court of Appeal, announced the decision. The Court of
Appeal also has the role of deciding if permission is given for a plaintiff to
go to the Privy Council. The Privy Council then considers if an appeal has merit
and if it will hear the case or not. “The Government’s position is that the
issues involved in these matters are of general public importance to the people
of Bermuda and involve complex and difficult issues of law which are appropriate
for consideration by the Privy Council,” a government spokeswoman said
yesterday. The Domestic Partnership Act was passed in December 2017. It recognized
same-sex marriages that had already happened, but banned any more and offered
domestic partnerships instead. Mr Ferguson launched a legal action in February
against the Act, particularly the clause that defined marriage as between a man
and a woman. He was later joined in the action by Maryellen Jackson and gay
rights charity OutBermuda. Mr Justice Kawaley ruled the DPA was against the
Constitution in May and the Government appealed the decision. However, the Court
of Appeal dismissed the challenge and reinstated same-sex marriages. The Privy
Council’s website said its judicial arm had to be satisfied that a case raised
“a point of general public importance” before it heard an appeal. Mr
Ferguson said: “The Government’s efforts to repeal same-sex marriage have
come at quite a cost, not only monetarily, but also in terms of the impact on
Bermuda’s LGBT community, and our island’s reputation overseas. The courts
have not found merit in the Government’s legal defence thus far, and are
highly unlikely to do so upon appeal. At this point, an appeal to the Privy
Council would merely serve to suit a political purpose. I implore the Government
to stop playing politics with the right to same-sex marriage. Let the law uphold
the dignity of all Bermudians.” Mark Pettingill, lawyer for Mr Ferguson, hoped
the Government would think about its course of action. He said: “Hopefully,
this is a position to review carefully their prospects of a successful appeal to
the Privy Council and the consideration of the costs and the very real
likelihood that they simply will not succeed. I hope in this situation that
common sense prevails as opposed to political motivation and that good law
prevails as opposed to pushing a manifesto promise further than it has to go.”
He added: “We are where we are and I think we need to move on. “We can’t
flip-flop any further. As a jurisdiction, we will be a laughing stock, in my
eyes, of the right-thinking international community, which includes all of our
major trading partners, all of our major sources of tourism, all of the places
that we, as Bermudians, like to visit. When we speak about that group of other
countries, we’re talking about our closest friends and neighbors.” Craig
Cannonier, the One Bermuda Alliance leader, said last night: “Government’s
decision to spend potentially hundreds of thousands of dollars appealing the
same sex ruling is a kick in the teeth to Mrs and Mrs Bermuda, whose shoulders
are burdened by the weight of new taxes. “And at a time when schools do not
even have working fire alarms, how can Government possibly justify even further
expenditure on this issue? People must start taking notice of — and question
— Government’s priorities.” Mr Cannonier said messages circulated before
the appeal application was announced about “a possible march on Parliament”
today to call for further court action from the Government. He asked: “Did
Government cave in to the threat of the kind of marches they helped to
orchestrate while in Opposition?” Mr Cannonier said: “The One Bermuda
Alliance has stated that this was a matter for the courts and that it would
abide by the court rulings. Three times the courts have ruled in favour of
same-sex marriage. It is time this Government got the message and put the
enormous amount of money needed to pursue this case to the Privy Council to
better use — starting with working school fire alarms.” OutBermuda spokesman
Adrian Hartnett-Beasley said: “Bermudians are a very fair-minded and patient
people. We strongly believe, however, that enough is enough. It is time to end
futile appeals that have already wasted hundreds of thousands of taxpayers’
dollars. Let’s agree to not waste even one more.” OutBermuda director Zakiya
Johnson Lord said: “Our courts have consistently reaffirmed the equal right of
same-sex couples to marry. To fan the flames of discrimination is irresponsible
and costly, on all levels. We want to come together. Marriage equality has come
to our shores. Let’s put this in the “done” column and keep moving forward
together as a people.”
International
firms will need to have local lawyers to tackle issues of Bermuda law under
conditions proposed by Government. Curtis Dickinson, Minister of Finance,
told the House of Assembly this morning that Government intends to move forward
with efforts to “liberalise” Bermuda’s legal sector for international law
firms. But he said those new rules will include measures to protect jobs for
local lawyers. Mr Dickinson explained that Government believed that welcoming
international law firms to Bermuda would “generally benefit” the economy and
employment options for Bermudians. He said Government went through a
consultation process and while the proposal received the support of some
stakeholders such as the BDA, several expressed concerns. Mr Dickinson said:
“The grounds of objections were that international law firms would be damaging
to existing law firms and that they may simply open a ‘front’ in Bermuda by
engaging the services of a ‘figurehead’ Bermudian.” Under the policies
detailed by Mr Dickinson, any legal work involving matters of Bermuda law,
originated in Bermuda, must be undertaken in Bermuda and cannot be outsourced to
lawyers and paralegals in another jurisdiction to be “rubber stamped” in
Bermuda. International firms would also be required to employ Bermudians “at
all levels” and provide scholarships to Bermudian law students. Mr Dickinson
added that firms would need to provide a five-year plan showing how they intend
to increase revenue from offshore work, as well as a “diversity and inclusion
plan” for management positions that reflect Bermuda’s cultural composition.
He said: “The Government is confident that this policy to relax the law firm
market and open it up to international firms, along with the above mentioned
licence conditions strikes the correct balance between stimulating additional
investment in Bermuda and providing opportunities for Bermudian lawyers and
preserving the interests of Bermudians.”
Curtis
Dickinson, the Minister of Finance, will update MPs on measures taken to allow
international law firms to practise on the island. Mr Dickinson also said
this week that the Economic Substance Bill 2018, aimed at protecting the island
from the European Union’s blacklist of uncooperative jurisdictions, could be
debated today. Mr Dickinson is also expected to table the latest report on the
state of the Government’s consolidated fund. Lieutenant-Colonel David Burch,
the Minister of Public Works, will table the annual reports of the West End
Development Corporation and the Bermuda Land Development Company. Wayne Caines,
the national security minister, is to make a statement on Bermuda’s disaster
relief capabilities. Other debates will include amendments to the management of
sex offenders, as well as concessions for the conversion of the Grand Atlantic
housing development to a hotel resort.
Legislation
to address “major gaps” in Bermuda’s mental health system will be tabled
in the House of Assembly today. Kim Wilson, the Minister of Health, said the
Mental Health Amendment Bill would set requirements for determining mental
capacity, including decision-making. She said: “The rationale for this
amendment is that a patient cannot consent to or refuse treatment unless they
have the mental capacity to do so and this is currently not present in law. The
mental capacity framework will establish principles and criteria to determine if
a person is able to make a decision and if they are deemed unable, to ensure the
decision is made in their best interests.” Ms Wilson added that the existing
Mental Health Act does not offer legal safeguards for patients who refuse
treatment or cannot consent to treatment. She said: “The Bill establishes
safeguard for patients regarding consent to treatment, which will apply to all
detained patients whether in hospital for treatment or living in the community
under a community treatment order, which is the final change introduced by the
Bill.” Ms Wilson explained the Bill includes provisions which cover the
treatment of patients granted leave from the hospital. She said: “This enables
conditions to be set for patients to live in the community — such as
continuation of medication — while also improving legal safeguards to protect
the rights of the patient.” Ms Wilson added: “Overall, the goal is to bring
Bermuda’s mental health legislation in line with contemporary methods of care
while balancing the need to protect the rights of the individual patients and
the need to ensure public safety. While more work will be needed on the broader
mental health legislation and services, in this phase we have focused on
addressing major gaps that exist in Bermuda’s Mental Health Act.”
Wayne
Caines, the Minister of National Security, updated the House of Assembly this
morning on the island’s disaster risk reduction and mitigation work. These
included dealing with a simulated fuel spill at the airport while planes were
full of passengers and a cruise ship evacuation exercise at Dockyard. The
disaster risk management team also reviewed the island’s ability to deal with
fuel shortages. Mr Caines said the team will upgrade emergency broadcasting next
year, switching it from analogue to digital.
“Significant
progress” has been made to bring Bermuda up to an international standard for
the operation of maritime functions, the transport minister said this morning.
Zane DeSilva, the Minister of Tourism and Transport, provided MPs with an update
on the implementation of the International Maritime Organisation Instrument
Implementation Code in the House of Assembly. Mr DeSilva said the code is
“concerned with providing a unified international standard for the operation
of maritime functions by IMO members states”. He added that the code also
formed the basis of audit standards for a mandatory audit scheme. The UK audit
— including Overseas Territories — is scheduled to take place in September
2020. The UK Maritime and Coastguard Agency will conduct audits next year of
Overseas Territories ahead of the 2020 assessment. Mr DeSilva said: “To
properly implement and enforce Bermuda’s rights, obligations and
responsibilities with respect to the relevant IMO Instruments, current
legislation, policies and procedures must be reviewed, gaps identified,
responsibilities clarified and remedies put in place.” He added that the
“co-operation and collaboration” of a number of ministries, departments and
quangos was needed to tackle the task. Mr DeSilva said: “I am pleased to
report that we are making significant progress.” He said that the Bermuda
Maritime Steering Committee had been created to provide oversight of the work.
Mr DeSilva said that other work to ensure Bermuda’s readiness had also been
completed — including a visit of the United States Coast Guard Strike Team in
September. He added: “The purpose of the visit was to discuss our oil
pollution response readiness and to review the existing Memorandum of
Understanding with the United States Coast Guard for major oil spill
response.” Mr DeSilva said that representative from the UK Maritime and
Coastguard Agency had visited Bermuda last month to review the island’s
pollution response capability. He added that a strategy document and support
manual required ahead of next year’s audit had been completed. Mr DeSilva said
that the implementation of the International Maritime Organisation Instrument
Implementation Code “is of significant importance and mandatory for Bermuda to
maintain its very good reputation as a compliant and leading maritime
jurisdiction”. He added: “With the progress that we have made thus far, and
with the continued Government support and co-operation of the stakeholder
departments, I am confident that we will be compliant prior to the imposed
deadline — and I will Endeavour to keep this honourable House updated on our
progress.”
A
new bus schedule was designed to cut down on cancellations because of vehicle
shortages, the director of the transport department said yesterday. Despite
the last buses on some popular routes running earlier, Roger Todd, head of the
Department of Public Transportation, claimed that the new schedule would allow
for “a reliable public bus service”. He added: “For the traveling public,
the new schedule will eliminate daily cancellations related to a shortage of
buses. For the DPT operations team, it will provide a more predictable and
workable schedule. For the maintenance team, it will provide better access to
vehicles for repairs and preventive maintenance.” The new schedule will take
effect on January 7. Mr Todd said that the full schedule would be published
“in the coming weeks”. A list of 13 highlights of the new schedule was
revealed yesterday. The document said that all route 7 and 8 buses heading west
will end at the Dockyard depot and all route 10 and 11 buses to the east will
terminate at the St George’s depot. It added that buses will no longer end
their runs at the Grotto Bay Hotel in the east and Barnes Corner in Southampton.
The number 9 Prospect bus will run every 15 minutes during the morning rush hour
and every 30 minutes at peak times in the afternoon. The fact sheet said the
“additional service was added to better service the school students and
commuters in the area”. The times of night buses on several routes have also
changed. The last bus on route 7 will leave the West End depot an hour earlier
at 9.20pm. The last bus on route 8 will leave the depot at 11.35pm instead of
11.59pm. The last number 7, 10 and 11 buses will depart from Hamilton 15 minutes
earlier. The numbers 7 and 10 will leave at 9pm and the last number 11 bus will
leave at 11.30pm. The last bus on route 8 out of Hamilton will leave ten minutes
earlier, at 11.35pm. Mr Todd said the new schedule would be implemented “for
an initial period of one year”. He added: “Performance of the new schedule
will be assessed and adjustments made as required.” Mr Todd said that two bus
schedules, a winter and a summer, were used each year. He added that schedules
were changed over the year to take account of school terms. Mr Todd said:
“When school is in, we run the winter schedule and when school is out, we run
the summer schedule.” He added that changes to the summer schedule would be
considered after the new winter schedule was up and running. Zane DeSilva, the
Minister of Tourism and Transport, said the new schedule benefited the public as
well as bus operators. He added: “Most importantly, it can be sustained with
our current fleet of buses.” Mr DeSilva said: “I am confident this is the
best way to ensure an efficient and reliable service.” He said he had been
“concerned” by frequent bus cancellations and their impact on the public. Mr
DeSilva said the new schedule was a “long-awaited achievement” and that the
work of Walter Roban, the former transport minister, was “instrumental”. He
thanked the Department of Public Transportation and the Bermuda Industrial Union
for their “collaborative efforts”. Chris Furbert, the president of the
Bermuda Industrial Union, said yesterday was a “great day”. He added:
“It’s taken 17 years for us to devise the new bus schedule.” Mr DeSilva
said earlier this week that transit workers had agreed to begin shifts 15
minutes earlier than the present start to suit the new schedule.
Children’s
rights campaigners urged the Government yesterday not to push on with a proposed
legal change that they claimed would erode the right of vulnerable youngsters to
independent legal representation in court. Katie Richards, a family law
expert, said she hoped a tabled Bill in its present form would not be given the
green light by politicians. The Bill amended the wording of section 35 of the
Children Act and replaced the word “shall” with the word “may” in
relation to the requirement for the court to consider the appointment of an
independent advocate, a litigation guardian, in cases that involved children. Ms
Richards said: “The proposed amendments to the 1998 Children Act will
undoubtedly erode the legal rights of children to obtain independent legal
representation and the appointment of litigation guardians.” The director at
law firm Chancery Legal added: “The amendment proposed to section 35, where
the word ‘shall’ is replaced by ‘may’, will have a fundamental and grave
impact on the legal rights of children before the courts. While the current
wording of section 35 and the inclusion of ‘shall’ does not make it
mandatory to appoint a guardian in every case, the purpose behind the Act was
clear, in that the appointment of a guardian would be made in the vast majority
of cases falling within specified proceedings. By inserting the word ‘may’
this unquestionably waters down the test for the appointment of a guardian and
provides greater discretion to the court, as opposed to the positive obligation
and presumption under the Act as it currently stands.” The Children
Amendment Act 2018 was tabled two weeks ago in Parliament and is expected to
be debated today in the House of Assembly. Kathy Lynn Simmons, the
Attorney-General and legal affairs minister, said this month the Bill was
designed to “remove ambiguity concerning the appointment of litigation
guardians and strengthen the existing framework that assigns a litigation
guardian to children whose custody, care or control is before the courts”.
However, Ms Richards said: “With the greatest respect, there is no current
ambiguity concerning the appointment of a litigation guardian. The test in the
Act is clear and even if there were to be some ambiguity, the proposed
amendments do not seek to remedy this.” Tiffanne Thomas, a social worker who
has acted as a litigation guardian in 35 cases involving minors since 2014, said
she was disappointed at the government move. Ms Thomas, the director of
Therapeutic Consulting Services, added: “The Bill presented in the House of
Assembly explicitly states that the amendments will repeal subsection 1 of
section 35 in the existing Act, thus creating room for it to be
discretionary.” The draft Bill was tabled in Parliament just days after it was
revealed through a public access to information request that 48 of 50 children
sent to overseas institutions since April 2014 at the request of the Department
of Child and Family Services had no legal representation. None of the children
sent abroad by the court before April 2014 as part of the department’s psycho-educational
programme had legal representation. One woman who told her story
to The Royal Gazette last month claimed she was sexually abused by a counselor
at a camp in Georgia and not allowed home to Bermuda for holidays. Mark Diel, a
director of law firm Marshall, Diel & Myers, said: “I was reading this
article having visions of Scrooge’s childhood, being left behind at school
over Christmas. It’s heartbreaking and the children have no say in it, no
ability to get before the courts. It’s like a prison sentence. Sending people
away for extended periods of time, it’s horrendous. It strikes me as
Dickensian.” He suggested a constitutional right to a fair hearing had been
breached in the cases of children sent abroad without independent
representation. He added: “I think it’s fair to say it’s systemic. What
you need is a number of them to come forward. The court needs to look at what
damages these people have suffered.” Mr Diel said the cases highlighted why
the present section 35 of the Children Act was needed. He added: “It’s
because these children are at risk, because very often either the parents
don’t know or perhaps in certain cases don’t care, that you need someone
whose sole interest is to look out for the legal interests of the children.”
Child rights campaigner Sheelagh Cooper said the psycho-educational programme
and the use of “offshore facilities” for Bermudian children needed to be
reviewed as part of inquiries into DCFS already under way. A spokeswoman for the
legal affairs ministry said the psycho-educational programme was developed for
children who could no longer be treated on the island. She added its committee
included government specialists in children’s care and education who vetted
applications to send children overseas. The spokeswoman said: “An application
then has to be made to the courts to have children removed from the
jurisdiction. The application must indicate why the child is being removed,
where they will be going, for what purpose and the length of time must be
specified. She added the psycho-educational committee and the courts got updates
on children’s progress and “clinical and comprehensive assessments” and an
aftercare programme was available when they returned home.” The spokeswoman
said: “These assessments have assisted DCFS in obtaining a clear and
comprehensive understanding of the needs of the child. These overseas
assessments have assisted in the development of an individualized treatment
plan. Aftercare consists of reintegration to the education system, ongoing
individual and family support and referrals. If the child has reached the age of
18 years old they may choose not to participate, however, services are still
offered to them.”
The
Royal Bermuda Regiment’s training officer was appointed as second-in-command
of the island’s armed service yesterday. Major Ben Beasley, a former Royal
Air Force officer, takes over the role from Major Warren Furbert. John Rankin,
the Governor, promoted Major Beasley on the recommendation of the RBR’s
promotions board. Mr Rankin said: “During his career to date, he has served
the regiment with distinction in a number of positions, including as adjutant
and as training officer. I look forward to working with Major Beasley in his new
role.” Major Beasley, who joined the RBR in 2011, completed the UK Defence
Academy’s advanced command and staff course last year. He was awarded the
British Empire Medal for services to Bermuda in the 2018 Queen’s Birthday
Honours List. Mr Rankin thanked Major Furbert for his work in his seven years as
second-in-command. He said: “He has given dedicated service to the regiment as
a full-time member of staff since 1984 and will continue, for the time being, as
the regiment’s paymaster.”
A
clinic run by Ewart Brown, a former premier, is to restart hi-tech CT scans
almost a year after the plug was pulled on the computerized imaging service.
The Brown-Darrell Clinic in Smith’s will bring back the scanning service on
Monday. Dr Brown signaled in September that the scans would resume. Dr Brown
said yesterday: “We delayed the reopening until we could find a vastly
proficient technologist who is experienced in all aspects of CT scanning
including special cardiac studies.” The service was shut down in January after
major fee cuts for scans were introduced by the former One Bermuda Alliance
government, a position later moderated by its Progressive Labour Party
successor. Increased fees for diagnostic imaging came into force at the start of
last month. Dr Brown said that the Lahey Hospital and Medical Centre in
Massachusetts would continue to interpret scans carried out in Bermuda. The
Bermuda Hospitals Board and private services such as Dr Brown’s were affected
by the fee cuts, which resulted in payouts from the Bermuda Government. Kim
Wilson, the Minister of Health, later said payments to Dr Brown’s two
practices were likely to exceed $1.2 million. Ms Wilson told Parliament last
month that BHB had been compensated by about $1.86 million up to March 2018. A
spokeswoman for the Ministry of Health said last night that the fee rates update
marked the conclusion of the Government’s compensation commitments.
Two
government recruits will further their engineering skills through an
international internship programme. The Ministry of Public Works announced
that Jamal Dill and Zeeko Johnstone have been welcomed into the Bermuda-Aecon
Internship Programme. The pair will travel to Toronto, Canada, to gain
experience and learn professional skills while working with renowned engineering
companies. Mr Johnstone, a mechanical engineer graduate, will study under the
mechanical design company H.H. Angus Associates Ltd. Mr Dill will work with the
Toronto-based electrical engineering company Mulvey & Banani International.
Frank Ross, the executive director of Aecon International Construction, said:
“We are very pleased to welcome both Zeeko and Jamar to the intern programme
and I am confident that they will thoroughly enjoy and greatly benefit from this
opportunity that the Government of Bermuda has presented to them.”
Lieutenant-Colonel David Burch congratulated the pair for their accomplishments.
He added: “Today is a day for other young Bermudians who may have an interest
in the engineering field to be inspired by these two young men to also pursue
their dreams. Mr Burch ended by urging everyone interested in an engineering
career to contact the ministry.
A
wedding planner from the United States was fined a total of $2,000 yesterday
after he admitted drugs charges. Magistrates’ Court heard Yervad Zaratsian
was arrested on suspicion of possession of controlled drugs at the airport as he
attempted to return to America. Magistrate Tyrone Chin was told Zaratsian, 47,
from California, arrived on the island on December 1 for a three-day wedding
conference. He was searched by US Customs officers as he attempted to leave
Bermuda on December 6 and was found to have cannabis oil, the party drug ecstasy
and electronic vaping cartridges in his luggage. Zaratsian told officials the
pills were prescription drugs and the liquid was a sedative, but tests showed
they were banned drugs. He later told police that he used the drugs to
“escape” the pressures of work. Arion Mapp, defence counsel for Zaratsian,
said it was a small amount of drugs and had been brought to Bermuda by accident.
He added the amount of cannabis oil found was less than seven millilitres. Mr
Mapp added that the defendant had admitted the offences and had no previous
convictions. Nicole Smith, for the Crown, pointed out Zaratsian had admitted to
police he used drugs to cope with stress. Mr Chin fined Zaratsian $500 for
importation of the cannabis oil, and $750 each on the ecstasy and vaping
cartridges charges. The defendant was ordered to pay the fines before he left
Bermuda.
Transport
workers have agreed to begin shifts 15 minutes earlier than the present start to
suit a new bus schedule. The deal was hammered out between the Department of
Public Transportation and the Bermuda Industrial Union at a meeting this week.
Zane DeSilva, the Minister of Tourism and Transport, is expected to provide an
update on the bus timetable today. He said yesterday: “Monday’s meeting was
called for the purpose of reaching a point where DPT and the BIU could mutually
agree to change the starting time of DPT from 6am to 5.45am in accordance with
the collective bargaining agreement. This would facilitate the implementation of
a new bus schedule. At that meeting, the employees agreed to change the starting
time.” Full details will be revealed today. A work-to-rule in June disrupted
provision of public transport for more than a week after BIU members voted in
favour of industrial action. Chris Furbert, the union’s president, said at the
time that some of the complaints — including the poor condition of the bus
fleet — dated back “three to five years”. The action resulted in hundreds
of cancellations, and services came to a complete halt as the island celebrated
National Heroes Day.
Residents
have given top marks to teachers who staged a mass sick-out. Members of the
public told The Royal Gazette the Bermuda Government should give teachers
what they need to do their jobs, tackle long-running concerns about the state of
the island’s schools and stop wasting money on administration. The Bermuda
Union of Teachers took action on Monday after it claimed the Ministry of
Education had not listened to its complaints about a new standards-based grading
system, training for teachers, staffing levels, technology problems, and health
and safety fears. The Gazette took to the streets in Hamilton to assess
the level of support for the teachers’ industrial action. Josie Richardson,
56, said: “Even though it’s unfortunate, they have to take a stand sometimes
in order to let the senior management and Government know that they’re
serious. I do support the teachers. I think it’s very important that the
teachers have the tools that they need in order to do their jobs and they
can’t do their jobs effectively if they don’t have the proper tools. The
wellbeing of our children is the most important thing.” One man, who is
married to a public-school teacher and asked not to be named, said: “This
problem has been going on for a number of years in Bermuda, and it’s finally
coming to a head. There is a very heavy administration problem in the Bermuda
educational system that has to be dealt with. Unfortunately, the action that
needs to be taken is going to be very difficult because it’s going to impact
people. At some point, you need to make sure that the costs that are going to
the facilities and administration are actually being put into the right places
— the children’s education.” One Hamilton man, who also asked not to be
named, said he opposed the teachers’ stand. He said: “I feel for the
students because they missed out on school and were affected. I know about the
financial difficulties that teachers are facing, especially with the Bermuda
Government and what’s going on with their supplies. I do understand where the
teachers are coming from, but I don’t believe that they should have done it in
that way.” A woman who also asked not to be named, said: “I probably would
have preferred a different approach primarily because I like the Minister of
Education and he seems to be doing everything he can to improve our educational
system.” Another woman said she had sat on a parent-teacher association. She
added there was “never enough supplies” and “always a lot of politics
within the system”. The woman said: “Just give the teachers their supplies.
They shouldn’t have to send lists every year asking for toilet paper, paper
towels, pencils and so on. That should be supplied to our children. Allow the
teachers to do their job and do it to the best of their ability. At the end of
the day, it’s not about politics, it’s about our children. So to separate it
out of the Government’s hands would be a fantastic idea because that way the
principals will do what they have to do for our children.” Raven Pearman, 25,
said that the strike was “definitely warranted”. Ms Pearman, who wants to be
a teacher, added: “I feel like the Government should fix the problem. Why
would they allow our youth to be sick? It’s terrible to even think about the
schools covered in black mould, and they’re doing nothing about it. I
wouldn’t want to be in a school full of black mould, and I definitely
wouldn’t want the children to be there. I would be on strike so that the
students wouldn’t have to be there.” A poll on The Royal Gazette’s
Twitter profile found 79 our of 96 voters were in support of the teachers, but a
Gazette Facebook poll found 78 in support and 88 against.
Failure
to fix problems in public schools will allow divisions in society to fester, an
independent senator warned yesterday. Michelle Simmons said: “If we fail
to fix this, we will continue to be plagued by inequalities in our community.”
Ms Simmons, a former Berkeley Institute head teacher, said that the inequalities
would lead to “disaffection, feelings of not belonging, a sense that public
education is not worth anything, also a sense there is nothing here for me, and
therefore the separation continues in our society”. She added: “It really
does hurt to see what is happening right now in public education.” Ms Simmons
was speaking during the motion to adjourn at yesterday’s Senate session. The
warning came after the Bermuda Union of Teachers gave the Government a list of
23 problems that teachers said had to be tackled. The list included concerns
over the standards-based pupil grading system, inadequate staffing and
resources, technology problems and health and safety fears. Ms Simmons said:
“We cannot afford, in this country, to continue to expect the best if we
don’t put it in to our schools.” She added that a strong and vibrant public
education system ensured “that we are doing right by every person in this
country”. Ms Simmons said that parents should not be forced to place their
children in private schools to ensure a good education. She added she believed
that problems in the public school system could be fixed. But she said that it
would require a “unified effort” from parents, pupils, principals, teachers
and the Government. She added: “Everyone must be part of the solution.” Ms
Simmons said the majority of teachers and administrators in the Government
wanted the best for Bermuda’s youngsters. But she added: “There has to be a
meeting of the minds — there has to be a coming together.” Jason Hayward, a
Progressive Labour Party senator, backed Ms Simmons’s call for all parties to
come together to tackle education. He added: “We must get it right — we are
aiming to get it right.” Mr Hayward, the president of the Bermuda Public
Service Union, which represents head teachers, said that some of the concerns of
teachers and principals could not be fixed overnight. He added: “We have had a
legacy of issues with public education.” Mr Hayward said the need for
additional teaching assistants had created “huge issues”. He said the issues
that teachers and principals faced “transcend industrial relations”. Mr
Hayward explained: “These are not terms and conditions and contractual
issues.” The father of three public-school students said he knew his children
were learning. He added: “I don’t view it from a lens where my children are
at some severe disadvantage because they are in the public-school system.” Mr
Hayward said that Diallo Rabain, the Minister of Education, was putting his
“best foot forward. Despite the challenges, progress is still being made.”
James Jardine urged Mr Rabain to “stay the course”. The independent senator
said he believed public education had “suffered greatly” from the
“swinging door” of education ministers. Mr Jardine added that Mr Rabain had
a tough job. He explained: “There is no way he is going to satisfy everyone
— and it is mainly because of the numerous issues that are facing the public
education system.” Mr Jardine said there needed to be a “strong and building
communication” between Mr Rabain and schools staff. He added: “It can be
done — and I have no doubt it will be done.” Public schools across the
island were forced to close on Monday after a mass sick-out was staged by
teachers. Anthony Wolffe, vice-president of the Bermuda Union of Teachers, said
on Monday that teacher morale was at an “all-time low” and that industrial
action was the only way to get the education ministry to deal with “grave
concerns” raised by the union. Head teachers have been on a work-to-rule since
October 19.
Two
Bermudians charged with terrorism offences in Britain will be tried at
London’s Old Bailey next month. Hisham Waheed Muhammad is accused of
preparation for acts of terror and Faisal Ibn al Hajj Muhammad Abu Ahmad was
charged with failure to notify the authorities. The two were arrested after a
raid on a home in Whitefield, Bury, Greater Manchester. It is alleged that
weapons and extremist literature in support of the terror group Islamic State
were found at the house. Both men were said to have been living in the UK “for
a significant period of time” before they were arrested on June 4. The trial
is expected to start on January 21.
Enstar
Group Ltd is partnering with German insurance giant Allianz and investment
manager Hillhouse to launch a new Bermuda re/insurer. Enstar, a
Bermuda-based company which specializes in acquiring and managing companies and
portfolios in run-off, will own nearly half of the new company, called Enhanzed
Reinsurance Ltd. The new Class 4 and Class E company will reinsure life,
non-life run-off, and property and casualty insurance business, initially
sourced from Allianz SE and Enstar. Enstar, Allianz and Hillhouse affiliates
have committed a combined total of $470 million to Enhanzed Re. Enstar will own
47.4 per cent of the entity, with Allianz owning 24.9 per cent, and an affiliate
of Hillhouse Capital Management Ltd owning 27.7 per cent. Enstar will act as the
re/insurance manager for Enhanzed Re. Hillhouse will act as primary investment
manager and an affiliate of Allianz will also provide investment management
services. Enhanzed Re intends to write business from affiliates of its operating
sponsors, Allianz and Enstar. It will seek to underwrite business to maximize
diversification by risk and geography. Dominic Silvester, Enstar’s chief
executive officer, said: “Enhanzed Re brings Enstar together with our
established partners Allianz and Hillhouse to provide a vehicle that will
reinsure a diversified book of life and P&C reserves sourced through a
strong pipeline of opportunities provided by Enhanzed Re’s operating sponsors.
Enhanzed Re will benefit from world-class investment managers prudently managing
capital while pursuing risk-adjusted returns. Through Enhanzed Re, Enstar gains
exposure to attractive life and P&C business and in return can offer
opportunities for Enhanzed Re to participate in our future significant legacy
transactions.”
An
analyst who has been highly positive towards Arbitrade and its “dignity”
token all year is now expressing serious concerns about the cryptocurrency
exchange and coin company. Ronnie Moas, of Standpoint Research, is calling
on Arbitrade to give full disclosure about its claim that it has title to $15
billion of gold bullion. He told The Royal Gazette that he now sees
“yellow and orange flags and smoke” and has had heartbreaking messages from
people who have suffered significant investment losses on the crypto token that
he had been bullish on in his subscription service newsletter and through posts
on Twitter. Mr Moas has 45,000 followers on the social media platform.
Meanwhile, Arbitrade’s board of directors said they had called on Mr Moas to
stop writing about dignity and Arbitrade in his e-mails and on Twitter, and
dismissed claims that he had been misled by its executives and consultants, or
about its “timelines for delivering certain items”. Mr Moas is the founder
of Standpoint Research, which lists among his achievements the authoring of more
than 1,000 research reports and appearances in more than 100 television,
newspaper, radio and magazine interviews since 2014. He has also been a headline
speaker at a number of conferences. Speaking to the Gazette, Mr Moas said
he had received heartbreaking messages from people who had invested in the token
and now stood to lose their life savings after its price plummeted. Dignity was
yesterday valued on CoinMarketCap at a fraction above half a cent, having fallen
85 per cent during the past month. Arbitrade incorporated in Bermuda this year
and has named Victoria Hall, on Victoria Street, as its global headquarters. The
$6.5 million office block was acquired by Arbitrade Properties (Victoria Hall)
Ltd, a subsidiary of Arbitrade Property Holdings. The company is in the process
of having its subsidiary, Arbitrade Exchange (Bermuda) Ltd, licensed under the
Digital Asset Business Act 2018. Arbitrade has made a number of bold claims
during the past six months, including its plan to use gold bullion to back five
crypto tokens, with each token backed by $1 worth of bullion. One of the tokens
is dignity, and it has a total supply of three billion tokens. At present there
are 523 million dignity tokens in circulation, according to CoinMarketCap. Len
Schutzman, chairman of Arbitrade, said Arbitrade had “title” to 395,000
kilograms of gold bullion, worth about $15.5 billion, to back its crypto tokens,
and that this gold had been verified by an independent public accounting firm.
However, the company did not identify who had given it title to the gold, under
what conditions, nor where the gold is or the name of the independent accounting
firm. A reason given later for this was that it was commercially sensitive
information and the company was legally bound by non-disclosure and privacy
obligations. Mr Moas said he wants Arbitrade to “come clean” on its gold
claim, and to provide answers to questions he has asked them in the past few
weeks. He said his outlook on Arbitrade had also changed for a number of
reasons. On Monday he shared some his thoughts on the Wild West Crypto Show
online podcast. Speaking to The Royal Gazette, he said: “The
deal-breaker for me was that I sent them [Arbitrade] a couple of dozen questions
last week, and they did not respond to any. I don’t think they had an answer
to my questions. They are saying they have $15 billion of gold, but the DIG
[dignity] coin is trading at less than a penny right now. If you have $15
billion, your name does not trade at $3 million on CoinMarketCap.”
Arbitrade’s board of directors last week said it was legally bound by
non-disclosure agreements and obligations, and had been “as open and
transparent as possible with Mr Moas on everything that the company was working
on which could be publicly shared”. The statement added: “The company recognizes
that Mr Moas has been a loyal supporter of Arbitrade and is an authority in the
blockchain space and, as a result, the company has not contradicted him up until
this point; however, this behavior has now become unacceptable. We trust that on
mature reflection Mr Moas would accept the position that the company is legally
bound to take as a result of the NDAs [non-disclosure agreements] to which it is
subject.” When asked what he felt now needed to happen Mr Moas, who owns three
million dignity tokens, said: “At the very least I want there to be full
disclosure before this gets listed on any other exchanges. I don’t think they
can clear this up unless they can show the $15 billion of gold.” The Royal
Gazette has sent a number of questions to Arbitrade and will publish further
news in the coming days.
Curtis
Dickinson, the Minister of Finance, joined business leaders in a panel
discussion looking ahead to next year. The 2018 year-end Briefing: The
Outlook for Bermuda in 2019, was hosted by the Institute of Directors Bermuda
and professional service company KPMG on Tuesday. In an hour-long talk, the
panel addressed critical themes that will be key over the next 12 months and
beyond, including the new economic substance regulations, immigration, taxes,
infrastructure and regulatory change. During the discussion, Mr Dickinson said:
“Bermuda is well on its way to enhancing provisions relating to economic
substance for registered entities with the Economic Substance Bill, which will
be read on Friday coming. The Government of Bermuda remains fully committed to
ensuring that Bermuda will not be on any EU list of non-compliant jurisdictions
and to that end, we will do all that is necessary.” Mike Morrison, chief
executive officer, KPMG Bermuda, moderated the discussion at the Hamilton
Princess and Beach Club. The rest of the panel was made up of Jeremy Cox, CEO of
the Bermuda Monetary Authority, Nathan Kowalski, chief financial officer at
Anchor Investment Management Ltd, and Will McCallum, head of tax at KPMG Bermuda.
Most
of the rezoning proposals sent as part of the development of a draft Bermuda
Plan want the removal of conservation protections, it has been revealed. The
Department of Planning said more than 200 rezoning proposals were received as
part of the consultation process and 177 of them dealt with protected areas. The
Draft Bermuda Plan 2018 review and strategy report, released with the draft
Bermuda Plan on Monday, said: “Of the 208 requests, 177, or 85 per cent of
them, involved the rezoning of conservation land. “A few of these requests
involved the swapping of areas to be zoned for conservation with no net loss of
conservation land but the majority requested the complete or partial removal of
conservation land.” The report said that the department’s approach to the
requests was to not support the removal of conservation zones unless there was
good reason. Examples included if a building has already been built in the area
with planning permission or if the conservation zone was replaced with a
similar-sized or larger zone on a reasonable location on the site. The report
said Riddell’s Bay was the subject of one of the most significant rezoning
requests, which proposed changing 22 acres for recreational conservation zone to
residential and changing another 70 acres to nature reserve, park, open space
and recreation zones. Another request suggested the creation of a new “coastal
residential zone”, which would allow further development of homes by the sea
and on small islands. Coastal reserve zones were introduced in 2008 to protect
coastal areas and small islands, which are vulnerable to flooding and erosion,
and to preserve the natural beauty of the areas. The report said: “The Bermuda
Plan 2008 permitted the development of recreational cottages in coastal reserve
areas, but this policy has proved difficult to enforce and restricts use of
these cottages for recreational uses only. As such, this policy has been removed
from the new plan. The new plan will continue to allow only limited development
in these vulnerable areas.” Sixty-eight requests involved the removal of
agricultural reserve zoning. The submissions said some land had not been used as
farmland for a prolonged period, the owner wanted to build on the land or the
area was not suitable for farming. The report said 738 acres of land are
reserved for agricultural use, but only about half is used. The report said the
Government had developed a crop strategy to help to reduce Bermuda’s
dependence on imported produce through an increase in domestic production. The
report added: “It is hoped that this will lead to a healthier and more
food-secure community where healthy fresh fruits and vegetables are more
accessible to everyone and where communities are encouraged to grow their own
food.” The report said the Bermuda National Trust and the Bermuda
Environmental Sustainability Taskforce reviewed the rezoning requests and
submitted their own views. It added: “These included the need for the new
Bermuda Plan to retain existing conservation lands, retain coastal reserve zoned
areas and require the replacement of any conservation areas that are developed.
It was also suggested that the Department should require greater setbacks for
industrial sites located next to conservation areas.” The report also
highlighted a 2008 report by the National Trust that warned of the threat of
climate change. It said strategies included in the Bermuda Plan are intended to
mitigate the risks caused by rising sea levels by limiting coastal development
and encouraging “green” infrastructure.
A
new plan for Bermuda could lead to more sidewalks in an attempt to boost health
and fitness. The draft Bermuda Plan 2018 review and strategy report said
that walking was a healthy way to get about; there were very few pedestrians
outside of Hamilton, Dockyard and St George’s. The report included the result
of a survey of the island’s roads, which mapped areas that did and did not
have sidewalks or verges that pedestrians could use. It said: “A detailed look
at the survey results indicate a notable lack of sidewalks in certain areas
including east Devonshire, west Smith’s, a large section of Southampton, north
Sandys, north and east Pembroke, south and east Hamilton Parish and portions of
St David’s. “Planning has a role to play in creating an environment which
would make walking more attractive and appealing. Planning policies can require
new or improved sidewalks to be built in certain locations and planners can
negotiate for sidewalk infrastructure improvements as part of development
proposals.” The report said a policy in the 2008 Bermuda Plan allowed the
Development Applications Board to require sidewalks be included on a site that
borders a main road. It added: “This policy will be retained and strengthened
in the new Bermuda Plan and the information provided from the Department of
Planning’s walkability study will be used to highlight priority areas for
additional sidewalk improvements.” The report said there had been an increased
focus on road safety in Bermuda and highlighted The Royal Gazette’s
Drive for Change campaign. The document added: “Planning policy and community
planning initiatives can assist the Drive for Change initiative’s objectives,
particularly regarding road design and management, street lighting and
community-wide road safety awareness. In addition, planners can advocate for the
provision of more and improved sidewalks to encourage greater walkability and
increased pedestrian safety.” The report also said the draft plan took into
account the increased use of electric vehicles in Bermuda. It added: “In order
to accommodate these, the new Bermuda Plan will include a policy requiring
electric vehicle charging stations for every ten parking spaces. In the November
2017 Throne Speech, Government announced a thorough review of transportation and
in March 2018, the Ministry of Transport and Regulatory Affairs launched a
Transport Green Paper survey to gauge public views on Bermuda’s public and
private transportation. Unfortunately, the results of this survey are not yet
available. However, it is anticipated that new legislation and policies will be
developed for a range of transport issues including public transport payment
options, road and traffic management, the ageing public bus and ferry fleet,
oversized vehicles, speeding and dangerous driving.”
Larry
Mussenden, the Director of Public Prosecutions has released a new guidance
policy intended to steer offenders away from the courts for some offences.
Mr Mussenden however warned: “Repeat offenders will not be granted cautions so
easily as we will not hesitate to prosecute such offenders.” Under the
guidance documents, officers ranked inspector or higher can issue a caution for
specified offences if the police determine it would be in the public interest.
The document said police should take into account any mitigating or aggravating
circumstances in eligible offences, with the decision being “solely within the
discretion of the police”. It says: “The purpose of a caution is to provide
a convenient administrative disposal of a criminal case deemed to be of lesser
severity. Typically this may be appropriate where the suspect has no prior
convictions or cautions for the same or similar offences and where the suspect
admits to the offence immediately or at a very early stage.” Several offences
are listed as being eligible for caution including common assault, criminal
damage, resisting arrest, disorderly conduct, public drinking and affray. The
document also lists mitigating and aggravating circumstances that police should
consider. In a statement released this afternoon, Mr Mussenden said: “The
general guidance is designed to allow our people and particularly younger people
the opportunity to pursue their life and career objectives and to be productive,
healthy and successful members of the community. I have drafted a general
guidance for a police caution policy for a range of summary offences that are
dealt with only in the Magistrates’ Courts. Guidance is also issued pursuant
to PACE section 37 to make members of the Bermuda Police Service aware of what
information is to be provided to the Director of Public Prosecutions and Crown
counsel to enable a charging or other decision to be made.” Mr Mussenden said
he had consulted with the Bermuda Police Service, and was grateful for their
support. The guidance states:
Mr Mussenden added: “Going forward, I will consider a guidance for cautions for other offences as well as taking a restorative justice approach for certain kinds of cases that aims to resolve issues between parties without the need for putting them in Court. I welcome any ideas from individuals or agencies on this topic.”
Politicians
are expected to take a stand against sexist online comments and a culture of
disrespect towards women after an Opposition MP asked parliamentary colleagues
to set an example. Patricia Gordon-Pamplin said Bermuda’s elected
representatives had a responsibility to conduct themselves appropriately and
that she hoped others would follow suit. It is understood the move came after
Wayne Caines, the Minister of National Security, posted footage online where he
asked a young woman serving in a London cereal café for “titty milk”. Ms
Gordon-Pamplin said this week: “Very recently, we had the situation with
respect to the online posting of the incident that happened with the minister in
London. The incident that was recently posted on social media gave me cause for
pause because it seemed to be a continuation of behavior that I’m beginning to
question is becoming entrenched, because it seems that people do and say what
they like and nothing is said or done about it. I think it’s unhealthy for the
community.” Ms Gordon-Pamplin was speaking after she gave notice of a motion
on Friday to ask the House of Assembly to condemn “the posting of
inappropriate and/or sexist comments on social media by Members of
Parliament”. The proposal asked MPs to support the inclusion of policies and
procedures in the Parliamentary Code of Conduct that will “embrace a culture
of respect towards women parliamentarians and women in general”. A debate on
the motion was expected to take place in a sitting of the House soon. Mr Caines
was in Britain for a forum on the blockchain industry and a meeting with the UK
National Crime Agency when he posted the recording online. The video led to a
backlash across the political divide and Mr Caines made an apology on Facebook.
The story was also picked up by British newspaper The Evening Standard.
David Burt, the Premier, said afterwards that the video displayed a “lack of
respect for women” and “poor judgment”. He also carpeted Mr Caines over
the controversy. Ms Gordon-Pamplin said she wanted to draw attention to sexism
and get the House to agree “that the behavior is unacceptable and we need to
at least take responsibility as leaders in the community to show that we can
treat people with respect”. Ms Gordon-Pamplin added: “If you start with
leadership, then the rest will filter down.” She said the incident should have
led to a personal explanation and apology in Parliament. The shadow health
minister added: “When you travel on government business, the taxpayers are
paying for you and if the behavior is inappropriate while you are traveling on
taxpayers’ dime, it would seem to me, at the very least, that you should deal
with the transgression. In the absence of the leadership stepping in and
determining that this was something that was worthy of having a public apology,
an explanation in the House of Assembly, then it just seemed to me that we
needed to do something.” She added her motion focused on broader concerns
related to sexist comments made on social media. Ms Gordon-Pamplin added that
decorum appeared to be “diminishing exponentially” and that she hoped One
Bermuda Alliance and Progressive Labour Party members would work together on the
problem. She said: “If we as leaders don’t present ourselves in such a way
to show that we have some level of decency and integrity then the person in the
street is going to think anything goes.”
Non-Bermudian
“belongers” are a step closer to representing the island at international
sporting events after the Supreme Court of Bermuda determined that all athletes
“deemed to belong” to the country are eligible for selection. Until the
judgment handed down by Chief Justice Narinder Hargun last Friday, only those
holding Bermudian status and, more recently, “deemed Bermudians”, were
considered eligible. In a case brought by two junior athletes against the
Bermuda Amateur Swimming Association, supported by Equal Opportunities in Sport,
highlighted that the Constitution defines all those who “belong” to Bermuda
as those holding Bermudian status, naturalized British Overseas Territories
citizens, their wives and children under the age of 18. Nick Williamson,
spokesman of Equal Opportunities in Sport, a group set up to promote
participation in sport, said he hopes the ruling will be welcomed by the Bermuda
Olympic Association and the governing bodies of all sporting federations in
Bermuda. “The recognition of all ‘belongers’ for national sports selection
should create a wider pool of potential athletes representing Bermuda in
international sporting events, which it is hoped will lead to even greater
sporting success,” he said. “We hope that this ruling will encourage
sporting federations and the BOA to recognize the positive benefits of an
expanded talent pool and the longer-term benefits to the whole community in
developing and retaining active sportsmen and women in Bermuda. There are
talented children in numerous sports such as cycling, swimming, triathlon,
cricket, hockey and football and we believe this ruling can have a positive
impact in the continued development of many of the excellent sporting programmes
the island has. It should also help bolster those sporting events where it is
often difficult to secure the right number of suitably qualified athletes from
such a small nation, such as swim relay teams.” A statement from BASA read:
“The Bermuda Amateur Swimming Association is pleased that the legal claim
brought against the charity has been dismissed without any award of damages or
costs. The charity takes no position on the constitutional issues decided by the
Supreme Court and will continue to focus on growing and strengthening the sport
of swimming in Bermuda.” Wayne Caines, the Minister of National Security, the
ministry responsible for immigration, added: “This judgment will be reviewed
against the background of best practice in the making of immigration policy
which requires fairness, the protection of Bermudian rights and a system that
reflects the expressed will of the people of Bermuda.” The judgment of the
Chief Justice follows on the heels of a Court of Appeal decision from 2016,
confirming that Bermudian and non-Bermudian “belongers” should be treated
equally in terms of employment restrictions, owning shares in a local company
and acquiring land in Bermuda without restriction on the same basis as
Bermudians. On the eligibility ruling, Stan Douglas, the BOA general secretary,
said: “We will be getting together with some learned minds to see where we
stand following the ruling.” David Sabir, president of the Association of
National Sport Governing Bodies, said the 28 national sports governing bodies
had not yet met to discuss the implications of the ruling. “As of yet, we
don’t know the entire scope of what this ruling actually represents,” Sabir
said. “In due course, I’m certain the relevant bodies will make very clear
what the ruling actually represents, how it will be applied, the significance it
represents to national bodies and, in particular, to international
representation.” Peter Dunne, the Bermuda Bicycle Association president,
believes much will depend on the stance of each individual world governing body
regarding which athletes are deemed eligible to represent Bermuda. “The
ability to participate in events where nationality is a criteria is generally
regulated by the sanctioning body of the event,” Dunne said. “When I take an
athlete to the UCI [International Cycling Union] World Championships, Bermuda
issues a licence in which we have to identify the athlete’s nationality. We
ask the applicant to provide a copy of their passport, therefore identifying
their nationality. That’s our normal process. If people who don’t hold that
standard documentation are considered nationals for the purpose of sporting
competition, there still needs to be some sort of documentation. The situation
we’re in now following this ruling is that we need to obtain clarification
from the UCI on what documentation they will accept in order to confirm the
nationality of these individuals.” Dunne believes that deepening the pool of
individuals eligible to represent Bermuda could have a positive impact for the
island’s performances at international level. “The more people we can have
who are eligible to represent Bermuda at international level is going to help
advance sport,” he said. “As administrators, we have to understand who that
is.”
Following
the success of the inaugural International Cyber Risk Management Conference,
Bermuda, organisers are making plans for the event to return next year. The
conference attracted 206 delegates, which included cyber-risk professionals and
industry executives from across Canada, the US, UK, and Bermuda. Almost half of
the delegates consisted of C-suite level executives. Bill Stewart, division
president, Global Cyber Risk Practice, Chubb, said the conference offered “the
perfect blend of cyber technical content as well as international insurance
market perspective in an environment that was highly conducive to networking. I
highly recommend this conference for anyone that is serious about understanding
this rapidly evolving market place”. Joel Baker, president and chief executive
officer of MSA Research, the producer of ICRMC, said: “We are thrilled with
the feedback we’ve heard from delegates on our first event in Bermuda. We are
grateful to the BDA (Bermuda Business Development Agency) for their support, and
to the many industry leaders for adding their expertise, and perspectives.
“The discussions were provocative given recent breach events including the
Marriott and Starwood breach. How much data should be asked of consumers, and
the responsibilities that come with its collection warrant strategic
consideration in terms of customer experience and cybersecurity.” The event
was held at the Hamilton Princess & Beach Club. Delegates shared experiences
and best practices that will help them manage the risk and impact caused by a
cyber breach and discussed risk trends and challenges faced within the insurance
industry as it pertains to cyber-risk. Cyber insurance featured prominently in
the conversation, ranging from pricing to product trends and evolving buyer
needs. The discussion also included how blockchain and artificial intelligence
can be used in cyber-risk management, as well as a perspective on Bermuda’s
expertise and offer as a regulatory jurisdiction and centre of excellence for
insurance. More than 19 companies participated as sponsors or supporters of the
event including the BDA as the signature sponsor, as well as Deloitte and Slice
Labs as platinum sponsors. Other sponsors included major insurance companies,
security firms, technology companies and law firms, along with several Bermudian
insurance-focused associations. Darius Delon, president of Risk Management 101
and past chairman of RIMS Canada Council, said: “The speaker list was
extremely talented — with some of the speakers having spent a portion of their
careers doing cyber-risk management for the Secret Service, FBI and the
Department of Justice. The in-depth stories during the socials added another
level to the event and I learnt as much there as during the sessions. I have
already pencilled in December for the next ICRMC.” ICRMC will return to
Bermuda next year from December 4 to 6.
A
gas station’s Christmas toy drive has teamed up with a holiday festival. Terceira’s
service station has joined forces with Gina Spence Productions’ annual
Christmas Community and Outreach Festival, which will move from its original
home on Court Street to the Warwick gas station. The festival will get all the
toys handed in at the gas station on South Road and pass them on to children in
need. Ms Spence, who grew up in Warwick, said the parish was the best place to
hold the event. She explained: “Warwick is a very vastly populated community
and there are people from all walks of life from children to seniors who live in
this community. I think the partnership worked really well for us because now we
can really develop the event around a specific parish.” Teddy Terceira,
general manager of the gas station, said the partnership was a good chance to
give back to the community. He added: “It’s our first run, but I hope next
year I’ll be able to do this again with Gina and we can make it bigger and
better.” The toy drive is just one of the charitable activities carried out by
Ms Spence’s organisation over the festive period. Children will also get a
“healthy food hamper” to help provide them with nutritious food after the
traditional holiday fare. Families and seniors will also get Christmas food
hampers and pharmacy gift cards will be available for seniors registered for
financial assistance. Ms Spence said: “We want to make sure we help as many
people as possible. Everything in the Christmas hampers is prepackaged. It comes
with instructions on how to cook each meal and every aspect of it is made to
empower the parent and the family.” Ms Spence added families receiving
donations should bring identification in order to get their hampers. The event
will be open to the public and offer food, entertainment, fitness
demonstrations, and health checks. Gospel duo Last Call and entrants to the
Bermuda Teen Idol competition will also perform. A “Kiddie Land” area will
also be available for children, with a face-painting station, bouncy castles,
and a visit from Santa. Karate demonstrations will also be on show. Ms Spence
said that the event will be held under a tent, but will be moved indoors if the
weather is bad. She added: “Everything there is free and we do it specifically
because we try to encourage people to bring their whole family. A lot of the
time for people it’s about the cost, so now you can take your family to a free
event, eat free food, have free access to activities and celebrate the
holidays.” The event will be held on Saturday from 11am to 4pm.
Ed,
the London-based reinsurance, wholesale and specialty broker, plans to open an
office in Bermuda. The operation, which is pending approval from the Bermuda
Monetary Authority, will be built and led by Chris Bonard, chief executive
officer of group production at Ed Broking. Mr Bonard was part of the executive
team that launched Ed into the market in September 2016. “Bermuda represents
an obvious opportunity for us to better serve our customers for whom the island
is an important market,” Steve Hearn, group CEO of Ed Broking Group, said in a
statement. In October Ed Broking announced that it is to be acquired by BGC
Partners, a global brokerage and financial technology company, subject to
regulatory approval. Mr Bonard will report to Mr Hearn, who will become head of
the new BGC insurance division on completion of Ed’s acquisition by BGC.
“With a business that already spans key markets in Asia-Pacific, the Middle
East and Europe, we’ve been keen to further enhance our commitment to the
North American market,” Mr Bonard said. “I look forward to the opportunity
to shape our strategy in Bermuda, deepen my existing relationships with clients
in the US, Canada and the Caribbean — and to seek out fresh ones.”
Dr.
Clarence “Tessi” Terceira, one of the founding members of the United Bermuda
Party, has died, aged 91. Former Cabinet Minister Dr Terceira passed away
peacefully at his Pembroke home early yesterday morning, according to his
daughter, Joy Pimental. She said he had been ill for some time. He leaves behind
his second wife Joan, sons Paul and Timothy, daughters Joy and Lesley, and
stepdaughter Karon, as well as five granddaughters and two grandsons. His first
wife died in 1990 and he had a grandson who died in 2005. Dr Terceira was a
founder member of the UBP in 1963, becoming the party’s first treasurer in
1965. He served in the UBP Cabinet, holding the portfolios for education, health
and works and engineering at various times. As works minister, he oversaw the
construction of the dual carriageway on East Broadway, which was known as
Tessi’s Highway at the time. He later used the phrase for the title of his
autobiography, published in 2013.
New,
wide-ranging fee increases by the Bermuda Monetary Authority have been approved
by the Bermuda Government. However, the changes will be phased in over a
three-year period rather than two years as had originally been proposed. A
review this year concluded that the BMA will require up to 39 additional
full-time staff by 2020 to continue effectively discharging its duties, while
its annual operating costs have been projected to rise to $61 million by 2020,
up $11.7 million on last year. Against this backdrop, Curtis Dickinson, Minister
of Finance, passed an order in the House of Assembly on Friday that provides for
amendments to the fees charged by the BMA. Insurance and reinsurance companies,
banks, corporate service providers, trusts and credit unions will be among those
affected by the changes. Mr Dickinson made reference to the review conduced by
the BMA with assistance from an international consulting firm, that resulted in
fee change proposals. The authority recorded a budget deficit of $1.63 million
last year, its fifth annual shortfall in the last decade. It expects to record a
further operating loss this year. It has previously covered budget shortfalls
from its general reserve account. Last year its reserves shrank by $2.1 million.
As a regulator, the BMA works to protect and enhance Bermuda’s reputation and
position as a leading international financial-services centre. It has said it is
enhancing its risk-based supervision approach, coverage and service levels;
meeting evolving international standards, but to do so it needs to further
enhance its operations and add to its supervisory resources. One way this can be
achieved is by raising fees. Mr Dickinson said the BMA recognized market
conditions remain challenging in a number of regulated sectors, and this had
been taken into account when the proposed revised fees were assessed. During the
global financial crisis that started around 2008, and continuing in recent
years, fee increases by the BMA were moderated to reduce the impact on the
financial-services industry. Mr Dickinson said: “This has, however,
contributed to the authority operating at a deficit, with resultant budget
shortfalls being covered from existing reserves.” He added: “Consequently,
certain existing fees will be adjusted and/or new fees be introduced to reflect
the authority’s resource utilization for these ongoing supervisory activities.
Also, the basis on which fees are charged will be simplified so that entities
will find it easier to determine what fees they need to pay.” One of the four
guiding principles that will inform the revised fees is the need for the island
to maintain its competitiveness and “account for pricing relative to peer
regulatory bodies to ensure Bermuda remains competitive”. Mr Dickinson said
that during the consultation process and subsequent meetings between the BMA and
industry stakeholder groups, the most prevalent comment was the need for the fee
changes to be phased in over a longer period of time, which has resulted in the
proposed timescale being altered from two years to three. He added: “The
insurance industry’s request that the authority have greater flexibility
regarding fees to be applied in specific circumstances, such as where affiliated
insurers have similar risk profiles and in cases where combined application fees
would otherwise be payable, has also been addressed via separate creation [in
the Insurance Act] of a power to exempt or reduce fees.”
A
surge in work-permit approvals emerged in figures provided in the House of
Assembly for September through November. Work-permits applications suffered
a backlog earlier this year, and the minister in charge switched on November 1
in a Cabinet reshuffle. Walton Brown, now the Minister for the Cabinet Office,
had covered immigration as the Minister of Home Affairs. The responsibility for
work permits was transferred to the national security portfolio, held by Wayne
Caines as part of the Cabinet changes. MPs heard in Parliament last month that
Mr Caines was “aggressively tackling” a backlog in work permits. On Friday,
Mr Caines gave MPs figures for one to five-year work permits granted from
September to November — a total of 1,350. The numbers of permits in the
category more than doubled over the three months. There were 273 approved in
September, 480 in October and 597 in November. Permits were also broken down by
category, with the highest number for short-term permits. The total number of
work permits approved between September and November was 2,205. There were 538
granted in September, 836 in October and 831 in November. Mr Caines was speaking
after parliamentary questions from Sylvan Richards, the Shadow Minister of Home
Affairs. The details came as David Burt, the Premier, deferred answers to two
written questions from the Opposition. Craig Cannonier, the Opposition leader,
requested the number of jobs created by the incorporation of 44 fintech
companies, along with job titles and numbers of Bermudians employed. Michael
Dunkley, a One Bermuda Alliance backbencher, also requested travel details for
trips paid out of the consolidated fund by government MPs and senators between
July 19, 2017 and November 23, 2018. Mr Burt was allowed under House standing
orders to defer the answers.
Department
of Public Transportation staff have come together to support a former colleague
with a donation to help with medical expenses. Today they handed a cheque
for $2,260 to the family of Anthony Lodge, a former dispatcher and inspector
with the department. The staff pitched in with bake sales, lunches and other
fundraisers to help out with the cost of a heart transplant for Mr Lodge, who
went to the United States in June. A spokesman said that Mr Lodge will need to
stay overseas for postoperative care if he is successful in receiving a heart.
Tori Burchall, the operations manager at the department, said staff were happy
to do their part for Mr Lodge, who “has always been a great colleague and
friend”.
Police
named a man shot dead outside his home as Paul Johnson, as they announced a
21-year-old man had been arrested in connection with the murder. Officers
said they believed Mr Johnson, 33, was gunned down by a man who had lain in wait
at his house in Pembroke’s Rambling Lane in the early hours of yesterday. Mr
Johnson suffered several bullet wounds after he arrived home about 3am and was
later pronounced dead by doctors at the King Edward VII Memorial Hospital. Chief
Inspector Arthur Glasford said police converged on the scene after several 911
calls to report gunshots in the Rambling Lane area. Mr Glasford said: “Upon
police arrival, they came upon a male lying on the ground outside of his
residence. Police commenced CPR and other life-saving measures and he was
subsequently taken to King Edward VII Memorial Hospital where time of death was
certified at 3.33am.” Mr Glasford said it was too soon to say if the murder
was gang-related, or if it was connected to an attempted shooting in nearby
Happy Valley Road less than two weeks ago. He declined to say whether Mr Johnson
was known to the police. Mr Glasford said detectives wanted to speak to the
driver of a grey car who transported Mr Johnson to a business on Hamilton’s
Church Street early yesterday. He added that the police’s response to gun
crime was effective, despite a string of violent incidents in recent weeks. Mr
Glasford said: “There is a lot of work that we do in the background that the
public may not be aware of where we act on information and intelligence
received. We do our part based on the information we have and put plans in
place, but we also have to depend on the community and members of the public to
come forward.” He said some members of the public co-operated in the inquiry
but that “there are still persons reluctant to come forward”. Gina Spence, a
community activist, highlighted that yesterday’s incident was the third in
recent weeks to have happened in a densely populated area. She said: “My
concern is about not just the loss of life, it is that the last three shootings
— the one in Friswells Hill, the one in Happy Valley, and then this last one
— they all took place at people’s front doors. Any child, any neighbour,
anybody, could’ve been walking in that space.” Ms Spence, who went the scene
of yesterday’s murder, said adults and children saw Mr Johnson’s body lying
in front of his home. She added: “I’m always concerned when a child who
witnesses this shows up at school. What’s the protocol? What do we do for that
child? How do we service them? It can’t be generic counselling — it’s
homicide.” Witnesses or anyone with any information about Mr Johnson’s
whereabouts on the night of his death should call Detective Sergeant Jason Smith
on 717-0864 or e-mail jsmith2@bps.bm.
People can also contact the independent and confidential Crime Stoppers hotline
on 800-8477.
Bermuda’s
public school system is past fixing, the president of a primary school
parent-teacher association warned yesterday. Danielle Riviere, the president
of the West Pembroke Primary School Parent Teacher Association, said that it was
time that the island admitted “that the education system is broken”. She
added: “It’s time to change the conversation from how to fix it to how to
replace it.” Ms Riviere was speaking after a mass sick-out yesterday by
teachers, who are expected to return to classrooms today. Commissioner of
Education Kalmar Richards said last night that Ministry and Department of
Education leaders would meet with Bermuda Union of Teachers representatives
today, under the guidance of a Labour Relations Officer. Ms Richards said: “We
remain optimistic that we can resolve the issues at hand, together.” Ms
Riviere said that problems with the public school system were not new. She added
that the state of the system was at “an all-time low”. Ms Riviere said:
“Now we have a situation that appears to be a literal standoff between the
Ministry of Education and teachers.” She said that she backed the industrial
action taken by teachers. Ms Riviere explained: “They are on the front lines
and have to deal with the constant ramifications of an inept system.” She
added: “We need immediate solutions to the current issues plaguing our
schools, student behavior issues, lack of learning support teachers, technology
upgrades and the standards-based grading debacle. We need the education ministry
and department not to bend to the will of the teachers but to find the funds and
wherewithal to create an environment that allows teachers to teach in a manner
reflective of the 21st century in a country deemed to be affluent.” Almost all
the teachers at West Pembroke called in sick last month over a range of
complaints, including a shortage of teaching assistants. Ms Riviere warned at
the time that similar action could be repeated at other schools. Teaching
assistants across the island staged a similar sick-out last Friday. Anthony
Wolffe, vice-president of the Bermuda Union of Teachers, confirmed yesterday
that industrial action would not continue today. Mr Wolffe said: “Schools will
be open. Teachers will be at their positions.” But he added that teacher
morale was at an “all-time low”. Mr Wolffe said yesterday that industrial
action was the only way to get the education ministry to deal with “grave
concerns” raised by the union. He added: “We are here in an attempt to save
public education for the future of our children.” Mr Wolffe said that the BUT
had given the Government a list of 23 problems that had to be tackled. He added:
“First, we demand the retraction of the use of standards-based grading until
there is proof, with supporting data, that the infrastructure is in place for
its implementation and that all teachers are properly trained and have mastered
its use.” Other worries included inadequate staffing and resources, technology
problems and health and safety fears. Ms Richards asked the union yesterday to
order its members to return to work. She said: “We are ready to re-engage with
the BUT, through the Labour Relations Office. We see this as the best way
forward for the sake of our children.” Ms Richards said that the new
standards-based grading system had been the main concern raised by the union in
recent months. Diallo Rabain, the Minister of Education, announced last Friday
that teachers would be given training in the new pupil grading system next
month. Shannon James, the president of the BUT, said that yesterday’s
industrial action by teachers and principals showed “how strongly they feel
about the issues within education”. He added: “While the actions teachers
have taken have very regrettably affected students, they feel that the issues
that remain outstanding have an even greater impact on our young people. We need
to get this resolved and I would invite the minister — and the Premier — to
sit down with us and find a way forward. No teacher wants to harm the education
of our young people and all teachers want to resolve this situation so they can
do what they love doing — helping Bermuda’s young people.” Ms Richards
said that additional concerns had been submitted to Mr Rabain by the BUT on
November 29 and that the minister had met union executives on December 3. She
added: “There was no indication on the part of the BUT that they were
dissatisfied with the process that was being followed to address their concerns.
In fact, one of the BUT leaders stated that the ongoing communication was
beneficial.” Mr Rabain said yesterday that he had backed off on plans to
insist that teaching assistants provide a sick note for their absence last week.
He added that he had changed his mind in “the interest of strengthening
relations with the BUT and focusing on working to fix the problems”. Mr Rabain
said: “Consequently, no teacher will have to submit a sick note explaining
their absence last week.” He said the Government would continue talks with the
BUT “to address the concerns they have raised and to ensure that the interests
of our children come first”.
Thomas
Lightbourne has been hired as brand events manager, the Bermuda Tourism
Authority announced today. The young Bermudian talent moves over from the
Corporation of Hamilton where he had eight years of experience in event
management and marketing, including responsibilities for City Food Festival and
Bermuda Fashion Festival. When he joins the Bermuda Tourism Authority’s public
relations team in New York City, Thomas will be in charge of translating Bermuda
brand concepts into real-life experiences at special tourism events, trade shows
and client affairs. He starts in the new role January 7, 2019 and will hit the
ground running with Bermuda tourism marketing events scheduled in New York City,
Boston and Philadelphia during February and March. “Event marketing is a major
part of what we do at the Bermuda Tourism Authority to convey the distinct vibe
of the island in a way that sets her apart from other destinations,” said
Victoria Isley, chief sales and marketing officer. “Thomas’s event
experience and passion for Bermuda make him a great fit as brand events manager
— we can’t wait for him to get started.”
BF&M
Ltd posted net income of $16.9 million for the first nine months of the year,
helped by an 8 per cent reduction in operating expenses. The profits were up
threefold from last year’s corresponding period, when hurricane losses in the
Caribbean islands impacted results. John Wight, BF&M’s chief executive
officer, said: “BF&M reported strong earnings for the nine months in 2018,
along with strong operating results for the third quarter. “Our earnings were
driven by the solid performance of both the life and health business and
property and casualty operations, with continued support from income on
non-insurance operations.” The company said operating expenses fell 8 per cent
to $46.2 million for the period. Gross premiums for the nine months totaled
$262.3 million, reflecting an increase of 2 per cent from the corresponding 2017
period. BF&M offers property and casualty products as well as health, life,
annuities and pension products, and investment advisory services. Mr Wight
added: “Our strategy of diversification by geography and by line of business,
and our leading financial strength ratings continue to form the cornerstones of
our success.” Equity attributable to shareholders at September 30, 2018 was
$273.3 million. General fund assets totaled $1.3 billion of which $163.8 million
was held in cash and cash equivalents. Commission and other income increased
from the prior year by 7 per cent to $38.8 million. The company said “2017
hurricanes continued to negatively impact commission income in the current year,
but the impact was more than offset by commissions earned on additional
reinsurance coverage and higher levels of proportional reinsurance ceded due to
changes in our reinsurance programme and profit share reported on non property
business”. Investment income for the year reflected a $14.6 million decrease
in the fair value of investments for the period, compared to an $8.9 million
increase in 2017. As a result of the company’s disciplined asset-liability
matching policy which looks to limit volatility of reported earnings as a result
of interest rate swings the Company reported a $3.9 million net gain on the
difference between the fair value of investments which support certain
liabilities and reported reserves. Short-term claims and adjustment expenses
fell 32 per cent to $19.4 million of which $12.5 million was a decline from 2017
storm claims. Life and health policy benefits decreased by 20 per cent to $65.6
million. “Life and health policy benefits” includes changes in life
insurance reserves which decreased in 2018 compared to a smaller increase in
2017 in the same period. These reserve movements were primarily driven by
differences in market interest rates over the respective periods.
Revenue
guarantees paid to airlines should be a shared responsibility, the tourism
minister has said. The move is an apparent softening of the line Zane
DeSilva took in the House of Assembly last month when he insisted airport
operators Skyport should foot the bill for the cash paid to airlines. Mr DeSilva
said last week that minimum revenue guarantees, up to $2 million a year in some
years, should be divided among tourism industry players. He said: “You can
call it a minimum revenue guarantee or marketing, but at the end of the day, no
matter what we call it, all the stakeholders should have skin in the game. I’m
not saying that the Bermuda Tourism Authority, Bermuda Government or Skyport
should bear the brunt entirely or individually, but Skyport, who are now
recipients of all the income for the airport, should play their part, whether
that’s 70 per cent, 80 per cent or 25 per cent. All I can tell you is that as
far as I’m concerned, it’s not on my agenda for us, the Government, to pay
in its entirety.” Mr DeSilva told the House last month that it was
“unthinkable that we would sit idly by while taxpayers are forced to bear a
financial responsibility that rightly rests with Skyport”. He added that the
Government was not on the hook for the minimum revenue guarantees at present.
The minister did not elaborate in his latest comments, saying that the
guarantees were confidential. Mr DeSilva added: “I think most in the industry
know MRGs are agreed from time to time. When MRGs are in place, it ultimately
comes from the taxpayer.” The payouts to airlines appeared in the annual
financial statements for the Government’s Consolidated Fund. Later statements
referred to air service agreements with unnamed “commercial airlines” rather
than specific airlines. Two airline agreements were vested in the newly created
Bermuda Airport Authority in March 2017 and the Government established letters
of credit with HSBC for $500,000 and the Bank of Butterfield for $100,000. The
Government’s estimated liability for air service agreements was $1.15 million
on March 31, 2016, but the report noted an additional agreement signed in
October 2016 which put the public purse on the hook for an additional $552,000.
The 2015 financial statement for agreements with two airlines gave an estimated
liability of $1.18 million. That report also listed an additional air service
agreement in September 2015, with the Government entering an irrevocable letter
of credit with Butterfield Bank for $900,000. The Government’s agreements had
gone from two to three airlines, with an estimated liability of $2.72 million in
2014. The report for the year ended March 31, 2013 gave the total payout as
$1.63 million. The statements for the 2011-12 financial year revealed that in
February 2012 the Government paid American Airlines $361,536 under its air
service agreement, which required the island to compensate the company for any
shortfall in its minimum revenue on its Bermuda-Miami service. WestJet was given
more than $3.7 million between August 2011 and June 2012. The BAA was set up as
a government quango to take over from the Department of Airport Operations,
under the airport redevelopment deal with the Canadian Commercial Corporation
and the contractor Aecon.
Seniors
are expected to see an increase in their pensions after MPs backed a rise in
payments. Legislators supported raising the amount by 1.4 per cent although
Opposition members claimed the rate was “embarrassing”. Curtis Dickinson,
the Minister of Finance, presented the Contributory Pensions (Amendments of
Benefits) Order 2018 to the House of Assembly on Friday. He said: “This is a
reflection of Government’s resolute and unwavering commitment to improve the
quality of life of our senior citizens. You will recall in the Government’s
2017 election platform it was declared that this Government would put our
seniors first and institute annual cost of living increases for social insurance
pensions that will be linked to the rate of inflation and can help lessen the
hardships that too many of our seniors now endure.” He said the Order was to
increase pensions and other benefits under the Contributory Pensions Act 1970 by
1.4 per cent backdated to last August. Mr Dickinson said that represented an
additional cost of $2.3 million a year for the fund. The House heard the basic
contributory pension would rise from $1,049.68 to $1,064.37 a month, and the
maximum paid out would increase from $1,531 to $1,545.62 a month. Mr Dickinson
said it was the 12th pension increase by Progressive Labour Party governments
since 1998. Members heard the consumer price index found cost of living had
increased by 1.4 per cent since the last rise The minister said the increase in
payments would normally be accompanied by a corresponding increase in
contributions but this would be delayed until changes to Bermuda’s social
insurance system — based on percentage
of income — were laid out. Mr Dickinson said: “Contributions were last
increased in August 2018 by 4.2 per cent. Considering the relatively strong
position of the fund, it is anticipated that the fund can withstand the one-year
delay in contribution increases. However, it is critical that the increased
contributions come into force in August 2019.” MPs heard that at September 30,
the fund’s assets stood at more than $1.9 billion, which was 11.7 times the
annual value of benefits paid in 2017-18 — a “relatively high rate of
funding”. Patricia Gordon-Pamplin, the One Bermuda Alliance finance
spokeswoman in the House, said: “This is the lowest pension increase that this
Government has afforded to our seniors, many of whom are struggling severely,
since they came into office in 1998. At 1.4 per cent I would have been
embarrassed to bring this to this honourable House. What it appears is that the
minister and the Government are doing not much more than ticking the boxes.”
She predicted others would criticize the OBA for fewer pension payments during
its term leading the country from 2012 to 2017 but claimed austerity measures
needed at the time were significant. Ms Gordon-Pamplin added: “If things are
as wonderful as the PLP Government would have us believe they are, they should
be ashamed of themselves to come to seniors with a 1.4 per cent increase.”
Wayne Furbert, the Junior Minister of Finance, asked: “Are you trying to tell
me that this Government, who’s made a commitment to the people of Bermuda, the
seniors, that it will given an increase every year while they are the
Government, is wrong?” Michael Dunkley, an Opposition backbencher, said: “In
reality 1.4 per cent is a very small increase.” He added: “We need to make
sure that we shore up our pension funds as much as we can and I will be
interested to see how the Government will be doing it going forward.” David
Burt, the Premier, said: “We promised the people of this country that we would
deliver pension increases in line with the cost of living. That is what we
promised and that is what we deliver.” A statement later released by the
Government confirmed seniors can expect to see the increase in their payment
next month.
An
Opposition backbencher has hit back at “insulting and disparaging
statements” about him by the public works minister. Trevor Moniz said
Lieutenant-Colonel David Burch had attacked him and the One Bermuda Alliance
last month and accused the former government of cutting back an affordable
housing project in Dockyard. Colonel Burch also told MPs that prefab materials
had deteriorated during five years in storage after the 100 Homes Project was
cut down to 20 residences. But Mr Moniz, a former public works minister, told
MPs Friday that the OBA had been clear in its criticism of the project before
the 2012 General Election that gave the party the Government. Mr Moniz said
“it was, therefore, no surprise” that in January 2013 the scheme was scaled
back. Mr Moniz said the OBA saw the “abject failure” of Warwick’s Grand
Atlantic affordable housing project, where only two units were purchased, as
proof that the island had more than enough housing after “a major exodus” of
residents under the Progressive Labour Party. He added: “The fundamental
disagreement is with the minister’s contention that there is a shortage of
adequate housing.” Mr Moniz said that cutting the project had saved $11
million and spared the area from “an unacceptably dense housing
development”. He also objected to being blamed for the storage of leftover
material as he had left the portfolio in December 2013. Mr Moniz told the House
that the spare prefabs had been left in the care of the West End Development
Corporation.
Bermuda’s
chief medical officer is to be released from routine administrative tasks under
new legislation approved on Friday by MPs. Kim Wilson, the Minister of
Health, said requirements for the job had included “wholly inappropriate”
tasks. These included oversight of the storage of manure, which she said was
best transferred to the Environmental Health Officer. Ms Wilson told the House
of Assembly that Cheryl Peek-Ball, the CMO, had her role mentioned in 26
different pieces of legislation, which created an “untenable” amount of
duties. She added: “We have undertaken reviews of all Acts and legislation
where the CMO is referred to and have made amendments where a different person
or organisation is better for that role.” Patricia Gordon-Pamplin, the Shadow
Minister for Home Affairs, signaled the Opposition’s support for the
“housekeeping” legislation. The House of Assembly also gave the green light
to the Allied Health Professions Act 2018, which brings five new professions
under regulations for registration, the handling of complaints and disciplinary
procedures. Acupuncture, chiropractors, counselors, massage therapists and
social workers will all now be included in the legislation.
A
mass sick-out by schoolteachers closed public schools across the island today.
But instructors will be back in the classroom tomorrow, a union representative
confirmed this afternoon. Anthony Wolffe, vice-president of the Bermuda
Union of Teachers, confirmed that job action taken today would not continue
tomorrow. Mr Wolffe said: “Schools will be open. Teachers will be at their
positions.” He added that teachers would remain on the job as long as
discussions between the Ministry of Education, the union and the Labour
Relations Office “are going successfully”. Mr Wolffe was speaking after
Kalmar Richards, the Commissioner of Education, this afternoon called on the BUT
“to ask members to return to their respective schools tomorrow”. She added:
“We are ready to re-engage with the BUT, through the Labour Relations Office.
We see this as the best way forward for the sake of our children.” Ms Richards
said that the new standards-based grading system had been the main concern
raised by the union in recent months. Diallo Rabain, the Minister of Education,
announced on Friday that teachers would be provided with instructions next month
on the new pupil grading system. Shannon James, the president of the BUT,
earlier said teachers were “confused” on the grading system. Ms Richards
said that additional concerns had been submitted to Mr Rabain in writing by the
BUT on November 29. She added that the minister had met with union executives on
December 3. Ms Richards said: “There was no indication on the part of the BUT
that they were dissatisfied with the process that was being followed to address
their concerns. In fact, one of the BUT leaders stated that the ongoing
communication was beneficial.” A spokeswoman for the Ministry of Education
confirmed the job action this morning. She said: “The Ministry of Education
regrets to inform the public that due to an island-wide industrial action by
teachers, all public schools will be closed today. The ministry is working
diligently to attain a swift and amicable resolution to this dispute to ensure
the safety and educational security of our children. The ministry apologizes to
Bermuda’s parents and students for the inconvenience.” Danielle Riviere, the
president of the West Pembroke Primary School Parent Teacher Association, said
that problems with the public school system were nothing new. But she added:
“Now we have a situation that appears to be a literal standoff between the
Ministry of Education and teachers.” Ms Riviere said that she backed the
industrial action taken by teachers. She explained: “They are on the front
lines and have to deal with the constant ramifications of an inept system. We
need immediate solutions to the current issues plaguing our schools — student behavioral
issues, lack of learning support teachers, technology upgrades and the
standards-based grading debacle. We need the Education Ministry and Department
not to bend to the will of the teachers but to find the funds and wherewithal to
create an environment that allows teachers to teach in a manner reflective of
the 21st Century in a country deemed to be affluent.” She said that it was
time to acknowledge that the education system in Bermuda was “broken”. Ms
Riviere added: “It’s time to change the conversation from how to fix it to
how to replace it.” Almost all teachers at West Pembroke called in sick last
month over a range of complaints, including a shortage of teaching assistants.
Ms Riviere warned at the time that similar action could be repeated at schools
across the island. Mr James said that the job action by teachers and principals
showed “how strongly they feel about the issues within education”. He added:
“While the actions teachers have taken have very regrettably affected
students, they feel that the issues that remain outstanding have an even greater
impact on our young people. We need to get this resolved and I would invite the
minister — and the Premier — to sit down with us and find a way forward. No
teacher wants to harm the education of our young people and all teachers want to
resolve this situation so they can do what they love doing — helping
Bermuda’s young people.” Mr Rabain announced this morning he had backed off
on plans to require that teaching assistants provide a sick note for an
island-wide sick-out last Friday. Mr Rabain said that move was made in “the
interest of strengthening relations with the Bermuda Union of Teachers and
focusing on working to fix the problems. Consequently, no teacher will have to
submit a sick note explaining their absence last week.” Mr Rabain said the
Government would continue talks with the BUT “to address the concerns they
have raised and to ensure that the interests of our children come first”.
Evelyn James-Barnett, director of communications for Bermuda College, said that
the college remained open today and that exams would be held as scheduled.
Appleby
in Bermuda noted via its website the following relating to The EU Code of
Conduct Group (the Code Group) that assessed the tax policies of a range of
countries, including Bermuda, in 2017. Following assessment by the
Code Group, Bermuda was included in a list of jurisdictions which are required
to address the Code Group’s concerns about ‘economic substance’.
Like their counterparts in BVI, Cayman, Guernsey, Jersey and Isle of Man, the
government of Bermuda has been working closely with the Code Group to ensure
that those concerns are adequately addressed. As a result of this
engagement, a bill entitled the Economic Substance Act 2018 (Substance Act) was
tabled on Friday 7 December 2018 in Bermuda's House of Assembly. Who is subject
to Economic Substance Requirements? The Substance Act applies to “registered
entities” which means companies subject to the Companies Act 1981 and
companies formed under the Limited Liability Company Act 2016. A registered
entity will be in scope of the Substance Act if it conducts a relevant
activity. The relevant activities are:
A registered entity conducting a relevant activity will satisfy the economic substance requirements if:
How will a company be assessed on compliance? The Minister of Finance (Minister) will determine, based on the Declaration filed by the registered entity (see further below), whether a company is compliant with the economic substance requirements. Regulations (Substance Regulations) will be issued by the Minister which will set out the factors which the Minister will consider when assessing compliance with the Substance Act.
How is “adequate” to be assessed? The Substance Act does not impose a minimum annual expenditure nor a minimum number of employees in order to satisfy the economic substance requirements. Rather, “adequacy” will be assessed based on the particular circumstances of the registered entity. Guidance notes (which will include illustrative examples of CIGA for each of the relevant activities) will be issued by the government in due course to facilitate assessment of and compliance with the economic substance requirements.
Reporting Obligations: Economic Substance Declaration. Registered entities which are in scope of the Substance Act will be required to file on an annual basis an economic substance declaration (Declaration) with the Registrar of Companies (Registrar), confirming that the company complies with the economic substance requirements. The Declaration will require the disclosure of certain key information applicable to an analysis of substance requirements, including the type of relevant activity undertaken, details of the management of the entity and its physical office location.
Compliance and Enforcement. The Registrar will have monitoring and enforcement powers under the Registrar of Companies (Compliance Measures) Act 2017 and will have the power to fine an entity for non-compliance. Continued failure to meet the substance test may result in higher fines and could lead to the Registrar applying to the Bermuda Court to make an order requiring a non-compliant entity to take action to satisfy economic substance requirements.
Implementation Period. The proposed commencement date for the Substance Act is 1 January 2019 and the new regime will be immediately applicable to new registered entities incorporated or registered after this date. For existing companies, there will be a 6 month transitional period.
What can Appleby do to help? We expect that all relevant entities will need to undertake an internal review to determine what measures, if any, they might need to take in order to achieve compliance. We will have a clearer picture of the requirements once the Substance Regulations have been issued, likely in mid-December. At that time, we will be in touch with more information about how we expect this new legislation to impact our clients. In the meantime, if you have any questions, please reach out to your usual Appleby contact or a member of its team.
NB: Relevant to the above is the European Union's General Tax Policy at http://www.europarl.europa.eu/factsheets/en/sheet/92/general-tax-policy
Argus
Group Holdings Limited has made a profit of $10 million for the six months to
the end of September. This compares with a loss of $2.3 million for the same
period last year. While welcoming the performance Alison Hill, chief executive
officer, said the company remains concerned about the sustainability of the
healthcare system in Bermuda. She also referenced “decisive short-term
action” taken by Argus to improve long-term profitability. This year the
company announced $19.5 million of write downs associated with disposing of
illiquid, noncore assets as the group restructured its balance sheet. Ms Hill
said: “We remain confident that these actions will lead to sustained earnings
and future growth.” The group’s combined operating ratio for its insurance
business was 80.5 per cent, markedly lower than the 93.6 per cent for the same
period last year. Ms Hill said: “Following a year of significant increases of
the cost of claims within our health business, we are now seeing a return to
more normal claim levels. As promised, we will continue our efforts to drive
changes that will help to control health claims without compromising quality of
care. We remain concerned about the sustainability of the healthcare system in
Bermuda and will continue to invest in our population health initiatives and
work with key stakeholders as a way to influence change.” Argus Group’s
combined property and casualty division reported an increase in net earnings
year-on-year, which was helped by the absence of hurricanes and other major
windstorms in Bermuda, although this was in part offset by large motor losses in
Europe. Fee income generated by the group’s employee benefits, wealth
management and insurance brokerage businesses was stable at $12.3 million. Ms
Hill said the group’s investment portfolio generated positive returns during
the six months, despite the events that impacted global investment markets; rate
increases by the Federal Reserve and tightening of credit spreads." Against this
backdrop, the group’s solid investment performance for the six months has
contributed $7.9 million to our earnings. The investment income benefited from a
one-time realised gain of $1.3 million from the sale of certain Bermuda
equities.” Equity attributable to shareholders of the company stands at $107.9
million and remains well in excess of the capital level required by regulators.
Argus has declared an interim dividend of nine cents per share payable on
January 15, to shareholders of record on December 31.
Thousands of revelers
celebrated the Christmas season the Bermuda way on Saturday as Hamilton hosted
the Christmas Boat Parade. Spectators lined Front Street and Albuoy’s
Point, enjoying a line-up of impressively lighted boats and festive music.
Donald Wray, from New York, said the event was a pleasant surprise. He said:
“The atmosphere is great, the weather is good. It’s something different. I
had to come to the island for work, but given the time of year I thought it
would be nice to bring the family with me and I’m glad I did.” His daughter,
Julie, 5, said: “The boats are pretty and I like the food. And it’s not
cold.” Christine DeSilva said she was happy to see the event return after
skipping a year. She said: “It was a disappointment that last year’s event
didn’t go ahead, but honestly I would be happy if they did this every year.
It’s a great excuse to come out with the family and enjoy the Christmas
spirit.” Her husband, Laurence, said: “We missed the one in St George’s.
We didn’t even know it was taking place until we saw in the paper the day
after. I think it’s a great tradition. It’s something very Bermudian. I
think it brings us together.” Deshay Pitts said it was great to see so many
people come out to enjoy the holidays. He said: “Between this and the
walkabout, it’s really starting to feel like Christmas now. I love this time
of year. You hang out with your family, everyone is happy. It’s expensive, but
it’s worth it.” Calico Jack’s was decorated like a Santa’s workshop and
(see photograph below) won Best Overall Boat as well as Best Crew Costume, Best Use of Building
Materials and People’s Choice. It was followed by Andrea Christine in overall
second place, then the Spirit of Bermuda in third. Chapter Eleven took home the
Best Community Message title and the Most Humorous vessel was Miss T.J. The
Bermuda Pilot Gig Club was awarded Most Original, the Best Use of Lights was on
the Honey Badger Express and the Best Traditional Christmas Message came from
Santa’s Barge.
See above item
A
33-year-old man was shot dead outside his home in Pembroke today. Police
believe a lone gunman waited outside Paul Johnson’s Rambling Lane home and
shot him several times as he tried to enter at about 3am. A 21-year-old man was
later arrested in connection with Mr Johnson’s murder. Chief Inspector Arthur
Glasford told a press conference police received several 911 calls reporting
gunshots in the area of Rambling Lane. Mr Glasford said: “Upon police arrival
they came upon a male lying on the ground outside of his residence. Police
commenced CPR and other life-saving measures and he was subsequently taken to
King Edward VII Memorial Hospital where time of death was certified at 3.33am.
We regrettably can confirm the identity of the deceased as 33-year-old Paul
Johnson of Pembroke and the Bermuda Police Service extends our sincere
condolences to the family and friends of the deceased.” Mr Glasford said it is
too early to say whether the murder was gang-related, or whether the incident
was connected to a shooting in nearby Happy Valley less than two weeks ago. He
added that he could not say whether Mr Johnson was known to the police. Mr
Glasford said detectives are seeking the driver of a grey car who drove Mr
Johnson early yesterday at a business establishment on Church Street. He argued
that the police’s outreach is effective despite a string of violent incidents
in recent weeks. He said: “There is a lot of work that we do in the background
that the public may not be aware of where we act on information and intelligence
received. We do our part based on the information we have and put plans in
place, but we also have to depend on the community and members of the public to
come forward.” He said some members of the public have been co-operative
“but there are still persons reluctant to come forward”. Witnesses or anyone
with any information about Mr Johnson’s whereabouts on the night of his death
should call Detective Sergeant Jason Smith on 717-0864 or jsmith2@bps.bm,
or Crime Stoppers on 800-8477.
A
17-year-old in the UK has denied having any part in the murder of Bermudian
Lyrico Steede. The male, who cannot be identified for legal reasons, said he
was not in the park where Mr Steede was fatally stabbed. He said he had lost his
phone — found in the taxi allegedly used by his co-defendants on the night of
the murder — weeks before the incident. He told Nottingham Crown Court: “I
must have forgot it at the end of January.” The teenager said that after he
lost his phone he made no effort to recover it and instead used his iPad. He
added he did not know who had his phone on the night of the murder. Prosecutors
have alleged Mr Steede, 17, was lured to a park in the suburb or Bulwell on the
night of February 13. While there he was attacked by a group of four males, who
chased him and stabbed him when he fell. Mr Steede died of his injuries in
hospital five days later. The 17-year-old was charged with the murder along with
Christian Jameson, 18, Kasharn Campbell, 19, Remmell Campbell-Miller, 18, and a
16-year-old girl. The trial continues.
Frederick
“Penny” Bean, the first Bermudian-born constable promoted to Commissioner of
Police, has died at age 82. During his 34 years of service, Mr Bean earned
the Colonial Police Medal for Meritorious Service, awarded to him after the
Chief Justice at the time commended him for disarming an armed robber. Mr Bean
joined what was then the Bermuda Police Force in June 1956, aged just 19, and
was appointed to the top job in 1981, and retired on March 23, 1990. He was the
first black person to hold the post. Upon retirement, he was named to the Order
of the British Empire. He also earned the Colonial Police Long Service Medal and
the Queen’s Police Medal for Distinguished Service. During his time in the
senior leadership of the police, Mr Bean forged closer ties to UK, US and
Canadian national police services, established a joint police and customs drug
importation squad. Mr Bean created the Police Community Relations programme, the
first fraud squad, improved living quarters for single officers, and improvement
on internal communications, particularly a sophisticated secure multi-channel
radio system, the combined Operations Centre at Prospect and the emergency 911
system. At his retirement, Mr Bean told The Royal Gazette: “I have
enjoyed every moment of it. I have no regrets, and if I had a choice to do it
all over again, I would not hesitate. I hope my tour of service will serve as an
inspiration to other young Bermudians coming along.” Offering condolences,
Wayne Caines, the Minister of National Security, said: “As the first Bermudian
to hold the post of Commissioner of Police, Mr Bean leaves a legacy that will
for ever be etched in history and our memories. Bermuda will be ever grateful
for his life and contributions, and we will all mourn his passing.” Steven
Corbishley, the Commissioner of Police, spoke last night on the “powerful
sentiments” expressed by serving and former officers on Mr Bean’s character.
Mr Corbishley said they showed Mr Bean’s profound impact on the development of
officers, as well as “his love and unwavering support of the Bermuda Police
Service”. He added: “On February 21, 1981, Mr Bean made history when he
became the first Bermudian-born officer to rise from the rank of constable to
commissioner. In 1959, he was posted as a Criminal Investigation Division
constable under the legendary ‘Bo’ Swainson.” “Penny” Bean — so
named at birth because of his size and colour — wanted to become a soldier
with the Bermuda Militia Artillery, but was discouraged from joining by his
father. He also took night courses to become a motor mechanic but when Royal
Navy operations shut down in the late 1950s, he looked towards work in Hamilton,
working eventually for what would become Bermuda Motors on Church Street. A
friend of his family’s, Milton Cholmondley, suggested he join the police, with
Mr Bean later telling The Royal Gazette: “I felt that I needed to serve
my country, and at the same time, be working in a disciplined environment.” By
1962, Mr Bean attended a detective training course at Peel House, in London, and
also was attached to the New Scotland Yard for extra training. Upon his return
from Britain, he was promoted to detective sergeant and was transferred to the
Western Division. In 1965, he was transferred to the newly formed Narcotics
Department as the officer in charge. Mr Corbishley said: “During his time in
CID, he and his team made several arrests which led to a number of prosecutions.
Mr Bean rapidly moved through the ranks and was promoted to chief inspector in
1971, and just two short years later he was promoted to the rank of
superintendent and transferred to the Special Branch. During his time, he
oversaw many advances such as police communications and computerization.” The
commissioner added: “Mr Bean was also a believer in the parish constable
concept of policing. Mr Bean returned to uniformed operations as a
superintendent and attended the Overseas Command course for senior police at
Branshill National Police College in England. His promotion to commissioner in
March coincided with the general strike and high political tensions of 1981. Of
that time, Mr Bean said: “I had my baptism of fire in April 1981 when we had
civil disobedience and major labour problems throughout the island.” Mr
Corbishley concluded: “I would like, on behalf of the service, to extend my
sincere condolences to the family of Mr Bean.” More police tributes to Mr Bean
will be given in the days ahead, the commissioner added. Former commissioner
Jonathan Smith said the island had lost “a giant of a man. Commissioner Bean
had an unparalleled conviction, and he needed it.” Mr Smith noted that Mr Bean
had worked during a time of systemic racism. He was commissioner during most of
my early years with the BPS and he possessed a strategic vision, the likes of
which the force hadn’t seen until then. He was directly responsible for
expanding the technical support units in the 1980s along with the introduction
of the force’s first computerized Incident Management System integrated with a
modern radio system. He was clear about how to improve policing in Bermuda.”
Mr Bean was the subject of “hundreds of stories”, Mr Smith said. "At
times, a rigid disciplinarian; at other times, a gentle, caring, humble man who
cared deeply about people.” Mr Smith recalled being sent to the US Federal
Bureau of Investigation’s Miami office in 1988 to investigate a murder linked
with the island. "Commissioner Bean, who was in Florida at the time, came
to the office to be briefed on the investigation. He was determined to ensure we
had resources required to complete a complex multi-jurisdictional murder. He was
sensitive to the fact that I had spent a protracted time away from my young
family. That was his human touch. He had an extraordinary ability to relate to
all within the police, regardless of rank. Long before the advent of mobile
phones and e-mail, he knew the value of connecting face-to-face. I am so
saddened to hear of his death. He was the finest of his generation and I will
for ever hold him in the highest of respect.” Roger Sherratt, a former chief
inspector, said that Mr Bean “came into office at a very different time in
Bermuda. He was the right man for the job at the right time. He was a
disciplinarian who was very concerned about the welfare of officers. He was
instrumental in making sure that police officers had access to the Employee
Assistance Programme. He was also a founding member of the police choir, which
ran 30 years from 1963 to 1993. We send our sincerest condolences to his wife,
Romaine, and their daughters, Rachel and Gina, and their families.”
Phillip “Phoopa” Anderson,
a councillor for the Town of St George and an ambassador for the East End, has
died at the age of 58. Mr Anderson was a fixture of the Olde Towne, running
the Visitor Information Centre on King’s Square and leading tours around the
area. Kevin Dallas, CEO of the Bermuda Tourism Authority, said Mr Anderson was
more than just the friendly face at the centre. Mr Dallas said: “His love for
Bermuda — particularly the East End — glowed brightly every single day,
passionately and relentlessly. That’s what we will miss most of all. Tourism
stakeholders all over the island will be saddened by this news, but we trust
Phoopa’s passion for Bermuda lives on inside each of us and the things we do
to make this island a truly inviting and memorable place.” Earlier this year,
Mr Anderson was recognized for his work in travel services by the BTA at its
Tourism Ambassador awards. Mr Anderson served as a councillor since 2012, and
served as the chairman of the corporation’s infrastructure and development
committee since 2015. A spokesman for the corporation said: “He was
instrumental in ensuring King’s Square has free Wi-Fi for all who visit and
was actively working with the stakeholders for the waste water management for
the parish of St George’s. He had a passion for tourism and was quite
passionate of the tourism product for the Olde Towne. He was often seen doing
walking tours in the town and more recently, he was conducting water tours on
his boat.” The spokesman said Mr Anderson was a “lively character” who
made sure everyone knew about his passion for the Olde Towne. He added:
“Councillor Anderson was more than a colleague, but a friend to many of us
here in the Town of St George, and he will be sorely missed. On behalf of the
members and staff of the Corporation of St George and the community of St
George, we extend to his two children, three grandchildren, his mom, siblings
and family our heartfelt condolences as we have lost not just a councillor
colleague but a true St Georgian who fought to the end for his town.” The
municipality also announced that the flag on King’s Square will be lowered to
half mast on the day of Mr Anderson’s funeral. Zane DeSilva, Minister of
Tourism and Transport, also expressed his condolences. He said: “As an
ambassador for tourism, Mr Anderson leaves behind a great legacy of service and
leadership in the town of St George’s and the entire island. His passing is a
loss to the people of Bermuda.”
From
funeral homes to hospital beds, the island’s obesity crisis exacts a growing
toll beyond the impact of chronic disease. According to the Bermuda
Hospitals Board, a fully equipped bariatric hospital room costs $35,000 more
than a standard, with six installed in the new acute care wing. The Bermuda
Government’s Health in Review report for 2017 showed Bermuda topping the
Organisation for Economic Co-operation and Development countries — with four
in ten adults overweight, and one in three classed as obese. While heart disease
and diabetes dominate the impact on healthcare costs, procurement figures
provided by the BHB show the high cost of obesity in hospital equipment:
Other costs include bariatric lifts, used for obese patients, which are almost $4,000 — and more than $9,000 for a battery unit. According to Debbie Jones, executive director of the Bermuda Diabetes Association, the island should also brace for other costs incurred at the end of life. She said: “Our graves are set to a standard size, and they are built of either Bermuda stone or concrete block, which is almost impossible to change. Many families have tombs where they will sit one coffin on top of the others. We have heard of bigger caskets being a very tight fit — if a casket won’t go in, what do you do? The cost of redoing graves would be horrendous.” Doreen Williams James, the owner of the Alpha Memorial Chapel in St George’s, called it “a growing, increasing trend”. She added: “Obviously it’s going to get worse if people don’t make a conscious effort to change their lifestyles.” Ms Williams James said the island lagged behind the United States, which was often an indicator of coming trends. She said: “Some stories I hear from colleagues in the US are unbelievable, where even a hearse cannot accommodate a body and tractor trailers have to be used for transport. We have not gotten there yet and hopefully won’t, it does happen occasionally where we have to import oversized caskets. Sometimes our graves are custom built and depending on the type of grave, we may have to widen to accommodate the casket.” Ms Williams James added: “It needs to be talked about. No one considers what funeral directors have to deal with, and it’s growing.” A standard Bermuda grave spans 28 inches, and can easily accommodate coffins, which are narrower and generally locally made. She said: “The older generation prefers them. Caskets, which we import from Canada and the US, are bigger.” According to the Reverend John Stow at Holy Trinity Anglican Church in Hamilton Parish, churchyards charge $25 per square foot to widen a grave. Mr Stow said: “That’s not surface area — that’s the wall, which could cost as much as $1,000. That cost would be met by the family.” He said that of about 30 interments at the churchyard over the last year, about five had required a widening of the grave. Mr Stow added: “It would be hard to say that each year it gets worse. But over the decades it is becoming more of a difficulty. I have more questions than answers. It would be good to find out more on the research side. It is certainly money well spent if it is on health education rather than having to make the change after it becomes a problem.”
Rules
to head off European concerns about businesses that might set up shop on the
island in name only to dodge taxes were tabled in the House of Assembly. The
legislation, tabled by Curtis Dickinson, the Minister of Finance, will require
businesses registered in Bermuda to have “a substantial economic presence”
on the island. The Economic Substance Bill 2018 was designed to protect Bermuda
from sanctions from the European Union over corporations that reap the benefits
of an offshore jurisdiction without conducting business in them. Corporations
will have to declare their compliance to the Registrar of Companies, and will be
required to provide details to the authorities of relevant EU states where the
owner or holding entity is registered. The Bill also includes clauses for the
protection of confidential business information. The penalty for giving false
information to the Registrar would be a fine of up to $10,000, or two years’
imprisonment, or both. The Bill also gives the Registrar recourse to the courts
in cases where companies fail to meet economic substance requirements. The
legislation, which will be debated by MPs at a later sitting of the House, was
tabled in a bid to keep Bermuda off an EU blacklist of uncooperative
jurisdictions. The requirements for companies will include employment of staff
— which will hit worldwide giants such as Google, which at present channels
about $18 billion on the island every year.
A
more efficient Government could emerge alongside changes to the tax system in
efforts to shore up the public purse, MPs heard last night. It was hoped a
balance would be struck between trying to increase income while also cutting
costs. Legislators debated the Report of the Tax Reform Commission 2018, which
put forward a series of proposals that could boost government revenues by $147
million over two to three years. It came after a seven-member bipartisan group
was tasked with carrying out a “thorough review” of the island’s tax
regime after a 2017 Throne Speech pledge by the Progressive Labour Party
administration. The group was asked to find ways to increase public sector
revenue from 17 per cent of GDP to a minimum of 20 to 22 per cent and determine
any steps that could be taken to allow for a more equitable system. Its report,
which took nine months to compile, proposed new taxes along with reforms to
existing taxes. Curtis Dickinson, the Minister of Finance, told the House of
Assembly he continued to review the recommendations and had not yet made any
decision on which of those would be implemented. He said the challenges included
a net debt of approximately $2.45 billion, an ageing population, increasing
healthcare costs and an economy that is progressing “slowly”. Members heard
the ministry aimed for a “balanced approach” that looked at revenue
increases but also made Government more efficient. Mr Dickinson told the House
there was “widespread support” for more effective tax collection and said
his team was exploring ways to offer greater support to the “under
resourced” Office of the Tax Commissioner. He added: “I believe the best way
to resolve our fiscal challenges is to grow our economy through the creation of
more well-paying jobs. A growing economy leads to a broader tax base with more
participants and through the law of averages an ability to spread our tax burden
across a broader number of people. While remaining mindful of the important and
significant contributions that big business makes to our economy, we need to
continue to work on policies that help entrepreneurs, small and medium sized
businesses to thrive.” Patricia Gordon-Pamplin, the Opposition’s finance
spokeswoman in the House, said the Governments was “not in the business” of
being profit making organisations. She continued: “What we would expect to see
in the choices that are made is that Government will make the necessary
selection from the recommendations that would balance our budget. We’re not
looking for a whole lot of extra money, we’re not looking for money that on
the backs of the taxpayers will go to grow a burgeoning Government, that is not
the intent.” Ms Gordon-Pamplin said it was important not to have “an assault
on the taxpayer” and highlighted the need for Government to understand its
responsibility to reduce costs. She voiced reservations about taxation of
passive income as there are a “significant number” of seniors who rely on
such funds, and said the Government needed to be careful when adjusting payroll
tax to make sure it did not become a disincentive for growth. Wayne Furbert,
Junior Minister of Finance, said the focus of the report was to find ways to
make Bermuda’s tax system fairer. Mr Furbert said: “We have to accept on
both sides that the tax system that we have is not equitable or fair. If we can
accept that, then we can move on to how can we make it equitable.” He added
that Government should not rely solely on cutting expenditure to balance the
budget, reminding the House of the furore caused by the One Bermuda Alliance’s
use of furlough days to reduce costs. Craig Cannonier, Opposition leader, said
the Government needed to consider how it could help the island’s struggling
retail sector, which employs more Bermudians than any area other than
Government. Mr Cannonier said: “Businesses are struggling in the economy we
have now. We feel that the taxation system is unfair and far behind where it
should be.” He said retailers often have difficulty with cash flow because
they have to pay taxes on items when they come to the island rather than at
sale. Mr Cannonier said this is particularly a burden on small and medium sized
businesses, along with those trying to enter the retail sector. He added that
immigration must also play a part in revitalizing the economy. Scott Pearman,
the Shadow Minister of Legal Affairs, was among several MPs who noted that the
Commission was not asked to directly address Government spending. He said the
“lion’s share” of the recommendations were four new taxes — a rental
tax, a general services tax, a tax on interest and dividends and what he called
“an outsourcing tax”, which would apply to services contracted out by local
companies to foreign service providers. Mr Pearman claimed that aside from the
rental tax, none of the four were easily calculable or collectable. He added:
“These proposals at their heart mean more tax on Bermudians when there are
less Bermudians to pay them. We need to attract more people to this island, not
chase them away with higher taxation.” David Burt, the Premier, thanked the
Tax Reform Commission members and said the review was about “making our tax
system more fair and more balanced”. He continued: “What I hear is that
there’s one side, which is protecting the status quo, and there’s another
side that wants to change things to make sure that we lower taxes for workers,
lower taxes for the low income people and possibly tax those persons who may be
a little bit more wealthy, whose income has never been subject to taxation.”
Bermuda
has been warned that on present trends it is heading for a downward spiral of
demographic and economic decline. Experts added that the Government has taken a
significant step back from fiscal targets set a year ago, with projected lower
revenue and higher spending than at first forecast. The independent Fiscal
Responsibility Panel said the decision to delay achieving a balanced budget by a
further year to 2020-21 was regrettable, and the new target “must now be
met”. The red flags came in the annual assessment of the island by the
three-strong panel, which highlighted a shrinking workforce and ageing
population as “perhaps the greatest concern” facing the island and its
economic future. The report said the situation would put increasing pressure on
both taxes and spending. The panel was chaired by David Peretz, who has worked
in the UK Treasury, the International Monetary Fund and the World Bank. This is
the fourth consecutive year it has reviewed and reported on the fiscal progress
of the Government. The panel said Bermuda needed to reinvigorate economic growth
“including through a decisive change in immigration administrative
practices”. Their report explained: “A precondition for faster growth is to
increase the island’s workforce. It is the only realistic counter to the
island’s demographic challenge from a rapidly shrinking and ageing population.
Immigrants and returning Bermudians with the right skills will help to create
jobs, not displace them.” The panel said that recent improvements in
processing times for work permit applications were “an excellent start”, but
that they must be followed through with changes in administrative practices and
policies. The island’s elderly dependency rates will soar from about 25 per
cent at present to 40 per cent in 2026, as the share of seniors in the
population climbs from 17 per cent to 25 per cent. The panel warned that was
“an extraordinarily rapid rate of change” by the standards of most developed
countries. The report said: “The threat this poses can hardly be overstated
— this would be a downward spiral of demographic and economic decline.” The
island’s financial predicament was highlighted by figures that showed that net
government debt has increased fourfold in the past ten years from about $500
million to $2.42 billion. The ratio of government debt to revenue was around 50
per cent a decade ago, now it is more than 220 per cent. The panel said that
high level of government debt, unfunded pension liabilities, and other
liabilities left Bermuda extremely vulnerable. It added that public sector
pension schemes alone have unfunded liability of around $1 billion. The expert
panel expressed regret at Government’s decision to delay achieving a balanced
budget until 2020-21. The report said: “This target must now be met, as well
as the longer-term targets of reducing debt and debt service, respectively to 80
per cent and 10 per cent of revenues.” It added the 2018 Budget projection for
revenues is $20 million lower than the projection made in 2017, but current
spending is projected to be $24 million higher. The panel recognized policy
changes and developments, such as the new sugar tax, relaxation of the 60:40
rule to encourage foreign investment, and clear signals to a more open
immigration policy. It also welcomed the unfreezing of positions and additional
resources in the Office of the Tax Commissioner. But the panel said the
Government collected taxes that amount to 17 per cent of gross domestic product,
but this needed to be increased to around 20 to 22 per cent. The Tax Reform
Commission’s proposals, released last month, would take tax revenue to about
19 per cent. The panel said that was an important and welcome step and it
recommended the proposals “or something like it” should be implemented as
soon as possible. It also highlighted the cost of healthcare and said an agenda
for action set out by the Ministry of Health and the Bermuda Health Council
existed. The panel said: “The Government needs to proceed urgently.” The
report added that Bermuda had to promote growth through economic diversification
beyond insurance, reinsurance and tourism. The panel said the Government’s
focus on promoting fintech, while liberating regulations that have inhibited the
growth of the likes of global law firms and banks, was appropriate. But it
cautioned against excessive focus on particular niche products, such as digital
and cryptocurrencies, where there were significant financial and reputational
risks. The report said: “Many have stressed to us the potential risks to this
reputation if something were to go wrong with any of the new businesses
attracted by Bermuda’s fintech strategy. Regulating these businesses
effectively must be a high priority.” It recognized Government’s successful
$620 million debt refinancing action last month and added: “Recent reports by
the main credit rating agencies have been positive, emphasizing Bermuda’s
political and economic stability, and noting the new government’s continued
commitment to fiscal sustainability.” But the panel said these were not
grounds for complacency because, while Bermuda is reasonably well insulated from
some global economic trends, it remained vulnerable to external developments,
including regulatory changes and the effects of wider financial crises. The
panel concluded the report with a list of key problems that had to be addressed
“without delay”. It said: “Taken together this is a challenging agenda. If
tackled now and with determination it will leave the territory in a much safer
and more prosperous place. Work on much of it is already under way. The renewed
impetus behind immigration reform is welcome. And the proposals of the Tax
Reform Commission provide what up to now has been a missing piece — how to
achieve the Government’s targets for deficit and debt reduction.” The Fiscal
Responsibility Panel held meetings with individuals and institutions during the
course of its discussions in Bermuda from November 19 to 24. The other members
of the panel were Peter Heller, a retired deputy director of the fiscal affairs
department of the International Monetary Fund, and Jonathan Portes, principal
research fellow at the UK National Institute of Economic and Social Research.
Curtis Dickinson, Minister of Finance, said: “The Government is certain that
the panel’s report will be a useful document to assist with the Government’s
deficit and debt reduction strategy, and I encourage the general public to
thoroughly read the report to get a better understanding of the various fiscal
challenges facing the Government”.
Putting
food on the table is a major worry for older residents, the head of an island
charity said yesterday. Claudette Fleming, the executive director of Age
Concern, said members had raised concerns over price increases in a recent
survey. She said that increased cost can force older people “to go without”.
Ms Fleming explained: “It’s not necessarily going without food entirely, but
going without more nutritional options, regressing to unhealthier choices which
may be cheaper, and, ironically, is the opposite result of what policies like
the sugar tax are espoused to achieve.” She was speaking after Walter Roban,
the Minister of Home Affairs, announced yesterday that the Consumer Affairs
department was to look into claims that retailers had increased the prices of
foods not covered by the sugar tax. Mr Roban told the House of Assembly the
Bermuda Government had received “a number of complaints” from the public
over “price gouging”. Ms Fleming said she was not surprised to hear that
customers had reported higher prices and that retailers had said were a result
of the new tax. She added: “As a consumer, I myself have noticed a rise in
prices in the last few weeks.” Ms Fleming said that Bermuda would at some
point have to ask if the “unintended consequences” of the sugar tax were
worth it. She explained: “The proof of the pudding will be the ability to
demonstrate that the sugar tax has achieved any positive health changes, or
whether it has simply increased the cost of food in general, while also
increasing the tax base — which may be good for grocers and the Government,
but not necessarily so good for the most vulnerable consumer’s health or
pocketbook.” But Zach Moniz, manager of the Lindo’s Group of Companies, said
that the grocery chain had “absolutely not” raised prices on food items that
fell outside the new tax. Mr Moniz added that food prices were determined by
variables, including supply and demand, seasonality and wholesaler prices. He
explained: “A change in any price has to do with any or all of the
aforementioned scenarios.” Mr Moniz said that Lindo’s put almost 1,000 items
on sale every month. He added: “This is obviously a price decrease. At some
point, items on special return to normal retail price. This is not a price
increase, this is just no longer a promotion.” The first stage of the sugar
tax increased duty rates on sodas, sweets and other items by 50 per cent. The
tax will increase to 75 per cent in April. Mr Moniz confirmed that shoppers
would pay higher prices on “items directly impacted by the sugar tax” as a
result. Fred Barritt, of soft drinks importer John Barritt and Son, said that
the firm would put up prices in the spring. He explained: “We have no choice.
Either our prices go up or we will have to reduce other costs. This is a
significant increase in cost that business will have to pass on to their
customers in order to survive.” Mr Barritt said that several factors,
including global markets, transport and wages, contributed to prices. He
explained: “These costs are always going up so prices must go up to cover
them. In a country with an already high cost of living the introduction of more
taxes is obviously going to result in higher prices.” Mr Barritt said that if
operational costs increased, businesses had to react. He added: “Either prices
go up or there has to be a compensating reduction in other costs. As the largest
component of cost in most local businesses is payroll, job losses are the only
real alternative.” Mr Roban told MPs that it appeared that “the price of
certain items are always higher this time of year”. He added: “This
year, as has been true in recent years, some persons are having to forgo
enjoying their traditional foods because they are finding it harder to make ends
meet.” Mr Roban said that because Bermuda imported the majority of its food
“it is often difficult to assess fair pricing”. He added: “In addition,
many of our items are shipped in smaller quantities which drives up the price
per unit.” Mr Roban said that retailers must also “add a percentage to pay
their staff, operating costs and to earn a profit”. He said the annual
increase in the price of food since 2013 ranged from 1.4 per cent to 3.1 per
cent. Mr Roban added that people should shop around and could also speak to
store managers about pricing concerns.
Hamilton
Harbour will be transformed into a sea of festive lights tonight as the
spectacular Christmas Boat Parade sets sail. Thousands of spectators will
flock to the waterfront and across the harbour to watch the colorful procession.
This year’s show, which includes the hydro fliers and light shows from JetPack
Invasion, gets under way at 6.30pm. The community driven event is back after a
three-year hiatus, and tonight’s fair, cool weather should make for perfect
conditions. The Royal Gazette will cover all the Christmas hoopla on the water
and on shore. The main vantage tonight is the No. 1 car park on Front Street,
where vendors and seating will be set up. Revellers can also take in the parade
along the waterfront, from Albuoy’s Point to No. 5 car park,
Andrew
Bascome has made a passionate plea for the entire football community to unite in
order to change the culture surrounding the game in Bermuda for the sake of the
sport’s very existence. Long since his days of playing in front of crowds
of thousands domestically, football in Bermuda has changed dramatically. Outside
influences and changing values have a major impact on the game, most notably
with dwindling crowds at league games across the country. But instead of simply
whining about the state of football in Bermuda, the BAA head coach, has made a
call to arms to everyone involved, from players to coaches, to help preserve the
sport for future generations. “We have to change the culture surrounding
football in Bermuda and that is the duty of all clubs on the island,” said the
former Bermuda coach after BAA’s 6-3 victory over Devonshire Cougars on
Thursday night. “It comes down to the players, the coaches, it’s everyone
involved. It cannot just be left to the Bermuda Football Association to be
blamed for our shortcomings, it’s up to us in the game to take responsibility.
When I played football in Bermuda, we had 2,000 people turning up to watch and
what I see now is depressing. We have to take responsibility for the state of
the game. Where are the children and families watching the games? That scares me
because if the younger generations don’t come out to watch the games, then
football here can’t survive and the game will die. Don’t be surprised if the
game dies in Bermuda. Most of our games there are barely any fans watching, so
we have to find a way to bring the community back out and establish some sort of
pride in the game again. Sport can uplift a country, but it takes commitment.
For too long as a sport we just haven’t got it and then you look around and
wonder why no one is turning up to watch the games. To have any chance of
competing on a global scale, we have to be committed to change; otherwise,
Bermudian football will be left behind. It is something that needs to be
addressed. There is a lot of work to do to fix the issues and we all as a
collective have to get busy.” One of the biggest changes in the sport has been
the rise of gang-related trouble off the field, with a number of reported
incidents over the past decade — resulting in the BFA’s Executive Committee
holding an emergency meeting in 2014. Bascome, who has spoken out publicly
before about the issues of gang culture on the island, once again reiterated the
need to eradicate the problem, calling on players to realize they have greater
responsibilities within their communities. “We have to correct the issues
because it is deeply sad to see what has happened in the past. There are gang
culture problems all over the world, not just in Bermuda, but the football
community here has to rise above it and players need to understand their
responsibilities in the community. It is a collective problem. Players have to realize
they are not just turning up to have fun together; there is a greater purpose.
They need to understand the role they play in our community, but the majority
cannot see any farther than themselves. For me, the mentality of the players has
changed. Dedication, commitment, outside influences, they all seem to want
everything, but people aren’t going to give you things if you don’t put the
commitment in first. We have to make sure that the young players coming through
youth systems are properly equipped with the tools to succeed, and that includes
their attitudes. Sport is challenging, but so is life. So what if certain things
aren’t going your way? You have to find a solution instead of blaming
everybody else around you all of the time. It is about setting standards off the
pitch and for me that has not been happening enough in the game. We have to
learn that is not just about the individuals; it’s about the entire
collective.”
A
church service today celebrated the life of Terrence “Ted” Richards, who has
died aged 59. Mr Richards, the husband of education commissioner Kalmar
Richards, was mourned in the House of Assembly yesterday. Scott Simmons, a
Progressive Labour Party backbencher, led tributes to Mr Richards, and Diallo
Rabain, the Minister of Education, offered condolences to Ms Richards. Mr Rabain
added: “She has had the full support of the Department of Education in what
can only be described as very difficult circumstances, with her husband overseas
for medical treatment.” The service was held this afternoon in the New
Testament Church of God Heritage Worship Centre on Dundonald Street in Hamilton.
Bermuda’s
Premier and Cabinet Office minister were not required to appear at a British
Foreign Affairs Select Committee session to examine Britain’s relationship
with its Overseas Territories, a member of the UK's all-party group said last
night. Ian Murray, a Labour MP, emphasized there was “no compulsion to
attend” on David Burt or Walton Brown for the Wednesday meeting. The
discussions were part of an inquiry into the future of Overseas Territories in
relation to the Foreign and Commonwealth Office. Mr Murray, the MP for Edinburgh
South in Scotland, added: “We invited all the participants to attend if they
so wished and some took it up and others didn’t.” Mr Burt had been listed
among those due to appear for the session, which heard from eight Overseas
Territories leaders. Neither Mr Burt nor Mr Brown went to the meeting — but
last night the Premier said that it had been unnecessary. Mr Burt said:
“Bermuda has regular, direct engagement with the UK’s officials and
ministers and, as such, Bermuda’s position on a wide variety of issues is well
known and familiar to actual key decision-makers in London. The London Office is
staffed by an expert team who provide leadership and daily interaction at the
highest levels of the UK Government. I informed the Governor before leaving
Bermuda for London that I would not be appearing before the committee.” The UK
Parliament’s website said the session with the Overseas Territories was the
first in “more than a decade”. Bermuda got a brief mention when Sharlene
Cartwright- Robinson, the Premier of the Turks and Caicos Islands, was asked if
the territory planned to emulate Bermuda in permitting same-sex marriages. The
committee received written evidence from across the territories in September.
Bermuda-related submissions included statements from George Fergusson, a former
Governor, Bob Richards, a former Minister of Finance, as well as Saul Dismont
and Peter Sanderson, both lawyers.
Work
is being done under the Government’s code of practice for project management
and procurement, MPs heard this morning. Walton Brown, the Minister for the
Cabinet Office, said efforts are being made to “leverage the Government’s
purchasing power, maximize efficiencies and achieve cost savings”. Mr Brown
said framework agreements were being used to cut down on a “repetitive”
tendering process. At least three framework agreements are expected to be in
place before the end of the present fiscal year.
The
Royal Bermuda Regiment plans to offer learning credits for soldiers to enhance
their training. Wayne Caines, the Minister of National Security, announced
the move as he updated the House of Assembly on the Regiment’s activities. He
said the credits would allow soldiers “to further their education and
development. Growing the capability of the men and women who make up the
regiment can only result in the growth of the capability of the Regiment as a
whole.” He said the force reorganized last month into two operational
companies of about 100 soldiers each, supported by a logistics company and
training wing. One company will focus on internal security in support of the
police, and the other has a dual focus of humanitarian aid and disaster relief,
locally and overseas. Mr Caines added that work continued on “the much
anticipated Coast Guard Unit”. He said: “The Regiment has taken possession
of Watford House on Watford Island and, pending final approvals, a floating dock
and fencing will be installed.” Mr Caines said the Coast Guard will work
jointly with police in its first year to enable training to be completed. He
described 2018 and the formal end to conscription as a “turning point” for
the Regiment. Mr Caines said that 2019 would be the years when “the seeds of
change bear fruit”. He added: “The renewed offer to our soldiers of enhanced
training and increased education and development will be a key feature. The
Regiment will continue to market itself as a feasible, long-term-career, and
will provide leadership and management training for enlisted ranks and junior
officers.” Mr Caines said that two recruit camps would be held next year with
the first intake starting on February 19.
Buses
could soon be starting earlier after negotiations between the Department of
Public Transportation and the Bermuda Industrial Union. The matter will be
discussed at a meeting on Monday morning, which will bring the bus service to a
temporary halt. The interruption will take place from 10.30am until 12.30pm. A
Department of Public Transportation spokeswoman said: “This interruption in
service is to accommodate a meeting between the DPT management and employees
represented by the Bermuda Industrial Union to discuss a proposed change in
starting time, in accordance with the Collective Bargaining Agreement. The
provision of an earlier start time will provide improved service to the general
public. The DPT apologizes for any inconvenience this may cause and thanks the
public for their patience and co-operation.”
Bermuda’s
human rights laws need updating to reflect social change, according to a civil
liberties watchdog. Tawana Tannock, chairwoman of the Human Rights
Commission, said: “Upholding the integrity of the Human Rights Act underpinned
our engagement with the former and current government during the course of 2017.
The Constitution was written at a time when racial segregation still existed in
Bermuda and it remains limited and dated in its scope. The Human Rights Act
emerged to address stark omissions and provide both a practical and aspirational
framework for protecting distinct, yet intersected, rights in our community.”
Ms Tannock was writing in the HRC’s annual report for last year. She said:
“Amendments that seek to manipulate or weaken the function of the Act risk
undermining all protections within it, and must be vigorously guarded against
and examined. The Act must continue to evolve to meet the needs of our diverse
and developing island and to serve as a measure of our commitment to creating an
inclusive and equitable community.” The report, released last Friday, said the
commission received 112 complaints last year. A total of 19 per cent of the
complaints alleged racial discrimination, 11 per cent were on the grounds of
disability and ten per cent were on the grounds of place of origin. But 39 per
cent of complaints failed to identify a protected ground of discrimination. The
HRC managed 23 investigations over the course of the year, including ten new
cases and 13 that were carried over from 2016. The report said that a quarter of
the investigations involved racial discrimination, with 21 per cent based on sex
discrimination and 14 per cent on place of origin. Several of the investigation
involved allegations of discrimination on several grounds. The HRC resolved 11
cases over the course of the year — six through conciliation or mediation and
two through a tribunal hearing. The other three complaints were withdrawn. In
once case detailed by the report, a complainant claimed they had been harassed
in their workplace and a co-worker had called them a derogatory name based on
race. The complainant claimed he went to the company’s management, but nothing
was done. The HRC approved an investigation into the case, but the complainant
withdrew the allegation and said they had reached an agreement with management.
Another case involved a Bermudian employee who complained that non-Bermudian
staff had been given preferential treatment. The complainant said he had been
suspended after it was alleged he confronted a non-Bermudian employee — which
he denied. The HRC conducted a preliminary investigation, but found the
complainant’s behavior had been “less than stellar”. The HRC report added:
“The manager further stated that the investigation into the incident with the
non-Bermudian was viewed on camera and another co-worker provided a statement
supporting that the complainant approached the staff member aggressively. Based
on this information, the executive officer determined that there was no evidence
that the Human Rights Act 1981 had been violated and closed the complaint.”
The HRC report also detailed several high-profile court cases that took place
over the course of the year. These included the Winston Godwin and Greg DeRoche
civil suit, which opened the door to same-sex marriage in Bermuda. The report
also highlighted several cases involving controversial speaker Ayo Kimathi, who
was banned from the island after he delivered a lecture which included what was
described as hate speech. The HRC said the case highlighted the limits to free
speech and the Supreme Court finding that there was no Constitutional protection
for hate speech in Bermuda. The HRC report said: “While it remains a mission
of the Bermuda Constitution to attack modern manifestations of historic racial
discrimination, there is also the need to suppress, with equal vigor, new
manifestations of discrimination as well. Moreover, the free speech rights
established by the Constitution carry with them corresponding duties and
responsibilities because these rights can only be exercised in a way that does
not prejudice the rights and freedoms of other people or the public interest.”
An
Opposition MP has accused the Government of a rush to table a Bill in Parliament
that “seeks to reduce the level of support for Bermudian children in the court
system”. Scott Pearman, the shadow legal affairs minister, criticized the
Progressive Labour Party for bringing the Children Amendment Act 2018 to the
House of Assembly without consultation with the Human Rights Commission and
children’s charities. He added that investigations under way into the
Department of Child and Family Services should find out why children were sent
to overseas institutions, including when his One Bermuda Alliance was in power,
without legal representation. The draft legislation tabled a week ago contained
a section which experts claimed will remove a requirement for the Family Court
to consider whether a litigation guardian, or independent advocate, is needed in
cases involving children, as first reported by The Royal Gazette. Mr
Pearman said: “Children who show up in the court system, without proper
representation or protection, have no one to guard their best interest. These
are Bermudian children most in need of support and guidance, yet they have
none.” The requirement for consideration has been law for 20 years but
successive governments have failed to provide funds for litigation guardians or
lawyers for children. Mr Pearman declined to discuss why the OBA did not fund
legal services for vulnerable children. He highlighted the case of Tiffanne
Thomas, a social worker, and her claim that the Government has not paid her for
her work as a litigation guardian for the past four years. Mr Pearman said that
Ms Thomas only sent her first invoice for payment to the Government in March
2017, not long before the OBA lost power. He said the OBA would fund litigation
guardians if it was re-elected. Mr Pearman added: “Bermudian children in court
proceedings are not getting the support which the law mandates our children must
have. This needs to change, now. The PLP have been in power for 15 of the last
20 years. The current government needs to solve this problem and, respectfully,
the Government needs to solve it quickly.” Mr Pearman said the Bill and Ms
Thomas’s claim were among a number of separate but linked problems related the
welfare of children. He added the most worrying were allegations of abuse made
against staff members at DCFS, which only came to light after Ms Thomas was
appointed as a litigation guardian for a child in the department’s care, and
claims that complaints by youngsters were ignored. DCFS is now under
investigation and its director, Alfred Maybury, has been suspended over his
handling of the complaints. Mr Pearman said: “Allegations that Bermudian
children, under the care of the Department of Child and Family Services, were
abused should be of extreme concern to all Bermudians. To add to this,
allegations have emerged that certain children in the care of the department
were sent to institutions overseas without any litigation guardian advocating on
their behalf. This is of significant concern” and should be a priority for
inquiries into the department. We have the lamentable reality that with every
passing day problems at the Department of Child and Family Services seem to grow
worse.” Craig Cannonier, the Opposition leader, said last week that Michael
Weeks, the former social development minister, should give a personal
explanation to the House of Assembly about the first investigation into DCFS,
which led to Mr Maybury’s suspension. Mr Pearman said: “I support Mr
Cannonier in calling for an explanation from former minister Weeks.” He added
that Kathy Lynn Simmons, the Attorney-General, should tell the public the scope
of a second inquiry by the Department of Internal Audit into DCFS. He asked:
“Who is the person leading this investigation? To whom will this investigator
report? Does the investigation include all the allegations of abuse and neglect? How
many people from the department are currently suspended because of these
allegations? When is the investigation likely to be concluded?” But Mr Pearman
said: “With all these complicated moving parts, we must not lose sight of the
big picture — the system is failing our children.”
A
social worker is to sue the Government for more than $2.6 million over a failure
to pay for her work as an independent advocate for children in court.
Lawyers for Tiffanne Thomas have filed a civil action against the
Attorney-General and Accountant-General in the Supreme Court for payment for her
work as a court-appointed litigation guardian since 2014. Ms Thomas claims she
should be paid $2,621,720 — or an amount the court rules is reasonable in the
absence of a figure being set out in a legally enforceable contract. The writ
said: “The plaintiff on about July 28, 2014 was appointed as a litigation
guardian ... the appointment was on the understanding that the plaintiff would
be paid for her services by the Bermuda Government.” It claimed the
Attorney-General’s Chambers gave confirmation in court to Saul Dismont, a
lawyer, that Ms Thomas would be paid for her services. But the writ said a
letter from the Government in November 2016 said it wanted to replace Ms Thomas
as litigation guardian and Mr Dismont as lawyer in a case that involved a minor
with people who would provide the services free of charge. The legal document,
first published on the Offshore Alert website, claimed Ms Thomas later received
“repeated promises” of payment from Zane DeSilva and Michael Weeks, when
each served as social development minister. The writ added that payment promises
had also been made by Wayne Caines, the national security minister, Marc
Telemaque, when he was national security permanent secretary, and Owen Darrell,
chief of staff to the Premier. But the court submission claimed that Mr
Telemaque, now Cabinet Secretary, e-mailed Ms Thomas in July to say she would
not be paid in the wake of a Supreme Court ruling issued the month before in a
case brought by the Human Rights Commission against the Government. The HRC case
sought a declaration as to the Family Court’s obligation under section 35 of
the Children Act 1998 regarding the appointment of a litigation guardian and
counsel to represent a minor, named only as “O”. It also asked for a
declaration that the Government had a duty to fund such appointments. Puisne
Judge Stephen Hellman found in his ruling
that the Children Act did require the Family Court to consider the appointment
of a litigation guardian for every child involved in specified proceedings, but
he said the legislation stopped short of making the Government pay for the
service. Ms Thomas withdrew her services as litigation guardian from 17 active
cases involving “at risk” minors last month because of lack of payment.
E-mail correspondence shared by a source with The Royal Gazette showed
she had asked the Government for $800,000 for her work, but estimated the real
cost at about $2.8 million. Kathy Lynn Simmons, Attorney-General and the
Minister of Legal Affairs, said last month the Government had “no legal
obligation” to pay Ms Thomas. Scott Pearman, the shadow legal affairs
minister, speaking before the writ was filed, said the One Bermuda Alliance
administration did not pay Ms Thomas because she submitted her first invoice
only in March 2017, a few months before the former ruling party lost the General
Election. He said he believed there was no formal contract in place “so there
was no way to know how, or how much, she would be paid”. Ms Thomas’s writ
said: “It was an implied term of the contract that the defendants would pay a
reasonable rate for the plaintiff’s services and that such payments would be
made within a reasonable time.” Mark Diel, lawyer for Ms Thomas, said
yesterday: “Our position is that there was a contract or, alternatively, in
the event there was no contract that she should be paid on a quantum meruit
basis”, that is, a reasonable sum for the services she provided. Mr Diel
added: “We are awaiting the defence. They have requested further particulars,
which we have supplied.” A spokeswoman for Ms Simmons, who is also the
Government leader in the Senate, said last night: “The matter is under
judicial consideration and therefore the ministry is prohibited from commenting
at this present time.”
A
sickout staged by teaching assistants across the island yesterday was
“completely unacceptable”, said the Minister of Education. But the head
of the teachers’ union laid the blame for the job action at the minister’s
door. The teaching assistants’ sickout came amid continued frustration at the
Bermuda Union of Teachers over a lack of resources and staff support at schools.
Diallo Rabain confirmed that para-educators “throughout our system” had been
“instructed to call in sick”. He said: “Para-educators are an important
portion of our teaching experiences. Without para-educators within the school
system, we run the risk of putting our students at real risk. And, at the end of
the day, it’s about our students.” Mr Rabain was speaking as he delivered an
update on talks between the Ministry of Education and the union about
teachers’ concerns. He said that, as a parent of a public school pupil, he had
faith in the system “to deliver a high-quality educational experience”. But
he added: “This cannot be achieved with these constant disruptions we have
been experiencing lately. It is having a negative effect on all of our students
and their educational experience.” Mr Rabain said that despite “positive
discussions” with the union “we are still faced with action from the BUT and
their members at an unsustainable rate”. He said the BUT had sent a list of
“23 items of concern” last week. Mr Rabain said that some of the concerns
“had already been addressed or were in the process of being addressed”. He
added: “The concerns remaining require long-term solutions and ways to go
about addressing them were also discussed.” Shannon James, the president of
the BUT, said yesterday that Mr Rabain needed “to talk less and act more The
time for talking has long gone.” Mr James said that inaction by Mr Rabain on
teacher concerns had hurt pupils more than industrial action. He explained:
“The list of issues we have highlighted all impact the students because our
teachers cannot do their job effectively. The sickout was a direct result of the
Government’s failure to tackle problems highlighted last week. As I said then,
people have just had enough and that has not changed. Many teaching assistants
did not get breaks, worked without a job description, and had not been given
entitlements under the collective bargaining agreement. We have education
therapists with no job descriptions, we still do not have education officers for
maths, English and science. Where there used to be nine mentor teachers, there
are now three, and there are no allocated substitute teachers at primary
schools.” Mr James said that windows and fire alarms in some schools were
broken and computers lacked proper software. Almost all teachers at West
Pembroke Primary School called in sick last Friday over a range of complaints,
including a shortage of teaching assistants. Danielle Riviere, the president of
the West Pembroke Primary School Parent Teacher Association, warned that similar
action could be repeated at schools across the island. Judith Alexander, the
principal of Purvis Primary School, added that “most” problems faced by
teachers at West Pembroke “are faced by all teachers”. Ms Alexander said in
a letter sent to parents yesterday that the island’s education system was in
“a state of uncertainty”. She said that a work-to-rule launched by head
teachers last month was “in protest at unbearable working conditions. Talks to
resolve problems were not making good progress. There is the possibility that
school personnel will be called on to down tools.” Ms Alexander said parents
would be notified by e-mail of any industrial action. The head teacher said
school staff were “committed to providing the best education. We are
appreciative of the support that we receive from our parents.” Cole Simons,
the shadow education minister, said yesterday that he was “very distressed
with the state of play with our teachers, paraprofessionals, principals, the BUT
and the minister. The tension, dysfunction and challenge that we see today truly
demonstrates how the minister and the ministry are disconnected from what really
transpires in our schools from a teaching, paraprofessional, administrative,
professional development and support perspective and, more importantly, parental
perspective. More synergy and better communication were needed among all
involved so there is a higher level of trust." He suggested the time might
have come for an independent education authority.
Teachers
have refused to enter pupils’ grades into an all-schools computer network, the
education minister admitted yesterday. But the head of the teachers’ union
called the minister’s comments “very misleading”. Diallo Rabain said
teachers had been told by the Bermuda Union of Teachers to “not enter grades
into our system”. He said: “For teachers to be told not to enter grades into
the system is a dangerous precedent that is being set and we intend to address
that.” Mr Rabain added that the union move was “completely unacceptable”.
He was speaking as he delivered an update on talks between the Ministry of
Education and the union about teachers’ concerns. Mr Rabain was asked to
confirm that pupils would receive report cards this term. He said that he had
earlier announced that midterm report cards would not be issued. Mr Rabain added
that parent-teacher conferences would be held to give parents updates on their
children’s progress. Shannon James, the president of the BUT, said Mr
Rabain’s comments were “very misleading”. Mr James said teachers were
“confused” on the standards-based grading system. He added: “Therefore,
the grades that have been entered have not been as accurate as they need to
be.” Mr James described the standards-based grading system as “the straw
that broke the camel’s back”. He explained: “The ways in which teachers
have arrived at a grade has varied from school to school due to the lack of
training around standards-based grading. Parents have expressed great concern
over teachers not being able to explain this new way of grading and it has left
them utterly confused.” Mr Rabain announced last month that the implementation
of a new standards-based grading system was to be suspended. He admitted that
teacher training for the new standards-based grading model “wasn’t as good
as it should have been” but that measures had been taken to improve teacher
preparation. Mr Rabain added at the time: “We are not looking to have any
grading come out until December.” Mike Charles, the general secretary of the
BUT, said last month that the union had “advocated strongly” for a delay in
the introduction of the new reporting system. Mr Charles said that teachers
“widely supported” standards-based grading, but problems with its
introduction had caused “a lot of anxiety”. The new grading system was
introduced in September. Kalmar Richards, then Acting Commissioner of Education,
said in a letter sent to parents in June that the new evaluation system ensured
“that all students, no matter which school they attend, are taught the same
standards and learning objectives”. Scores of 0 to 4 will be given to pupils
for their work under the new system, designed to replace the former percentage
or letter grades. The letter said a score of four showed advanced understanding
exceeding grade level and a zero indicated no evidence or insufficient evidence
of learning. A total of eight report cards a year are to be sent to parents
under the new rules.
Tawanna
Wedderburn has left the Bermuda Health Council, where she had served as chief
executive, the BHeC announced this afternoon. According to a statement, the
health watchdog is soon to announce the interim appointment of an acting CEO
until a new chief executive can be put in place. The BHeC thanked Ms Wedderburn
for her service since 2015.
Nordic
American Offshore Ltd has been awarded a one-year fixed contract for its
platform supply vessel NAO Power. The company has a fleet of ten platform
supply ships. NAO Power will commence its new contract early this month, and
will be working in the North Sea for a “first-class company”, according to a
statement by NOA. The contract also has two three-month options after the
initial firm period. Nordic American Offshore Ltd was created in 2013 by
Bermudian-headquartered Nordic American Tankers.
Bermuda’s
Visitor Services Centres will have new leadership in the New Year. Bermudian
Jakai Franks will fill the role as Operations Manager in January, bringing with
him 14 years of retail experience – including more than six years in senior
management. BVSC Ltd. is a subsidiary of the Bermuda Tourism Authority and is
charged primarily with increasing the amount of money visitors spend when they
come to the island. To accomplish this the BVSC team connects visitors with
experiences throughout Bermuda from the Visitor Services Centre in Dockyard.
Video advertising, online booking and touchscreen kiosks in the centres are some
of the resources used to improve the experience for visitors and encourage
spending with local entrepreneurs. In 2019, the same BVSC team will expand its
mission to manage the soon-completed Visitor Services Centre on the Hamilton
Waterfront, and in the spring, a centre in St. George’s as well. All three
outlets will include retail sales which help to promote the Bermuda brand and
grow brand loyalty among Bermuda’s visitors. The island’s brand has grown
steadily in popularity since January 2016 when it was officially launched. “As
the BVSC unifies visitor services across the island, we are pleased to have
Jakai lead the team with his wealth of retail and brand experience,” said
Karla Lacey, COO of the Bermuda Tourism Authority. “His great track record of
managing large teams at a senior level and his passion for merchandising make
Jakai the right person to strategize this part of Bermuda tourism’s future.”
In addition to operations, Jakai will also have oversight of further developing
visitor services and facilities management. He will also manage a new event
space at the Hamilton location. Jakai Franks was most recently head of consumer
operations at Digicel Bermuda. His first day with BVSC is January 2, 2019.
The
town of St George will get into the festive spirit tonight as the Bermuda
National Trust hosts its 40th annual Christmas Walkabout. The popular
holiday event draws crowds to the East End to visit historic homes and enjoy a
range of entertainment and activities. A spokesman for the National Trust said:
“Once again musicians, dancers and carol singers will entertain the crowds and
refreshments will be available throughout the Olde Towne and marked on a map
that will be distributed on the evening. “Many of the oldest continually
occupied buildings in the New World will be decorated and candlelit for the
event. Old Rectory, Bridge House, Stewart Hall, Buckingham, Tucker House, Reeve
Court and the Globe Hotel will be festively decorated with each offering its own
yesteryear experience. Children can meet Santa at the National Trust's members
area at the Globe Hotel.”
Bermuda
snubbed a meeting with British parliamentarians in London yesterday. The
Foreign Affairs Select Committee had invited Overseas Territories to give
evidence in an inquiry into the relationship with the Foreign Office. Walton
Brown, the Cabinet Office minister, said the meeting was “not on our
agenda”, which included David Burt, the Premier, who was in London before he
went to Brussels. Mr Brown added: “We do not feel that we have to answer to
the FCO, and so we did not appear before them.” A Government spokeswoman later
confirmed that Bermuda “declined to give evidence because the Government does
not report to the British Parliament”. Bermuda’s record of disclosure of the
beneficial ownership of companies also came up for discussion during the trip to
Britain. Mr Brown attended a round of meetings on beneficial ownership at
Lancaster House in London yesterday, organized by Tariq Ahmad, the UK junior
minister responsible for the Overseas Territories. He said that Bermuda was
“very clear that we have always upheld the principles of disclosing ownership
of certain companies”. But he added that there had been “concern” among
some of the OT representatives at the UK’s drive to push for public registers
of beneficial ownership as the global standard by 2023. However, Mr Brown said
that the possibility of “constitutional overreach by the UK Government into
the Overseas Territories” had not featured as a concern for Bermuda. He was
speaking as he and Mr Burt prepared to travel back to Bermuda today. Mr Brown
said he was also optimistic about the island’s bid to return the printing and
issuing of Bermuda passports to the island. Passports were taken over by Britain
last year and a new code on the documents has caused problems for some
Bermudians traveling through the United States from outside the island. Mr Brown
said: “They seemed to have a more sympathetic ear to our position, and I am
hopeful there will be progress made.”
Wayne
Caines, the Minister of National Security, and Collin Anderson, Permanent
Secretary, met with John Huff, chief executive officer of the Association of
Bermuda. The efficiency of the Department of Immigration in dealing with
work permit applications was one of the topics discussed in talks involving
government officials and the body that represents the island’s international
re/insurance industry. Insurers and Reinsurers, and Suzanne Williams,
Abir’s director of policy and regulation, yesterday. “At the meeting, we
provided updates on the Department of Immigration’s progress on immigration
reform and our success in eradicating the backlog of work permit
applications,” Mr Caines stated in a government press release. “We spoke of
the ministry’s objective to improve efficiency by identifying and improving
work flows and streamlining processes. We also discussed good corporate
citizenship and providing training and advancement opportunities for Bermudians.
Most importantly, we agreed that all of Bermuda must be included in the
discussion. This will ensure that above all else, the ideas and needs of
Bermudians are taken into consideration.”
A
former acting education commissioner has been renamed to the post for a
one-month stint. Llewellyn Simmons, Director of Academics with the
Department of Education, was appointed to act as Commissioner of Education
effective December 1. Dr Simmons will serve in the role until December 31. The
appointment was announced in a notice published on the Government’s website on
Tuesday. Kalmar Richards was named Commissioner of Education in September. Ms
Richards, the former CedarBridge Academy principal, had acted in the role since
last December after Freddie Evans was removed from the post two months earlier.
Diallo Rabain, the Minister of Education, said this morning that Ms Richards was
on compassionate leave.
Hundreds
of new tourism jobs will be created in the next two years as the industry
continues to grow, a Bermuda Tourism Authority consultant has predicted, in
reference to the new National Tourism Plan 2019-2025.
Anthony Bennett, managing director of marketing consultants RedSky Strategy,
said the island had already seen a 28 per cent increase in tourism jobs and that
new hotels would create even more opportunities. However, he added that some
Bermudians still had to be convinced that the sector offered long-term careers.
Mr Bennett said: “What we have found is tourism is not viewed as a viable
career for many people, and many people are discouraging their children from
going into tourism. A number of hotels are going to come online in the next two
years. There are going to be about 500 jobs and they will need Bermudians to
fill those jobs. If we don’t encourage people to come into tourism as a
career, there’s going to be a problem. We need people to support tourism —
not at the expense of everything else, but people need to support tourism for
tourism to work. One of the major reasons people love to come to Bermuda is to
interact with the locals. When we ask people what they like about Bermuda,
number one is sun, number two is beaches and number three is the locals. People
love interacting with locals. It’s what makes Bermuda special.” Mr Bennett
was speaking at the first of three National Tourism Plan information sessions on
Tuesday. The meetings were organized to outline the BTA’s draft plan for 2019
to 2025. Mr Bennett explained the focus of the plan was “Agility” — an
acronym for awareness and relevance, greener, infrastructure, local involvement,
innovation, teams and groups and year-round. He told the audience at the Port
Royal Golf Course clubhouse that the BTA planned to boost business in the winter
months through international meetings, conferences and sports groups. Mr Bennett
said: “When we spoke to people about coming year-round, we found that people
in Bermuda are quite apologetic about the winter. They say don’t come in the
winter. It’s not that great. I live in New York, and your winter is different
from my winter. Your winter is like our mild spring day. You shouldn’t be apologizing.
There’s huge potential for people who don’t want to go swimming but might
want to get to know the culture, the food and just relax with their spouse.”
The plan was designed to focus on strong existing markets such as New York,
Boston, Washington, Philadelphia and Toronto, but also to improve business from
places such as Baltimore, Hartford, Atlanta, Chicago, Dallas and San Francisco.
Mr Bennett said the BTA also hoped to attract more African-American visitors. He
added that last year 4 per cent of air arrivals were African-American, but that
Bermuda’s target markets were 11 per cent African-American. He said Europe
remained a difficult market because of the high cost of travel to Bermuda and
limited flights. Mr Bennett said: “Until the flight situation has improved
either by the introduction of another airline or another gateway airport, we
think the potential is greater in the US. We definitely want to engage it, but
it’s not the focus right now.”
Changes
to the laws governing the independent Bermuda Tourism Authority could herald a
government takeover, an Opposition senator said yesterday. Marcus Jones
added that the Bermuda Tourism Authority Amendment Act may seem “practical and
logical to the layman” but was a “red flag” to those in the industry. Mr
Jones, who has worked in hospitality for 25 years, said that general managers of
hotels wanted the Government to provide concessions and long-term planning for
the sector. He added: “Once the Government does those two things, get out of
the way.” Mr Jones was worried that the legislative changes were “a move for
the minister of the day” to get “closer to the day-to-day operations” of
the BTA. He added: “Is it the start of a full takeover?” Mr Jones was
speaking during a Senate debate on the controversial legislation passed in the
House of Assembly last month. The independent, but taxpayer-funded, BTA’s
board members were in the past elected by the board in consultation with the
tourism minister. But the amendment will mean board members will be appointed by
the minister after consultation with the board. A second amendment gave the
minister power to appoint a deputy chairman of the BTA. The deputy chairman
would not have to be an existing board member but must have “suitable
qualifications and experience in the travel and tourism sectors”. Mr Jones
said that it was important that a “gap” existed between the minister and the
BTA board to “remove the appearance of ministerial interference”. However,
Jason Hayward said Mr Jones’s views were a “grandiose exercise in
pontification” and insisted the Bill was not about the Government taking
control of the tourism industry. Mr Hayward said: “This is not increasing the
powers of a minister — this is simply providing the minister with greater
input on the make-up of the BTA board.” The Progressive Labour Party senator
added that the Government was “not trying to play games with tourism”. Mr
Hayward said: “If tourism is doing well, we certainly don’t want to put
measures in place that impede the success of the tourism industry.” He told
senators that the BTA was created on the understanding it would in time operate
without government funding. Mr Hayward added: “I’m not sure what happened to
the business model, but that is not the case.” Nick Kempe, Senate leader for
the One Bermuda Alliance, said that the idea that the BTA was not self-funding
was a “bit of a fallacy”. Mr Kempe said that money collected through hotel
occupancy and cruise ship taxes went to the Government, with a grant later
provided to the BTA. He added: “If those taxes — which are the two primary
taxes created by the tourism sector — went directly to the BTA they would have
a large over-fund each year.” Mr Kempe said the National Tourism Plan
“should trump government policy”. He added: “I’m struggling to figure
out why we’re trying to fix something that isn’t broken.” James Jardine
highlighted the “excellent results” achieved by the BTA. The independent
senator added: “We need to ensure that these positive results continue. We
need to be careful that moving forward we don’t tinker too much with something
that is running well.” Mr Jardine said that he had examined legislation for 11
other island quangos. He said that he had “no issue” with the appointment of
a deputy chairman by the minister, or with the minister being the only person
who can appoint persons to the board after consultation with the board. Mr
Jardine added that since the BTA relied “substantially” on a government
grant “the Government must exercise some control over whom it appoints to be
responsible for the governance of this key authority”. He added: “Politics
must not play a part here.” Mr Jardine said that he was prepared to support
the Bill, but that he encouraged the Government to conduct a “detailed
review” of all quango legislation “to ensure consistency with the governance
aspects”. Crystal Caesar, a PLP senator, said the legislative amendments had
“nothing to do with the day-to-day operations” of the BTA. She added:
“This all speaks to how the board and the minister interacts.” The Bill
passed despite objections from OBA senators Mr Jones, Mr Kempe and Dwayne
Robinson.
Bermuda’s
insurance and banking industries have little to fear from imminent legislation
to address European concerns over “economic substance”. That is the view
of Christian Luthi, chairman of international law firm Conyers Dill and Pearman,
who is confident the island can adapt to the upcoming new rules. However,
another source, a retired industry veteran who asked not to be named, believed
that many of the island’s captive insurers could struggle to meet the
substance test. The Bermuda Government has committed to enacting new laws by the
end of this year to keep Bermuda off the European Union’s list of non-cooperative
jurisdictions. The object is to end the practice of international companies
cutting their onshore tax bills by diverting profits to offshore entities that
lack economic substance. Mr Luthi said that Conyers was one of the industry
stakeholders to have worked closely with the Bermuda Government over the past
year on developing draft legislation. “Many Bermuda entities already meet the
requirements,” Mr Luthi said. “Indeed, for certain of our key industries
such as insurance and banking, the EU has expressly recognized the substantive
nature of those industries in Bermuda. It is expected that, for such entities,
compliance with their existing regulatory requirements will be deemed to satisfy
the new economic substance regime.” Bermuda has only four banks, all of which
provide services to residents and employ local people. Most of the island’s
international insurance and reinsurance companies can also point to their local
staffs, including executives and underwriters, and locally held board meetings
as evidence of “substance”. However, the substance argument may be more
difficult to make in the case of captive insurers, according to a source who
worked in the industry for more than four decades. Captives insure the risks of
their parent corporations and some write third-party business as well. Hundreds
of captives are domiciled here and are overseen by captive management companies.
“The captive managers do not make underwriting decisions — in my experience,
the premiums are decided by the captive owners,” the source said. “And I’m
not aware of any captives that have claims teams here.” Bermuda’s
legislation will be based largely on the European Code of Conduct Group’s
scoping paper on economic substance, published in June this year. The paper
referred to “intragroup captive insurance” as an activity “likely to need
further analysis”. However, the bulk of the island’s captive business is
focused on North America and for many of these, tax avoidance is not a charge
that can be leveled at them. As Mike Parrish, head of business development for
Marsh Management Services Bermuda, said during a captive-focused session at last
month’s Bermuda Executive Forum event in London, most captives take the 953(d)
tax election, meaning their companies are subject to US taxation. Subsidiaries
of multinational corporations who employ no one, conduct few economic activities
on the island and book significant profits derived from sales elsewhere are the
real targets of the EU. Many such entities exist in Bermuda. They contribute
significantly to the island’s prosperity, according to Bob Richards, the
former finance minister. “While such companies may not directly and
individually employ people in Bermuda, collectively, the administration of such
companies does indeed employ many, many Bermudians and results in the collection
of millions of dollars of tax revenues by the Bermuda Government,” Mr Richards
wrote in an op-ed in The Royal Gazette in June this year. Although the
substance requirements are a European initiative, they are set to become a
global standard, as the Organisation for Economic Co-operation and Development
has stated that its Forum on Harmful Tax Practices will eventually replace the
EU’s “2.2 substance regime”. Mr Luthi said Conyers was one of many
stakeholders to have helped the Government to balance addressing EU concerns
with Bermuda’s economic interests within the new rules. “Conyers has been
working closely with Government over the past year, as part of a focused
consultation group tasked with developing draft economic substance
legislation,” Mr Luthi said. "A great deal of time and thought has been
put in by Government and industry to ensure that the new law and regulations
meet EU and global requirements, while protecting Bermuda’s interests and
ensuring our business model remains competitive. While this is a significant
change that will affect a number of Bermuda-domiciled entities, it is important
to view the legislation in its global context. The EU substance requirements —
soon to be a global OECD standard — apply to all offshore jurisdictions. The
Channel Islands, Cayman Islands, BVI and many others are all in the process now
of tabling materially similar legislation, with the expectation for all such
jurisdictions that the legislation will be in place by the end of this year.”
David Burt, the Premier, has argued that the legislation is necessary for
Bermuda to continue to meet global standards and added that it will be tabled in
the ongoing parliamentary session. Mr Luthi said that the impact of the changes
may not be all bad for Bermuda. “Bermuda and its business community have a
long history of adapting to change and making the most of any opportunities it
affords,” Mr Luthi said. “As a strong and transparent jurisdiction, we are
confident that Bermuda is well placed to manage the introduction of substance
requirements. At Conyers, we have already informed our clients of the pending
changes with regard to substance requirements. We continue to be available to
help them understand the requirements and meet their obligations.” The
legislation is likely to add regulatory burdens and costs, for both companies
whose substance will be monitored, and whatever public-sector entity has the
responsibility of doing the monitoring. Some have noted the lack of specifics in
the requirements in the EU scoping paper, which, for example requires “an
adequate number of employees with necessary qualifications and an adequate
amount of operating expenditure with regard to the core income-generating
activities”. There will undoubtedly be differences of opinion over what
constitutes “adequate” for different companies and different sectors,
raising the possibility of legal challenges. “One problem is that the
requirements are vague, but there is no independent system to rule on whether
jurisdictions have complied,” Richard Teather, a tax policy consultant who
advised Jersey on its “substance” legislation, wrote in the Cayman
Financial Review. “The sole arbiter is the EU Code of Conduct Group, and
if it decides that a jurisdiction is not demonstrating sufficient commitment to
economic substance — in its laws, its enforcement and its reporting — then
that jurisdiction can be placed on the blacklist.” He did not expect the
substance rules to have the EU’s desired effect. “Studies into the reaction
of businesses and investors to these requirements have found that, rather than
moving operations back to high-tax countries and facing ever-increasing tax
bills, they will do the opposite and move more of their actual activities to
low-tax locations, to make it easier to demonstrate economic substance there,”
Mr Teather said. "This will be a huge problem for the European Union,
because when those economic activities are moved out, they do not only lose
corporation tax, but they lose jobs, income and employee taxes as well.”
In
the early 1980s, tangible assets made up around 80 per cent of the value of the
S&P 500. Fast forward to today and nearly 85 per cent of the value of
the S&P 500 is attributable to intangible assets. However, the risk transfer
market has not caught up. According to the Aon/Ponemon report of last year,
while around 60 per cent of tangible assets, such as property, plant and
equipment, are currently being insured, only 12 per cent of informational assets
are. So what gives? Why, if the vast majority of company’s values in 2018 are
attributable to intangibles, are they not transferring those risks? Is it a lack
of education on the client side? A lack of innovation in the brokerage
community? A lack of understanding or willingness to accept these new risks on
the carrier end? Or is it that whilst the marine and property markets have had
centuries to evolve, the newer intangible insurance markets are just gearing up
to size as they collate the data they need to properly price and model these
risks? Likely, it is some combination of all of these factors. We have seen
great strides in the cyber market, with double-digit premium growth over the
last four to five years. The market has evolved from being focused on large data
holders, to providing products which contemplate the cyber perils affecting
manufacturers, the transportation industry and other non-data holders. Business
interruption has quickly morphed into system failure coverage. Contingent
business interruption now looks more akin to full supply-chain risk, not just
for IT service providers but now contemplating all vendors. Bodily injury and
property damage stemming from non-physical threats complete the circle back into
tangible loss being covered under cyber policies. Intellectual property (hands
down) makes up the largest dollar percentage of the intangible asset value of
the S&P 500. This has long been a conundrum for the industry as a whole —
both in terms of how to value the asset and more so how to value the loss.
Again, we have seen great momentum here with much larger limits than were
historically available now obtainable from the markets both as a theft product
as well as being offered for IP infringement. Even now carriers are
contemplating supporting the multi-trillion dollar asset class of intellectual
property when used as collateral. This could dramatically impact both the equity
financing model and asset backed lending world we know today. Clearly the will
to innovate is alive and well within the industry. It is tough to price emerging
risk when the models that our industry are built on rely on historical data,
data that is often out of date or irrelevant in these rapidly evolving
intangible classes of business. New ways to price and structure these insurance
purchases have to be found in order to maintain the industry’s relevance in
today’s world.
The
mother of an American teenage rugby player who was found dead in Bermuda in
March has thanked Bermuda for its help. Lisa Dombroski said that her family
was grateful “to the many kind Bermudians” who had helped in the search for
her son Mark Dombroski. Ms Dombroski said: “So many people have been kind to
us.” She was speaking after an inquest into the death of her 19-year-old son
finished this week. Ms Dombroski said: “Our greatest blessing was to be the
parents and brothers of Mark Dombroski. He was so fun, loving and happy, an
all-around good kid. This tragedy and loss has been felt greatly as Mark was a
good friend to many.” She said that every day without her son was a challenge
for the family. Ms Dombroski added: “We appreciate the kind expressions of
sympathy from the Bermudians who don’t even know us, but clearly have big
hearts.” Mr Dombroski’s body was found in the dry moat at Fort Prospect,
near police headquarters, on March 19. He went missing a day and a half earlier
when he left a Hamilton bar alone after a night out with friends. Mrs Dombroski
said the family had formed a foundation in memory of Mr Dombroski which had
“been active with giving back to many organisations that promote youth
education, athletics, safety and wellbeing”. She added: “It is the
foundation’s desire that other children will know the joy that Mark lived and
that his happy, inclusive and kind spirit will live on in the lives the
foundation benefits.”
Building
firm leaders should develop fresh talent and take control of their industry
before others do, a construction company chief said yesterday. Charles
Dunstan said he wanted to see the creation of “industry-driven” occupational
advisory committees for every trade that would allow experts in areas such as
masonry, plumbing, carpentry and tiling to shape and set industry training
standards. He added: “That becomes the bible — it goes to workforce
development, it goes to immigration, everyone understands that’s what is
required in the local industry.” He said the advisory committees would also be
well-placed to advise on the appropriate number of apprenticeships or work
permits for each sector. Mr Dunstan said: “If the call isn’t answered, and
no one steps forward to form OACs, then someone else is going to make those
decisions.” He warned that unions or a government department would step in to
set guidelines instead. Mr Dunstan added: “The risk is that it’s going to be
people who aren’t knowledgeable enough about what the industry actually needs
to function.” He was speaking as he stepped down as Construction Association
of Bermuda president after seven years. Mr Dunstan said a more structured
approach was needed to train and assess laborers and that he hoped people would
change their perceptions of a career in the industry. He added that a more
professional approach to training would encourage more young people to remain on
the island, which would boost the economy and reduce reliance on foreign
workers. Mr Dunstan said: “I’m shouting out to the community, first of all
to my industry to say, this is where we need to be and this is what we need to
be doing, the whole model of building your business off of a team of experienced
and qualified people from overseas isn’t going to be sustainable in the long
run. You have got to build the local workforce.” Mr Dunstan added the
association spoke to high school pupils but that children had to be introduced
to construction trades aged as young as 11 to harness their interest. He said
that university level scholarships had developed managerial talent, but too
little was done to attract entry-level workers. He explained: “What we’re
missing is that middle lane, that middle pathway, that leads to a trades career
of the apprentice who then becomes a master tradesman. That’s where we’ve
failed, we haven’t had the programmes that really have connected the dots and
shown parents, students, even the educators, that clear pathway.” Mr Dunstan
said that “significant progress” had been made in the past year,
particularly with the Department of Workforce Development and its former
minister Diallo Rabain. However, he added that the association and its members
had been unaware of the opportunity to use government-backed apprenticeship
contracts. Mr Dunstan explained that the government scheme allowed employers to
develop staff through structured programmes that included education funded
wholly or in part by the workforce development department. He said a significant
attraction would be the offer of payroll tax relief to the businesses involved.
He noted that work permits are tied to the contracts, which means a set number
of foreign workers can be employed for each apprentice. Mr Dunstan added that he
“firmly” believed that was a way to encourage employers and make sure they
considered succession planning. He asked company executives to approach the
association if they wanted more information or assistance. Mr Dunstan, the
managing director of contract and supply firm Kaissa, said: “The nice part
about these government contracts is that they put a real structure to it, it
gives the employee some real obligations and it gives them some real outcomes at
the end too. The employer has satisfaction that this person is abiding by the
terms of his contract and their learning. We should be able to see the outcomes
in terms of their graduation and results from their courses and know that at the
end of each level we can clearly state that this person is able to perform at
this level, within that trade.” Mr Dunstan, who will remain on the
association’s board, said that, as well as developing self-esteem, empowerment
and career opportunities, structured apprenticeship schemes would help bring the
“clear hierarchy and strata” lacking in the industry. He claimed the
apprenticeship programme would remove subjectivity from work permit applications
and offered Bermudians the chance to show they have reached trade benchmarks. Mr
Dunstan added that the next step would be to consider minimum wages for each
tier “so that a Bermudian shouldn’t be disadvantaged, simply for wanting to
make an adequate wage attached to his level of experience”. He said: “There
are isolated examples of employers who will go out and seek low-paid but
qualified masons, say, from overseas and then attach that wage level to their
stated job description, so that when a Bermudian applies for the job, they say,
‘I can’t work for that’.” The CAOB, now headed by Simon Tully, whose
career has developed in the air-conditioning industry, trains older members of
the workforce to teach younger ones and plans to become an official assessment
centre to establish levels of knowledge and skills gaps. Mr Dunstan said the
country was “paying the price” for the collective ambition to send teenagers
into the academic world. He added: “There’s a perception in the community
that nobody wants to send their children to work in construction. As a parent,
that’s not your goal necessarily. There’s a whole mindset that you have to
send your children to college. While I think that getting away from Bermuda and
being more independent is great and I do firmly believe in that ... it’s not
for everyone.” Mr Dunstan hoped the introduction of a more organized framework
would encourage young people to remain at home. He said: “The children who
leave the island to go to school for four years, they’re not here inputting
into the community for nine months a year, so we’d have people who are here
making money, at a younger age, building their savings, maybe investing in
property ... and really just spending within our economy. Rather than going out socializing
in a restaurant overseas, they’re doing it here.”
The
Premier has “forcefully” called on British authorities to resolve problems
for Bermudian travelers after the printing of Bermuda passports was shifted to
the UK. A government spokeswoman said David Burt and Walton Brown, the
Minister for the Cabinet Office, addressed Joint Ministerial Council meetings in
London about the “urgent need to resolve Bermuda’s passport issue”.
Britain took responsibility for the printing of Bermuda passports last year on
security grounds. But the coding for the travel documents was changed, which has
hampered travel for Bermudians with UK-printed passports who want to enter the
United States from jurisdictions outside the island. Mr Burt said that the
meeting today had “moved us closer to resolving the longstanding problem of
Bermuda passports being printed and issued in the United Kingdom”. He added:
“We met with officials from HM Passport Office and left with assurances that
this important matter will be addressed. Minister Brown and I will continue to
push until an acceptable solution is in place.” Switching Bermuda passports to
the GBR code has meant travelers have been told that they need to have a US
Electronic System for Travel Authorization. But Bermudian travelers are
permitted to enter America without an Esta under an agreement with the US.
Bermuda passport showing holder is registered as a Bermudian
A
man who refused a breath test because he thought a rum-based colon cleaning
remedy would cause him to fail it has lost an appeal against his conviction for
refusal to give a breath sample. George James said he drank a mix of
over-proof rum, garlic and honey after he crashed a car and before he spoke to
police. However, Acting Justice Jeffrey Elkinson upheld the decision of
magistrate Khamisi Tokunbo that James’s version of events did not give him the
right to refuse a breath test. Mr Justice Elkinson wrote in a judgment published
last week: “The magistrate was right to reject those submissions and proceed
to convict the appellant on a very clear refusal to give a breath sample. The
appellant’s knowledge that he would fail the test could never be said to be a
reasonable excuse not to take it.” Magistrates’ Court earlier heard evidence
from police that they found a car blocking Sound View Road in Sandys after it
had collided with a wall in the early hours of March 4 last year. The owner of
the car was contacted and told police James had been behind the wheel. James
later returned to the scene and spoke to police. He admitted that he had been
driving the vehicle and that he had four beers earlier in the evening. He was
arrested and taken to Hamilton Police Station but he refused to take a breath
test. James told the officers that several days before the crash he had started
a “colon cleaning” process, which involved drinking Jamaican white rum and
garlic. Officers reported that they smelled alcohol on James, but not garlic.
James told Magistrates’ Court during his trial that he had lost control of the
car as he negotiated a corner. He added: “I may have reached for something.”
James claimed he called police when he was unable to move the car, waited for 30
minutes, then went home where he drank the cocktail of rum, garlic and honey. He
said: “I was conflicted about the test because knowing the content of the
Jamaican rum, an over-proof rum, I would have failed that test.” Michael
Scott, who appeared for James, argued his client had a reasonable excuse to
refuse the breath test in the circumstances. But Mr Justice Elkinson wrote:
“It is hard to discern the merit in such a submission where effectively the
appellant himself determined that he had a reasonable excuse for not taking the
breath test. The reasonable excuse amounts to nothing more than the
appellant’s opinion that he would fail the breath test because of the
alcoholic content of his colon cleansing mixture. It is an extraordinary notion
that a refusal to take a breath test on the basis that you will fail it could be
a reasonable excuse.” He added that if James had taken the breath test, he
could have later argued in court that he had drank the alcohol after he had been
driving.
Tax
breaks will be offered for the conversion of a failed housing development in
Warwick into a hotel if legislation tabled in the House of Assembly is passed.
The Bill was designed to give customs relief on materials imported to turn the
Grand Atlantic apartments into the Bermudiana Beach condo hotel. The legislation
would also give the Bermudiana Development Company, a subsidiary of the Bermuda
Housing Corporation, exemption from hotel occupancy tax for ten years, as well
as a ten-year break on the employer’s share of payroll tax if there is a
management training programme in place and a ten-year deferral of landholding
charges. And BDCL would also avoid land tax for five years — from the
resort’s sixth anniversary — if 70 per cent of its employees are Bermudian
over the period. The Grand Atlantic was built as affordable housing and opened
in 2011, but the scheme was a failure and only two apartments were sold. There
were also fears about the stability of a nearby cliff face. The previous One
Bermuda Alliance government announced in 2014 that the site would be turned into
a hotel and developers MacLellan and Associates signed a memorandum of
understanding. But the project was stalled so the site could be used to house
sailors and support staff from the America’s Cup competition last year.
Lieutenant-Colonel David Burch, the Minister of Public Works, announced in March
that the resort was expected to open to its first guests in two years. Colonel
Burch added that the redevelopment would be carried out with co-developers OBMI
Bermuda, a firm of architects, and Bermuda Realty Company Limited. Hotel
operations and commercial management will be provided by MacLellan &
Associates, with 71 of the condos to be refurbished. The other seven apartments
will be converted into a reception area, a bar and restaurant and an operations
centre.
Sir
John Swan flew to Washington yesterday for the funeral of former United States
president George H.W. Bush. Sir John, a former premier, knew Mr Bush at
first through political contacts, but the two also became friends. The
island’s elder statesman said: “He was a man of great integrity and great
honour. He believed in the best that could be believed of his fellow man and
built a coalition of friends around the world, almost unprecedented for a
president.” Sir John added: “To Bermuda, he was a dear friend who paid many
visits here, before he was president and afterwards, as well as when he was a
president. He even flew kites here on Good Friday. Mr Bush, who was 94, died at
his home in Houston last Friday. A state funeral will be held today at the
Washington National Cathedral before his body is transported back to Texas for
another service and burial. Sir John first met Mr Bush when he was
vice-president to Ronald Reagan in the early 1980s as he negotiated the tax
treaty with Washington which allowed the island to experience a boom in
international business. He added: “He was a true example of what we want in a
world leader.” Sir John added that Mr Bush was “fortunate” to have the
support of his wife, Barbara, who died, aged 92, in April. He said: “He had a
wife who was very smart, very devoted to her family and very supportive of his
objectives throughout his life.” Sir John said that the negotiations he
started with the US in 1982 concluded with a satisfactory treaty in 1998. He
added: “It was quite a feat. I give him and Mr Reagan and their colleagues
great respect for the final result of that process. At the same time, we were
able to reach across the political spectrum of friendships that transcended all
other issues and came to a consensus on what was best for everybody.” Sir John
added that, on the global stage, Mr Bush had “pulled together” the
multinational military coalition that ejected Iraqi president Saddam Hussein and
his army from Kuwait in 1991. He said: “I miss him as a person and as a
leader. He had a lot of years in and was one of the oldest living former
presidents. We will all miss him, no question about it. I am honored that we
were invited and I’m sure that honour is extended to Bermuda, not just me.
Bermuda and the US have played a major role, particularly during the Second
World War and the Cold War. We’ve been allies in the interests of democracy
and freedom for a long time and our interests have always been in parallel with
each other.” Sir John highlighted the US Customs pre-clearance enjoyed by
Bermuda as another example of the good relationship between the two countries.
He said: “We must continue to firm up the relationship with the United States.
It doesn’t matter which president is in office. We’re talking about a
country and that’s the important thing.” Other Bermudians yesterday
remembered their meetings with Mr Bush, who visited Bermuda in 1990 for a summit
with Margaret Thatcher, the British Prime Minister at the time. Craig Ferguson
was only 9 when he was selected at random to present kites to the two leaders
and fly them with them. Mr Ferguson, now 39, was a pupil at Port Royal Primary
School when he and a girl pupil were picked to meet the leaders. He said: “I
presented to Margaret Thatcher and she presented to George Bush.” But Mr
Ferguson said he was not aware of the significance of the event at the time. He
added: “For me it was just the fun of flying kites.” Mr Ferguson said he
still remembered an autographed copy of the photograph taken with Mr Bush
arriving at his parents’ home months later. He added: “That picture is still
at my parents’ house.” Mr Ferguson said: “It was cool to be a part of,
definitely something I won’t forget.”
Teachers
at West Pembroke Primary School have returned to the classroom after they staged
a sickout last week. Mike Charles, general secretary of the Bermuda Union of
Teachers, said: “Representatives had a meeting and all the teachers are back
at work but the problems have not been solved — these are systemic problems.
The teachers are adamant that they need to be fixed.” But Mr Charles added:
“It all depends on whether or not the Ministry of Education has the will to do
it. I would hope that this action has an impact for the sake of our children
because that is who is being disadvantaged by all of this. There are problems
throughout the system — it is not only West Pembroke. They are not exactly the
same in every school but these are problems throughout the system. We don’t
know if other schools will follow suit but only time will tell.” A government
spokeswoman confirmed the Ministry of Education had met the BUT and the Parent
Teacher Association at the school in the wake of the sickout last Friday. She
said: “The issues submitted to the Department of Education by the school’s
PTA were discussed and the ministry shared the proposed resolutions, some of
which have been in place since November 19. The ministry is making a concerted
effort to work with the parents and teachers at West Pembroke to resolve their
concerns and that of our entire public school system.” She added that the
results of the meetings and proposals by the Government would be revealed later.
Almost all of the school’s teachers took industrial action on Friday over a
range of problems, including the lack of a teaching assistant for pupils on the
autism spectrum disorder programme and a lower-school support teacher. A parent
of a child at West Pembroke said that the Ministry of Education needed to be
more in touch. The parent said: “It is very obvious the schools and teachers
are under-resourced and underfunded for basics needed to maximize learning for
our most vulnerable members of society, five-year-old public school students. It
appears obvious the ministry is out of touch with the teachers on the front
line.” The parent suggested that employees at the education ministry should
spend four days a year in classrooms so they could see the problems faced by
frontline staff. The parent added: “This should go for the Minister of
Education also. If I was minister, this is what I would do to be sure I was in
touch and had my finger on the pulse of the front line. To have a single
learning support teacher in a school of 200 children when there were two last
year is unfathomable and unforgivable if we are genuinely looking to improve our
society.”
The
Bermuda Blood Donor Centre is today thanking two donors, Mr Peter Barrett and
Chubb, who have provided funding for polo shirts that are being awarded to long
term blood and aphaeresis donors who have donated throughout this year. Peter
Barrett first made a donation for the Blood Donor Centre to purchase shirts for
people who donated over a 3 month period if they were long term donors. To make
this a more regular thank you throughout 2018, Chubb stepped in to fund the rest
of the year’s supply of the shirts. Chubb is also a competitor in the
Corporate Blood Donor Competition 2018/19. Dr Eyitayo Fakunle, Consultant Hematologist,
comments: “Our blood donation is entirely voluntary, in line with World Health
Organisation best practices. These shirts show our gratitude for people who have
donated regularly this year, supported by Mr Barrett and Chubb. We are very
grateful to them for this support in recognizing true heroes who save lives in
Bermuda every day. Our hope is that seeing friends and family in the polo shirt
may also encourage others to overcome whatever inhibitions they have and to join
the most giving group in Bermuda – blood and aphaeresis donors.” Mr Barrett
comments: “It was a pleasure to work with the Blood Donor Centre to initiate
this programme. We should all be very grateful that Chubb has stepped forward to
keep this programme going. For those who can, I encourage everyone to volunteer
a small part of their day to donate. Your pint of blood saves lives and it also
helps to manage the healthcare needs of at least three patients. Without
question your donation has a significant ripple effect throughout the
community.”
Premier
David Burt sat down with the UK Overseas Territories Association yesterday as
part of a series of meetings in London. Mr. Burt said online that the
meeting, held in Westminster, was “critical for Bermuda”. The association
was set up to promote the interests of the Overseas Territories in Britain and
encourage co-operation among the jurisdictions. Mr Burt also met the
Britain-Bermuda All Party Parliamentary Group at the House of Lords to update
members on “the latest developments in Bermuda”.
A
special reserve fund could help to balance the risk in one of two
“transformational” health insurance options being considered by the
Government. The reserve would allow funds to flow between insurers with
relatively healthy policyholders, who take little out of the system, and those
whose members put greater demand on services. In the other option, a single body
would manage standard package payments for everyone in Bermuda and only
supplementary benefits would be covered by private companies. Kim Wilson, the
health minister, outlined the schemes after a Throne Speech pledge to develop a
national plan that will put all island residents into either one of two health
insurance pools. She told The Royal Gazette that a change was needed to
balance the provision of a good standard of healthcare at a reasonable cost. Ms
Wilson said: “One is we need to reduce premiums. Two is we need to ensure that
everyone in Bermuda has affordable insurance coverage. Three we need to improve
basic coverage to help promote health; and then, finally, of equal importance,
is to contain costs. At this point we spend over $700 million a year on
healthcare. Obviously, that’s not sustainable. In order to draw that in, we
need to find a better way in which we are collecting the money and how that
money is spent with respect to the provision of healthcare; that’s where
health-financing reform comes in.” Better use of resources was one of 14 goals
listed in the Bermuda Health Strategy 2014-2019, which also included regulation
of clinical care standards and the encouragement of healthy lifestyles. Ms
Wilson explained that thousands of health insurance pools are operated in
Bermuda. She said the smallest groups would feel the effects of major demands
made by their policyholders, for example in the case of a catastrophic injury or
illness, more than if they were in larger groups. Ms Wilson added: “We’re
looking at pooling all 65,000 people; all of the population will be pooled in
either one of two pools so that we’re spreading the risk.” She added: “We
would also be looking at introducing a benefits package that would include
things like hospitalization, medication, long-term care, preventive care ...
that particular benefits package would be costed out and we do believe it would
be more economical than what is the current position.” The minister added that
a bipartisan committee carried out “extensive work” in 2012 and came up with
two financing options. One was the unified model, where a single insurer
provides the standard health benefit, a basic package expected to include
medication as well as long-term and preventive care, and distributed payments to
providers. This is a similar approach to Canada’s and would mean private
insurers offered supplemental benefits. Ms Wilson said there were three options
to manage the basic package payments — a private insurer, quango or, maybe the
“least desirable”, a government department. She explained: “If the
decision was to go with a private insurer there would have to be a request for
proposals and a very comprehensive procurement and competition to decide who was
going to get such a large package, because we would be talking about hundreds of
millions of dollars.” The second proposal is a dual model, which would include
a large public insurer covering standard benefits and ensuring provision for
government-led schemes such as the Health Insurance Plan and FutureCare. Private
insurers could also sell the standard health benefit as well as their
supplementary coverage. Several European countries, including Switzerland,
manage healthcare financing under similar schemes. Ms Wilson added: “The
difference here between this and what happens now is that currently insurers
have to include standard health benefit in any package by law but they don’t
actually have to insure anyone, so they can deny you for pre-existing
conditions, they can deny you if you’re over 75, which they all do
universally, so they have flexibility on what risk they take on. So if you’re
bad risk, they don’t accept you. In the dual model, that wouldn’t be
allowed, you would have to take whoever came to you at any time, in whatever
state they’re in.” Ms Wilson said a “very significant” aspect of the
dual system would be the inclusion of a “risk equalizer” that acts like a
funds reserve or cash pot. She explained: “If any insurer ends up with a very
healthy pool and they ended up making money off SHB — if they paid less in
claims than the premium they collected — then they would have to give some
money back to the risk equalizer, so that the other insurer that wound up with
very sick people — spending more than they collected — then they would have
to get the money back from the risk equalizer.” A consultation group that
included employers, unions, insurers and medical representatives recently
reviewed the 2012 recommendations and submitted responses. Ms Wilson started to
look over the submissions last week and said she planned to make recommendations
to Cabinet this month so that ministers can decide which of the two options
should be chosen. She added more work and further public consultation will
follow, with town hall-style information meetings possibly “in the first
quarter” of next year. Ms Wilson said a new system could not come soon enough.
But she added that the effects of a change would be seen by 2020. Ms Wilson
said: “This is a huge process and a huge shift from how we’ve been doing it
heretofore, so I have to learn to be patient. This is truly transformational.”
Chubb
Limited announced preliminary net loss estimates in the fourth quarter of 2018 attributable
to the California wildfires of approximately $225 million pre-tax, or $195
million after tax. These estimates do not include losses from Hurricane Michael
or other weather events occurring globally in the quarter. The company believes
its estimated losses from Hurricane Michael are currently at the upper end of
the range of $150 million to $250 million pre-tax that was previously disclosed.
These estimates are net of reinsurance, include reinstatement premiums and
comprise losses generated from the company’s commercial and personal property
and casualty insurance businesses as well as its reinsurance operations.
A
special “viewing village” is to be set up for this weekend’s Christmas
Boat Parade in Hamilton Harbour. The City of Hamilton, which has taken over
organising the event, said it was pleased to bring “a family-friendly
atmosphere to the evening” and that other entertainment, including a Kids’
Zone, would be on offer. JetPack Invasion, which use hydro fliers, lights and
music to put on spectacular shows, will also perform at the event. Charles
Gosling, the mayor of Hamilton, said: “This is one of the most highly
anticipated social events in Bermuda, held at such a festive time of year.” He
added: “I encourage everyone to come out and support the participating
captains and their crews and the numerous vendors that will partake in the
evening’s festivities. It’s such a special time of year and this holiday
event is a community-driven one so I applaud all those boats taking part and
look forward to wearing my judge’s hat. My special thanks to the City’s
events team that has taken up the reins of the organisation of the parade — a
first-rate event for our local community and visitors with the continued support
of the event sponsors.” The special vantage point for the event, which starts
at about 6.30pm on Saturday, will be set up in the No. 1 car park on Front
Street. Bleachers will be set up in the car park and food and other goods will
be available for sale. Steve Thomson, spokesman for the Bermuda Boat Parade
Charity, which founded the event, added: “We are thrilled that after a
three-year absence the Bermuda Christmas Boat Parade has returned and will, by
all accounts, be bigger and better than ever. With the support and guidance of
the City of Hamilton, and of course the numerous sponsors, the event this
Saturday should be a wonderful success.” People can also watch the parade from
Albuoy’s Point to the No. 5 car park, opposite Flanagan’s Irish bar. A City
spokeswoman said that, as seating will be limited, people were welcome to bring
their own chairs. Renee Bullock-Cann, head of retail banking wealth management
for HSBC, the lead event sponsor, added: “Bermuda may not be the only country
to hold a boat parade, but we happen to think that ours is unique in that it
represents all that is great about the Island and our culture. I know I speak
for my colleagues at HSBC in saying that we are proud to be the lead sponsor of
this event and are all looking forward to seeing what the boat parade entrants
have in store for the community this year. An incredible amount of work and
creativity goes into each and every boat on display and we hope that as many
people as possible will come out and enjoy what is going to be an exciting and
beautiful event, complete with HSBC employees adding to the fun in the streets
of Hamilton.” Road restrictions will be in force. Police said that Harbour
Road will be a single one way lane heading east into Hamilton between 6pm and
9pm to allow for parking on the west side of the road. They warned that people
attending house parties that take advantage of the Harbour Road parking must not
block private access driveways, and must remove their cars by 9pm when the
westbound lane reopens. Sponsors for the parade include Chubb, the Oil Group of
Companies, insurance firm Colonial, The Hamilton Princess and The Royal
Gazette. Supporting sponsors include Phoenix Stores, Masters, Gorhams,
Rubis, Barritts, Butterfield & Vallis, Elbow Beach Hotel, Fairmont
Southampton, Bacardi, Little Venice Group, The MarketPlace and The Reefs hotel.
More information about the Bermuda Boat Parade can be found at
wwww.cityofhamilton.bm.
One
of five teenagers accused of killing Bermudian Lyrico Steede has said one of his
co-accused admitted the fatal stabbing in a Nottingham park. Remmell
Miller-Campbell, 18, told Nottingham Crown Court he did not know the group had
gone to the park with the intention of stabbing Mr Steede. Mr Miller-Campbell
said he had gone to the park with other defendants because he believed they were
going to buy drugs. He added: “I was shocked. I went there to get weed but
this happened.” Prosecutors have alleged Mr Steede, 17, was lured to the park
in the Nottingham suburb of Bulwell on February 13 by a 16-year-old girl, who is
jointly accused of the killing and who cannot be named for legal reasons. He was
attacked by a group of four men, chased and stabbed. Mr Steede died in hospital
five days later. Mr Miller-Campbell told the court last week that on the night
of the stabbing he was with three of his co-accused — Kasharn Campbell, 19,
Christian Jameson, 18, and a 17-year-old who also cannot be named for legal
reasons. He said the group caught a taxi to the Bulwell park to meet a drug
dealer. Mr Miller-Campbell added that he “saw running” after they arrived
and began to run himself because he did not want to be left alone in an area he
did not know. He said he saw a “black figure” next to a wall who he later
said was Mr Steede, and the figure had blood on his face. He said the group then
fled. Mr Miller-Campbell said they went to a nearby house, where Mr Campbell and
Mr Jameson got into an argument and pushed each other. He told the court:
“Christian was saying ‘why did you do that?’ Kasharn pushed him away. “I
asked Kasharn what happened again. He said ‘yeah, I stabbed him.’” Mr
Miller-Campbell said he saw Mr Campbell take a “Rambo-style” knife from his
waistband, and noticed that he had blood on his clothes. He said Mr Campbell
remained at the home after he and the other two teenagers left. Mr
Miller-Campbell, Mr Campbell, Mr Jameson, the 17-year-old boy and the
16-year-old girl have all denied charges of murder. The trial continues.
An
American teenage rugby player found dead at the bottom of a steep drop was in a
bad mood because of problems with his girlfriend, a coroner’s inquest heard
yesterday. Jack Heffernan, a team-mate and friend of Mark Dombroski, told
investigators in a taped interview after his friend’s body was found, that Mr
Dombroski had admitted he and his girlfriend had quarreled. Mr Heffernan said:
“I think he cheated on her and then told her about it.” The audio testimony
came during the first day of a three-day inquest into the death of the
19-year-old Philadelphia university student. Mr Heffernan said that Mr Dombroski
had been drinking at Warwick Camp, where the team was staying during the
competition. But he said: “He was not drinking as much as everybody else.”
Mr Heffernan said he and Mr Dombroski had stopped at Front Street bar Docksider
before meeting team-mates at the nearby Dog House bar. He said that Mr Dombroski
had consumed “no more than two drinks” at Docksider. Mr Heffernan, who
admitted he had had a “fair amount” to drink, said that he remembered
speaking to Mr Dombroski at the Dog House but did not remember details of the
conversation. He added that Mr Dombroski had not seemed too upset. Mr
Dombroski’s body was found in the dry moat at Fort Prospect, near the Bermuda
Police headquarters, on March 19. He went missing a day-and-a-half earlier after
he left alone after a night out with friends in Hamilton. Mr Dombroski was in
Bermuda with a team from St Joseph’s University to play in the Ariel Re
Bermuda International Sevens tournament. His family were at the inquest. Brendan
Mulqueen, another team-mate, told investigators that Mr Dombroski at first
seemed to be having a good time at the Dog House. But he said that Mr Dombroski
later waved him away when he tried to talk to him. Mr Mulqueen added that he did
not notice Mr Dombroski become upset with anyone. He said that he had called Mr
Dombroski’s phone at around 2.30am after he got back at Warwick Camp but did
not get an answer. Mr Mulqueen said that the next day people had talked about Mr
Dombroski being in a bad mood due to problems with his girlfriend. Andrew
Sullivan, another team-mate, added that Mr Dombroski was “happy” and
“excited” when he saw him at the Dog House. But he said Mr Dombroski’s
mood changed over the course of the night. Mr Sullivan told investigators:
“You were able to notice a difference. He seemed like he didn’t want any
part of the team.” He said that Mr Dombroski punched a pillar outside the bar,
which he left just before 1am. Mr Sullivan said that he sent Mr Dombroski a text
message at about 1.20am after he had arrived back at Warwick Camp because he was
worried about him. He added that he and other people had searched the barracks
to check if Mr Dombroski had returned. CCTV footage played at the inquest showed
Mr Dombrowski’s movements from the time he arrived at the Dog House. Footage
from inside the club showed Mr Dombroski on the dance floor jumping around and
pumping an arm in the air. Detective Constable Christopher Sabean said the
footage showed Mr Dombroski consume a drink he had picked up from the stage in
one gulp. Mr Dombroski later appeared to have a beer in his right hand. He was
later captured on several CCTV cameras as he walked along Front Street in the
direction of East Broadway. In a number of the video clips his hand was raised
to his head as if he was speaking on a phone. Mr Sabean said that in all the
videos “there is no one behind him”. Mr Dombroski was last captured on a
motion-activated camera on Alexandra Road in Devonshire at about 1.30am.
Christopher Milroy, a Canadian forensic pathologist, said in March that a
post-mortem examination he carried out had found no evidence of foul play in Mr
Dombroski’s death. Dr Milroy added that his exam concluded that Mr Dombroski
died from a fall from a height. He said at the time that a toxicology exam would
also be performed. The inquest continues.
Edmund
Kirkland “Kirk” Cooper, a champion sailor and three-times Olympian, has
died, aged 86. Mr Cooper founded the accounting firm Cooper and Lines in
1959 with his friend and business partner, David Lines. The company later became
a member firm of Coopers & Lybrand, now PwC Bermuda. Mr Cooper, an auditor
and financial adviser, retired as a managing partner of PwC. Mr Cooper served on
a variety of boards and was awarded the Order of the British Empire in 1986 for
his service to the island. As well as sitting on the Civil Aviation Board and
Airport Licensing Board in the 1960s and 1970s, Mr Cooper was chairman at the
Department of Tourism from 1983 to 1993. He served on the Bermuda Economic
Council from 1984 to 1990 and the Bermuda International Business Association,
where he was president from 1974 to 1975. Mr Cooper was a founding member as
well as president of the Bermuda Yachting Association, and served as commodore
of the Royal Bermuda Yacht Club in 1972. He was also chairman on the board of
department store AS Cooper & Sons. His widow, Helen, said Mr Cooper was “a
great guy who loved Bermuda — he was a man of endless energy”. Ms Cooper
added: “There were a lot of young people that Kirk helped along the way and
his many international clients also became good friends. His personality was
just tireless and he was very competitive.” Mr Cooper was a champion
backstroke swimmer at school but his wife said he was drawn more to team sports.
His father, Edmund Cooper, had been among six athletes on Bermuda’s swimming
team for the 1936 Olympics, and encouraged his son’s efforts in the pool. Ms
Cooper said: “Kirk preferred to be with crews and his crews all loved him.
Kirk also liked sailing because it was technical.” His sailing career included
three trips to the Olympic Games — Tokyo 1964, where he came close to a bronze
medal, Mexico City 1968 and Munich 1972, where Mr Cooper was the flag bearer for
Bermuda at the opening ceremony. Mr Cooper was also a regular participant in the
Newport to Bermuda race. Mr Cooper said after the 1994 race: “Each time we go
out it’s a different challenge. You never stop learning. It must be like
chess.” Sir John Swan, a former premier, said Mr Cooper was “a very dear
friend of mine ever since the time I returned to Bermuda and found myself trying
to learn more about the island and its establishments”. Sir John added: “He
was a fantastic sailor. He was an achiever, always trying to figure out how to
make things happen. He certainly helped me.” Sir John said Mr Cooper helped
him secure a bank loan to build the John Swan Building on Victoria Street in
Hamilton and aided him as he entered the world of politics. He added: “I has
very fortunate to have him in my life. He was a man of great integrity.” Sir
John added that Mr Cooper was always friendly and a family man. He said: “He
was always happiest with his wife and his family.” One of Mr Cooper’s
proudest moments was his selection as the first Bermudian juror for the
America’s Cup in 1983 — when the challenger Australia II won the
trophy. Mr Cooper was inducted into the Bermuda Sports Hall of Fame for his
contributions to sailing in 2005. His son, Philip, said: “He was always
encouraging and a positive voice, interacting in whatever we were doing growing
up — including sports and educational pursuits and career choices.” Alexa,
his eldest child, said her father had “touched many with his kindness and
generous spirit”. Mr Cooper is also survived by two other daughters, Dana and
Helen, and nine grandchildren. His family said last night that his life would be
celebrated with a private family service at Hamilton’s Anglican Cathedral.
The
draft Bermuda Plan 2018 has been unveiled for public consultation the Minister
of Home Affairs announced today. Walter Roban said the document included
ideas for neighborhood improvement — which “may include new recreational
areas and community facilities”. He added the plan also called for improved
sidewalks along routes to schools and “more farmers’ markets that we hope
will sell more healthy food”. The plan, which is open for public consultation
until March 15 next year, also included strategies to protect agricultural
areas, sensitive habitats and for the designation of new areas of conservation.
Mr Roban said another branch of the plan will cover “Bermuda’s unique
cultural heritage”, as well as “issues of climate change, and the need to
incorporate sustainable design principles”. All planning application from
today will fall under the scope of the plan, which can be found at the planning
department website here.
Loan
sharks have worsened the problems of people in financial difficulty, the House
of Assembly heard. Wayne Furbert, the junior finance minister, said he knew
of cases where $10,000 loans become $66,000 debts in just a year, and that
action was needed. He added: “This has been going on from year to year to
year. Our people have been ripped off.” Mr Furbert said: “Sometimes you just
happen to run into problems. Lose your job and cannot pay. You are struggling.
What can you do? We are in an unforgiving society in many aspects and it’s
time to recognize that if it wasn’t for the grace of God, some of us would
still be in that same position.” He was speaking on Friday as the House
debated and passed the Debt Collection Act 2018, designed to create a framework
to regulate debt collection. Walter Roban, the Minister of Home Affairs, said
the new law would help protect consumers from predatory debt collection
practices. He said: “This bill seeks to introduce fair business practices that
will provide a level playing field for creditors and debtors.” Mr Roban
explained the bill was made up of five components. The bill would create a
licensing authority for debt collector agencies and establish regulations to
prohibit unfair practices. The legislation was drawn up to also promote
financial transparency, establish complaint procedures and create both offences
and a right of appeal to a debt collection tribunal. Mr Roban added:
“Government oversight will be accomplished by a comprehensive licensing
regulation framework for those entities engaging in debt collection under the
newly created debt collection authority. The authority will consist of officers
within Consumer Affairs. The regulatory functions include, but are not limited
to, oversight, licensing, education, investigation and enforcement.” The
legislation also caps a creditor’s commission to a one-time payment no higher
than 20 per cent of the original debt amount and includes rules for a maximum
two per cent monthly administration fee on the outstanding balance, which would
only be payable if costs are incurred by required communication with the debtor
in that period. Mr Roban said the bill was appropriate because it came at a time
of year when many people spend more than they should. He added: “We must
ensure that we are not spending to the point where we are broke and worrying how
to pay our bills in the new year. Oftentimes we are our own worst enemy,
amassing debt that we cannot pay. Sometimes, however, we incur debt that is of
no fault of our own.” Leah Scott, the Shadow Minister of Tourism and
Transport, backed the legislation and added that education needed to be a key
part of helping people avoid getting into too much debt. She said: “The
reality is times are still rough for people. There are people that don’t have
jobs and we have to do things that assist people as much as we can.” Jeanne
Atherden, a One Bermuda Alliance backbencher, said that a balance needed to be
struck to ensure that people are protected, but individuals and businesses are
not harmed by “highflying” debtors who choose not to pay. And she questioned
why a separate licensing authority needed to be created instead of giving
responsibility to the Consumer Affairs Board.
Today’s
broken world needs more leaders with the personal touch of George H.W. Bush, his
close ally Sir John Swan said yesterday. Former American president and
“friend of Bermuda” Mr Bush, who died at his Texas home on Friday aged 94,
was remembered by Sir John for his integrity, loyalty and willingness to build
human relationships. Sir John, the Premier of Bermuda from 1982 to 1995, also
recalled how the President’s friendship with the island helped stand it in
good stead on the international scale. He told The Royal Gazette: “I
was very fortunate to be around at a time when a president was for all people.
Integrity was his greatest asset. We knew where we stood at all times. It’s
what you want in a leader, particularly in a time like this, when the world is a
bit fallen apart and needs to stitch itself back together. Our leaders have got
to build relationships with all people. If not, we will end up with a bunch of
individuals with his own agenda. We should be our brother’s keeper. I learnt a
lot from him.” Mr Bush, who served as the 41st President of the United States
between 1989 and 1993, visited Bermuda for the Good Friday Summit in 1990, along
with British Prime Minister Margaret Thatcher, to discuss the collapse of the
Soviet Union. It was part of a continuing series of talks between Western Allies
who were attempting to keep abreast of the radical developments in Eastern
Europe and the Soviet Union. He was in Bermuda again in 1991 for a meeting with
British Prime Minister John Major, after the allied defeat of Saddam Hussein in
the first Gulf war. Sir John had been friends with Mr Bush since his days as
Vice-President in the 1980s. The pair had established a rapport when Sir John
was rallying US President Ronald Reagan to support negotiations, which led to
the 1988 US Bermuda Tax Treaty. Sir John said: “He was a very special person.
He was the most loyal person I have ever known sit in the high office if he was
your friend, which he was mine. He included me in everything he did, not only
physically but also his thoughts. I had the great privilege of doing many, many
things with him. We both had a lot of laughs together and a lot of meals
together. I was very fortunate to know a man who helped mould my thinking on an
international scale and also a human scale. He could make you laugh but at the
same time when he was serious, he could get very focused.” Sir John said Mr
Bush was 100 per cent behind the US Bermuda Tax Treaty. He said: “He was very
much a friend of Bermuda. He liked Bermuda. He liked the people and liked what
he saw here. He liked what we did to steer our country with fiscal
responsibility but also with a social conscience. It’s important that in
Bermuda we build very strong international relationships on a personal basis, so
that when we need support that we have someone to turn to.” Mr Bush’s 1990
visit included a lighter note, in which he and Mrs Thatcher took part in
traditional kite flying on Government House grounds. The media reported how Mr
Bush joked that he was one of the better kite flyers in Washington. He told
reporters: “I’m often told to go fly my kite. And I have a bunch of them.”
Mr Bush also declared he would make the most of his trip to the island paradise
by playing golf, even if the forecast of rainstorms proved correct. He said:
“If it rains, I’m going to play. I’m going to play golf.” During that
visit, Sir John and Lady Swan hosted a gala dinner for Mr Bush and Mrs Thatcher
at Camden, the Premier’s official residence. It was one of many occasions Sir
John got to know the President’s true personality. Sir John said: “The most
important thing about him was that he was the most loyal soul you could ever
meet. He was the most humanitarian individual you ever come across. If you
really got to know him, you found he had a wonderful humanitarian streak. He
loved his wife to death. Those two just really enjoyed each other’s company.
His passing is sad, but I would rather him go in peace as he brought so much
peace to the world. I send my sincere condolences to his family. I know them
well. I know this is a sad time, but we all must pass. He chose to say goodbye
when he could say goodbye. This is one of the greats passing on.” Walter
Roban, the Acting Premier, extended condolences to the US on behalf of Bermuda.
Mr Roban wrote in a letter of condolence to US Consul General Constance Dierman:
“Over the next several days, President George H.W. Bush’s legacy will be
remembered for many things. And among them we will remember his passionate
belief of collaborating with domestic and global allies to address the
challenges facing our world. Bermuda’s thoughts are with the Bush family at
this sad time. ”Ms Dierman said: “President Bush embodied the virtues of
public service, selfless dedication, and humility. He was a patriot, and
everything he did in life was directed to helping the American people and to
building and growing relationships around the world, especially here in
Bermuda.” A condolence book is open to the public today, tomorrow and
Thursday, from 1pm to 4pm, at the Consulate General, Middle Road, Devonshire.
The Consulate will be closed for a day of mourning on Wednesday. All
appointments will be rescheduled. For emergencies, call 335-3828.
The
2018 hurricane season has come to an end, with Bermuda escaping any direct
impacts for the second consecutive year. James Dodgson, the director of the
Bermuda Weather Service, said the area around the island has been
“relatively” quiet this year, with no sustained tropical storm force winds
reported. However, Bermuda’s shoreline did feel some of the effects from
passing storms. Mr Dodgson said: “Distant tropical cyclones did generate some
locally significant ocean swells, as well as elevated surf and rip currents,
especially along our South Shore beaches. In fact, if you were down at Elbow
Beach after the relatively recent passage of Hurricane Oscar, you would have
noticed some very significant beach erosion, especially towards the eastern end
of the public beach. Several feet of sand were eroded away, leaving underlying
rock exposed.” The 2018 hurricane season ended on Saturday. There were 15
named storms over the course of the season, with eight reaching hurricane
strength and two becoming “major” hurricanes. Hurricanes Florence and
Michael caused significant damage in the southeastern US but Mr Dodgson said
that, unlike 2017, the Caribbean avoided any major impacts. He said: “This was
due to plenty of wind shear in that area, which can at least partially be
attributed to a developing El Niño — as highlighted in some of the long-range
seasonal forecasts. The fact that Bermuda did not have any direct impacts this
season is largely down to natural climate variability. This season, we were
mostly protected by the Bermuda side of the Bermuda-Azores ridge of high
pressure, and even that only kept some significant hurricanes around 400 miles
away from us.” Mr Dodgson added: “Tropical cyclones can affect our area
outside of hurricane season, but if we do get any tropical impacts outside of
the season, the systems are more typically subtropical in nature.” He said
residents should remember to be cautious as even a slow hurricane season can
have devastating consequences. “Whatever the long-range forecasts might be, it
is always imperative to be prepared.”
The
Ministry of Public Works is advising that during the week of 10 December, 2018,
it will conduct its Biannual Septage Disposal Operations. These operations
may result in unpleasant odors being experienced in the residential areas
surrounding the Marsh Folly Composting Facility. Despite the unpleasant odor,
the Ministry assures there are no environmental risks to area residents. For the
public’s reference, the operations process is as follows:
The Ministry would like to thank the public for their patience, co-operation and understanding while these necessary works are conducted.
A
former senior magistrate and Supreme Court puisne judge will join a well-known
law firm after he retired from the bench. Archibald Warner is to start his
role as a consultant senior counsel at Chancery Legal in the coming weeks. The
“boutique” Bermuda company is headed by Mark Pettingill, a high-profile
litigator and former attorney-general. Mr Warner served as senior magistrate for
14 years before he stepped down in 2014. His career has also included work as a
police officer, prosecutor, defence lawyer and puisne judge in the Supreme
Court. Mr Warner said he would continue to take the bench as a magistrate for
another two years after retirement from the senior post, but he was still
presiding over cases until just a few months ago. He and Mr Pettingill first
worked together for a short spell in the Attorney-General’s Chambers and they
continued to cross paths in the years that followed as both pursued defence
lawyer careers in the private sector. Mr Pettingill recalled: “Archie was
doing a lot of interesting work and doing so many jury trials and just winning
them continuously.” Mr Warner later moved to the bench and many consider he
played a key role in helping shape Bermuda’s judiciary. Mr Pettingill told The
Royal Gazette: “For me, Archie was one of those magistrates and judges
that made you bring your ‘A’ game, which is always good. Just firm but fair,
but you had to bring your ‘A’ game or you were going to get short shrift.
That was certainly helpful to me as a lawyer. Any judge or prosecutor that gets
you to do that is significant to your own development. I think a lot of junior
lawyers probably got a lot out of the fact they had to go in and be top drawer.
He still clearly has the passion and the drive — I’m more concerned about
keeping him in check, that he doesn’t try to do too much. I think with that
depth and wealth of knowledge that he has, not just in the criminal aspect but
on administrative and constitutional matters, he has an in-depth knowledge of
that area of law and a great love for it so that is significant to bring to a
practice like ours.” Mr Pettingill’s recent work has included representing
Roderick Ferguson in the landmark ruling by the Court of Appeal that made
same-sex marriage legal again, upholding an earlier decision by former Chief
Justice Ian Kawaley, who struck down parts of the Domestic Partnership Act. He
described co-workers Mathew Kelly and Katie Richards as among the island’s top
real estate, conveyancing and matrimonial lawyers respectively. Mr Warner was honored
by his court colleagues when he stood down from his senior role in October 2014.
His successor, Juan Wolffe, said at the time that the esteemed magistrate had
“presided over the vast majority of the most serious, complex and complicated
legal matters that have come before any of the courts since his appointment”
and also helped shepherd the courts through legal reform. Mr Warner said last
week: “Having now retired from the ‘bench’, it is my intention to continue
to contribute to the legal profession in Bermuda. Law is my passion, and working
with Mark Pettingill at Chancery Legal, a progressive law chambers, would be
like the old days when we practiced together at the criminal bar.”
Health
minister Kim Wilson called on Bermuda to strive towards inclusion for all as she
promoted International Day of Persons with Disabilities. A press release
from the ministry follows: "Earlier today, Ageing and Disability Services
of the Ministry of Health had a meet and greet in Front of the National Library
in Hamilton to commemorate the International Day of Persons with Disabilities.
Since 1992, the United Nations International Day of Persons with Disabilities
(IDPD) has been annually observed on 3 December around the world. This important
observance aims to increase awareness and promote the rights of persons with
disabilities. The theme for this year’s IDPD is “Empowering persons with
disabilities and ensuring inclusiveness and equality”. This theme focuses on
the empowering persons with disabilities for the inclusive, equitable and
sustainable development envisaged in the 2030 Agenda for Sustainable
Development. Minister Wilson said, “The right to work is a fundamental human
right. However, persons with disabilities are often not considered for
employment due to negative perceptions regarding their ability to contribute or
the high cost of accommodating their disability or inaccessible workplaces.
Through the use of adaptive and assistive technologies, and other reasonable
accommodation measures, persons with disabilities make a valuable contribution
in the workplace. And, with the use of the right technologies, persons with
disabilities are able to perform well in their jobs. The international Day of
Persons with Disabilities is drawing attention to the available technologies and
measures that can be adopted to create work environments that are open,
inclusive and accessible to allow persons with disabilities to fully participate
and contribute to the workforce. “This year’s theme, “Empowering persons
with disabilities and ensuring inclusiveness and equality”, focuses on
empowering persons with disabilities for an inclusive and equitable
participation as part of the 2030 Agenda for Sustainable Development. The 2030
Agenda pledges to “leave no one behind”. Persons with disabilities, as both
beneficiaries and agents of change, can fast track the process towards inclusive
and sustainable development and promote a resilient society for all, including
in the context of disaster risk reduction, humanitarian action, and urban
development. This important observance aims to increase awareness and promote
the rights of persons with disabilities. These issues are as meaningful in
Bermuda as in larger jurisdictions, as the well-being of affected individuals
and their families is impacted in all spheres of society. We must continue to
focus our attention on ability, rather than disability. Given Bermuda’s scarce
resources – especially human resources – it is essential that we ensure that
everyone can make a contribution to society. We must not limit ourselves by
putting barriers and restrictions in front of people. What we must do is to
strive towards inclusion for all. It is important to continue to advance the
situation of persons with disabilities in every aspect of life.”
The
Regulatory Authority of Bermuda got about 800 responses from a public
consultation on Bermuda’s blueprint for power generation in the future. The
six-month consultation period on the Integrated Resource Plan ended on November
30. A spokeswoman for the authority said tonight that the majority of
submissions were “copies of a template response provided to the public by one
of the eight commercial entities that submitted a proposal for alternative
generation technologies, BE Solar”. The energy industry watchdog has posted
many of the responses on its website here,
including drawings submitted by children. The rest will be added this week. The
spokeswoman said the RA has started to analyse all the proposals and the public
on their technical, economic, environmental and social merits.
Stevedoring
Services Ltd, operator of Hamilton docks, is changing rules for vehicle
importers, to the effect that they will no longer be able to bring mechanics
onto the dock to service an imported vehicle. Effective immediately,
importers of self-propelled vehicles will be required to utilize SSL staff for
services to vehicles as needed prior to collection from the Hamilton Docks.
Vehicle importers were alerted to the new policy in October. Warren Jones, chief
executive officer of Polaris, parent company of SSL, said: “It will no longer
be permissible to bring a mechanic on the dock or carry out any service to a
vehicle prior to it leaving the dock. These represent billable services which
will be carried out by SSL staff going forward. It will be permissible to tow a
vehicle off the dock without incurring a charge, if an SSL mechanic is not
involved.” The charge for a mechanic in straight time is $47.41 per hour or
part thereof and fuel will be charged at the tariff rate of $8.61 per gallon.
SSL also released 2019 tariff rates.
Bermuda-based
insurers and reinsurers have strengthened their resilience to potential
catastrophe events by marginally decreasing their net exposure to such events,
while also increasing the amount of capital and surplus they hold. That is
one of the takeaways from the Bermuda Monetary Authority’s third annual
“Catastrophe Risk in Bermuda” report. Craig Swan, managing director,
supervision (Insurance) said: “Bermuda is predominantly a wholesale
reinsurance market offering a variety of risk transfer solutions, covering life
and annuity, speciality and catastrophe risks. Evidencing the magnitude of the
catastrophe capacity that Bermuda (re)insurers supply, it is noted that the
industry paid $30 billion in claims to mainland US and Puerto Rico alone for
Hurricanes Harvey, Irma and Maria in 2017. With such a relatively high
concentration of catastrophe risk in Bermuda’s market, a broad understanding
of the potential adverse impacts, including identification of any concentration
risks and catastrophe modelling practices in Bermuda, is central to the BMA’s
supervisory framework. This information is also important to Bermuda
(re)insurers and other stakeholders and markets around the globe.” Giving a
high level overview of the report, Mr Swan said the (re)insurers’ 2017 filings
to the BMA indicated their continued resilience to major, but improbable,
catastrophe events and the sophistication and advancement of catastrophe
modelling practices in Bermuda. “This underscored the reputation of Bermuda
(re)insurers as being generally well capitalized and technically proficient,”
Mr Swan said. “Compared to 2016, this year’s net catastrophe exposure
slightly decreased by about 2 per cent, while the (re)insurers have increased
their statutory capital and surplus by 12 per cent. Consequently, the overall
industry’s resilience to potential catastrophe events has further strengthened
compared to last year. In addition, the global share of gross estimated
potential loss assumed by Bermuda (re)insurers on major catastrophe perils
(combined) increased by about 2 per cent,” he said. "The increase in the
statutory capital and surplus and global share are largely attributed to the
inclusion of more (re)insurance entities in the survey.” The report also
reviewed cyber-risk stress testing and the analysis shows that the
(re)insurers’ own defined worst impacts from cyber-risk would have a minimal
effect on their statutory capital.
One
of the biggest opportunities for Bermuda reinsurers will be to take more risk
off the shoulders of taxpayers around the world, delegates at a conference in
Hamilton heard. John Huff, chief executive officer of the Association of
Bermuda Insurers and Reinsurers, said even a slight closing of the protection
gap, illustrated by the difference between insured and economic losses from
disasters, would make a huge difference. “A change by just 1 per cent in the
insurance penetration rate could reduce the natural catastrophe costs to
taxpayers by 22 per cent,” Mr Huff said, speaking at the EY Global
(Re)Insurance Outlook event last week. Several US public-sector organisations
have already taken advantage of some private reinsurance. For example, the
Florida Hurricane Catastrophe Fund, which has bought $1 billion worth or private
reinsurance for the past four years in succession. The National Flood Insurance
Programme benefited from a $1.46 billion traditional reinsurance programme, as
well as a $500 million catastrophe bond, this year. And the California
Earthquake Authority’s private reinsurance programme passed $8 billion for the
first time this year. Mr Huff sees the potential for much more. “I’m bullish
on Bermuda with a theme of de-risking government around the world,” he said.
“With the abundant capital that’s in our space, can we de-risk the
taxpayers?" He cited the examples of flood, earthquake, terrorism, crop and
mortgage risk. “Who’s holding this risk today?” Mr Huff said. “Most of
the time it’s taxpayers and the private sector’s ready to take some of
it.” Fellow panellist Ryan Mather, Argo Group’s head of global reinsurance,
saw further growth opportunities in finding solutions for covering the
intangibles that make up the bulk of the value of modern corporations. “Back
in 1975, 87 per cent of the value of the S&P 500 was tangible assets —
property and inventory,” Mr Mather said. “Now about 10 per cent of the
S&P 500’s value consists of tangible assets. The rest is intangible and we
need to find a way of reinsuring that.” Mr Mather added that anticipated an
increase in rates in 2019, given some rattling of market confidence this year.
Rates had not risen significantly this year, despite the massive losses from
hurricanes Harvey, Irma and Marie in 2017, he said, as even more capital flooded
into the market than that lost to catastrophes. Hence rates did not rise as
anticipated. With more losses this year from typhoons in Japan, Hurricane
Michael in Florida and yet more California wildfires, the confidence of some
industry investors was flagging. “This might be the reverse tipping point,”
Mr Mather said. “This might be when some of the capital that shouldn’t be in
the industry might go and try other things. The narrative is changing: so I’m
hearing ‘two bad years in a row’, ‘interest rates are going up, making the
risk-return hurdle higher’, and ‘are reinsurance rates ever going to go up
again?’” In addition, he said, the effectiveness of models had come into
question from the successive “once-in-a-century” wildfire years and the
losses from 2017’s Irma proving to be much worse than expected, the latter
involving what was thought to be the best-understood catastrophe risk, Florida
hurricane. “For that reason, I think we’re going to see rate increases next
year,” Mr Mather said. Fiona Luck, a non-executive director of the Lloyd’s
of London Franchise Board and a former C-suite executive with XL Group, said
conversations between underwriters and brokers or clients would determine
whether rates would rise. “I think we can’t get ahead of ourselves,” Ms
Luck said. “These are increases over a very, very low level and the old model
of having significant, fabulous increases that work for us over a long period of
time are probably at an end. Capital is efficient in this market — it comes in
when there’s a need.” Patrick Tannock, CEO Bermuda, Axa XL, said: “I think
the traditional cycle has been dead for a long time and I think the inflection
point was probably the Japanese tsunami. In 2011, we had losses of over $100
billion and nothing happened. It used to be that you could set your clock to
that and automatically have a hard market. We’ve had this predicament for some
time in that we haven’t had that balance with respect to exposure and the
rates that are available. I don’t think anyone is afraid of volatility, we
just want to make sure we get paid for it.” Progress on realizing the
oft-stated need for more diversity among the industry’s ranks is still proving
to be slow, the panellists agreed. Ms Luck believed the island could play a
significant role. “There has been pressure from shareholders for more
diversity but the fact is we’re not doing well enough,” Ms Luck said. “My
challenge to Abir is, we in Bermuda are a leading jurisdiction — let’s make
this part of our leadership and let’s really make it a priority.” She said
there had been big efforts to promote the industry in schools and to urge young
people to get educated to take career opportunities. Even those who did shine
academically were finding it difficult to land jobs, she added, citing two of
her mentees who had passed two actuarial exams and had still struggled to find
work. “We have to find a better way, once they have got an education, of
knowing where they are,” Ms Luck said. “Many of them go overseas to look for
opportunities. I sit on the board of Knowledge Quest [the Bermudian charity]. We
have put 180 young people through university over 18 years. These are people
whose families have never been to university and who’s mum or dad works three
jobs, just to get through the process. I think there’s a trick we’re missing
and that’s capturing data more thoroughly to help us get there. Having said
all this about promoting Bermudian talent, we’ve also got to be open to
immigration, to bring in that talent. That’s what built this industry and we
still have to be open to that.” Mr Tannock said scholarships were helpful in
getting young people in the door, but once there they needed a higher level of
support. “Bermuda was built on having an enabling environment for the free
flow of high-quality intellectual capital,” Mr Tannock said. “But you’ve
got to balance that by developing Bermudians as well. It’s a fool’s errand
to perpetuate this situation where a certain demographic does not believe they
have a chance to participate in the economic engine of the country. That’s
just going to result in tears. Diversity measurably improved problem-solving,
decision-making and cultural awareness in companies, he said. “Here’s a news
flash. The world is becoming a lot browner, so people need to get on the bus.
We’re making progress but there’s a lot of work to be done.”
A
new education campaign designed to boost knowledge about asthma was sparked by
the tragic death of a young boy in Britain. Open Airways, an island asthma
charity, is offering the Support Children’s Health-Asthma online course. The
George Coller Memorial Fund and Education for Health UK created the programme.
It was launched by Kim Douglas in 2000 after the death of her son, George
Coller, who was 3 and died in his sleep from asthma in 1996. A spokeswoman for
Open Airways said that 20 per cent of children and 10 per cent of adults in
Bermuda had asthma. She added: “Many of these children and adults have
uncontrolled asthma, which results in asthma attacks and potentially asthma
deaths.” The spokeswoman said it was estimated that more than 1,000 people
died globally from asthma each day. She added: “The majority of these are
children of young adults and, tragically, most of these deaths were
preventable.” The online module covers areas such as how to recognize an
asthma attack and what to do if an attack strikes. The free course, aimed at
people who work with or have children with asthma, takes about an hour to
complete. A certificate can be printed after the course work is completed. The
course is offered in a link-up with insurance firms Argus Group and BF&M.
For more information, visit openairways.com.
St
George’s Harbour was lit up this weekend as the East End hosted its first
Christmas Boat Parade. Hundreds of people gathered in St George to take in
the festive atmosphere. Quinell Francis, the Mayor of St George, said: “The
town enjoyed their first boat parade and it was quite a successful event. The
town is decorated for the season, which sets the environment for all the festive
activities, and the boats in the parade were absolutely lovely.” Ms Francis
added: “The positive comments received are great. I would like to thank the
organisers for having the vision and the patience to ensure it became a reality.
They were determined to have the boat parade this year after discussing it for
quite some time, and it is great to see what vision and determination looks
like. The Corporation of St George supported the event and also incorporated
Santa coming to town, so all the children were able to get a bag of goodies.”
The
Hamilton Princess & Beach Club’s pastry team have unveiled their Candy
Gingerbread House in the hotel’s lobby to celebrate the holidays. At 7ft
tall, 5ft wide and long, this year’s creation is large enough for several
children to enter at once and is the biggest Gingerbread House to date at the
hotel. The baking and construction of the piece, led by Pastry Chef Fhonthip
Jones, involved twelve members of the pastry and engineering teams at the hotel
and took two weeks to complete. The Candy Gingerbread House is made from 550
tiles of gingerbread and weighs approximately 360lb — about the weight of a
reindeer! The tiles of gingerbread are made from a special recipe including
icing sugar, flour, eggs, shortening, molasses and a secret blend of spices
which combine to create a sturdy and intensely scented structure. The outside of
the Candy Gingerbread House is decorated with a wide varieties of
confectioneries and cookies, sure to give anyone who sees it sweet-tooth, and
features a traditional Bermuda chimney. Ricardo Cera, Executive Chef at Hamilton
Princess & Beach Club, said: “We’re thrilled with the way that this
year’s Gingerbread House has turned out, bigger and better than ever. It is
one of the first things that guests will see when they come into the hotel and
it smells incredible. We invite the public to come and check it out and get some
seasonal snaps and create some great holiday memories.”
The
cost of a top London barrister for the Government’s battle against same-sex
marriage was “greatly exaggerated”, the home affairs minister said
yesterday. Walter Roban said that the estimated fee for James Guthrie
QC was $61,188 — not the $200,000 to $400,000 suggested by sources. Mr Guthrie
appeared for the Government in a Court of Appeal case, which also involved Rod
Ferguson and others, who sought to restore marriage equality in Bermuda after it
was removed by a law designed to replace marriage for gay people with a civil
partnership arrangement. The appeals court ruled in favour of a restoration of
same-sex marriage, although the Government could still take the case to the
Privy Council in London, the island’s final court of appeal. The home affairs
ministry said: “On November 26, the Minister of Home Affairs committed to the
public that, once a final figure has been determined regarding the appeal, he
would provide that figure. Government is not yet aware of any costs filed by the
opposing counsels.” The ministry said the cost of Mr Guthrie’s legal
services was $53,339.80, with another $7,848.21 spent on travel and
accommodation.
Acting Premier Walter Roban
has extended condolences to the United States on behalf of Bermuda after the
death of former American president George H.W. Bush. Mr Bush, who served as
the 41st US president between 1989 and 1993, died at home in Houston, Texas, on
Friday night, aged 94. He visited Bermuda for the Good Friday Summit in 1990,
along with British prime minister Margaret Thatcher, to discuss the collapse of
the Soviet Union. Mr Roban noted the two leaders had taken part in traditional
kite flying on Government House grounds. The Acting Premier wrote in a letter of
condolence to US Consul General Constance Dierman: “On behalf of the
Government and people of Bermuda, I extend condolences on the passing of former
president, George H.W. Bush. As the 41st Commander in Chief, Bermuda
acknowledges president Bush’s service and contributions to the United States
and the global community. Many residents will recall when president Bush and
British prime minister Margaret Thatcher met in Bermuda for the Good Friday
Summit in 1990, to discuss events associated with the collapse of the Soviet
Union. Residents will also fondly remember during that time, that the two
leaders engaged in our quintessential Bermudian tradition of kite flying on the
Government House grounds. Bermuda was pleased to host this historical occasion.
Over the next several days, president George H.W. Bush’s legacy will be
remembered for many things. And among them we will remember his passionate
belief of collaborating with domestic and global allies to address the
challenges facing our world. Bermuda’s thoughts are with the Bush family at
this sad time.”
Mobility
aids for seniors’ homes and rest homes will get a pass on customs duty under
legislation approved yesterday in the House of Assembly. Curtis Dickinson,
the Minister of Finance, will also get ministerial discretion over a separate
tax break to allow a 5 per cent duty rate on goods for local commercial
manufacturing. But Rolfe Commissiong, the Progressive Labour Party backbencher,
sounded a warning over the island’s ageing population. Mr Commissiong said the
Customs Tariff Amendment (No 3) Bill 2018 was “welcome”. But he added:
“Let’s not delude ourselves — this is not enough. We have, facing us, a
demographic tsunami that is going to overwhelm Bermuda unless we step up the
pace.” MPs heard that the tax break on appliances and fittings for seniors,
which would extend to rest homes, was a promise from a speech delivered by David
Burt, the Premier, in July. Mr Dickinson made an amendment from the floor of the
House to extend the duty relief to the disabled as well, which was backed by MPs
from both sides. He said the Department of Ageing and Disability Services would
oversee the certification of goods qualifying for duty relief. The concessions
will apply to new and existing rest homes as well as private homes. Kim Wilson,
the Minister of Health, said the cost of living in a care facility was
“crippling” and averaged $5,000 to $11,000 a month. She added discounts to
materials for ramps and aids such as stair lifts, standing tubs and grab bars
for seniors would help the elderly remain at home. Derrick Burgess, the Deputy
Speaker, told the House that the Government had fielded a request earlier this
year from a rest home bringing in appliances and requesting a tax exemption. Mr
Burgess added: “At the time, it could not be done — but the Premier promised
me he would fix it.” Mr Dickinson was questioned by Opposition MPs about the
minister’s power to approve discounts on imports for local manufacturing. He
told the House: “Existing legislation allows for any and all goods — the
proposed amendment closes that loophole.”
A
top lawyer said yesterday the Attorney-General was wrong to accuse The Royal
Gazette of publishing a “misleading” article about changes to a law
designed to protect vulnerable youngsters in court. Kathy Lynn Simmons, also
the legal affairs minister, insisted that the rights of children were not being
eroded by changes to the 1998 Children Act on the appointment of litigation
guardians to protect young people. Ms Simmons added that “contrary to the
statement from the Human Rights Commission, the rights of the child are not
being eroded as the current section 35(1) of the Children Act 1998 does not make
it mandatory for the court to appoint a litigation guardian”. But the legal
change — where a court “may” consider the appointment of a litigation
guardian rather than “shall” consider under the present Act — was
challenged by Mark Diel, a lawyer with Marshall Diel & Myers. Mr Diel —
also quoted in The Royal Gazette article on the law change on Thursday
— said: “The point I was making — as accurately quoted in the article —
is that the effect of this section as it currently stands is that the court has
a duty to consider whether or not to appoint a litigation guardian in every
case. It may be that in some cases there may be no need to appoint a litigation
guardian, for example where the child has a lawyer retained for him or her by
the parents. But it’s pretty obvious that in most cases concerning vulnerable
or at-risk children that a litigation guardian should be appointed. So the
Attorney-General’s point about the existing section as it stands doesn’t
result in a mandatory appointment of a guardian is strictly speaking correct —
but that wasn’t the point to start with.” Mr Diel added: “With the current
wording the court has to consider this – there is no need for an application.
With the amended wording it says that the court ‘may determine as to whether a
litigation guardian should be appointed. It’s about the court considering
whether or not to appoint a guardian and, frankly, in most cases one should
be.” Mr Diel also questioned why the wording of the Act was changed at all if
the intent was not to water down existing protection. He was speaking after the
Children Amendment Act was tabled in the House of Assembly yesterday. The
revised Act was tabled in the House by Kim Wilson, the health minister, as Ms
Simmons sits in the Senate. The Attorney-General said on Thursday: “The Bill
seeks to remove ambiguity concerning the appointment of litigation guardians and
strengthen the existing framework that assigns a litigation guardian to children
whose custody, care or control is before the courts. The new framework
establishes a licensing regime for litigation guardians. This regime will
require persons wishing to be appointed as litigation guardians to possess
relevant qualifications and submit applications to the existing statutory Child
Care Placement Board. The board, whose remit will be expanded, will review
applications and issue a licence. A person who is granted a licence will be
added to a register of licensed litigation guardians to be established and
maintained by the Minister of Legal Affairs. The court will appoint persons from
the register to represent the interests of children. Provision is also made for
remuneration of the litigation guardian. The amendments will also provide
structure with regard to the appointment and remuneration of counsel.” Mr Diel
said on Thursday that there was a Constitutional requirement to a fair hearing.
“Someone needs to explain why some children may not get the protection of a
litigation guardian application and others will.” Mr Diel also questioned
where the ambiguity was in the present version of the Act and asked if Ms
Simmons could explain how the amendment would fix it. He also queried who would
make a litigation guardian application if a child — who might not even be in
the courtroom —was not already represented. Mr Diel welcomed an amendment to
set fees for litigation guardians but asked if “less than a third of the
amount currently paid, for example, under legal aid provisions” was enough and
how the figure was arrived at. The fee was $90 in the draft Bill seen by The
Royal Gazette earlier this week but was listed as $75 in the Bill tabled in
the House of Assembly.
Head
teachers have demanded details of plans to axe the island’s middle schools.
Ed Ball, general secretary of the Bermuda Public Services Union, said yesterday
that school principals wanted more information about the Government’s proposal
to phase out middle schools in favour of “signature” specialist schools at
the senior level. Mr Ball said: “Specifically, principals want to be provided
access to the research that supports this proposal.” He added:
“Clarification is needed on whether there will be school closures and what
will be the impact on staffing levels.” He was speaking as it was confirmed
that work-to-rule industrial action started by head teachers last month would
continue. Mr Ball said that “principals will strictly adhere to the spirit of
their job duties and responsibilities as outlined in their job descriptions”.
He added that the prime mover behind the industrial action was “the increased
incidents of adverse student behaviors, which are compromising the safety of
students, teachers and principals, and must be addressed”. Mr Ball said head
teachers and school staff were dealing with behavior that should be referred to
internal specialists, including educational therapists and para-educators. He
said: “As there is an acute shortage of these services in many of the schools,
staff are not equipped, and do not have the resources or clear guidelines, to
address disruptive students. As a result of these behaviors, students, school
staff and principals are becoming traumatized. Unfortunately, some parents are
adding to the stress because they are unaware of the gravity of their child’s behavior
that is creating an unsafe environment. This is unacceptable.” Mr Ball said
that the special needs of some students made it impossible for them to be
enrolled in private schools. He added: “Principals recognize that the
Government is committed to assisting these special needs students, however, this
must be done with the appropriate resources.” Mr Ball said there had also been
an “increased usage of administrative leave” imposed on teachers and school
staff who attempted to “physically control an at-risk child”. He added:
“This punitive measure against the principals, teachers and support staff is
not sustainable.” Several other concerns were raised by the union, including
staff shortages, lack of resources and curriculum changes. Mr Ball said that the
profession’s concerns “must be addressed immediately”. He added: “The
principals have had enough.”
An
accountant jailed for swindling $1.8 million from the Bermuda Government has had
18 months added to his sentence for cheating his mother out of nearly $64,000.
Now, Jeffrey Bevan has had 18 months added to the seven years and four months he
was sentenced to in January for the Bermuda offences. Cardiff Crown Court heard
Bevan, 51, kept the cash after he told his mother Lavinia he would invest it for
her. The offence took place between 2013 and 2014 when Ms Bevan, who has since
died, was aged in her seventies. Bevan, 51, from Ty Canol, Cwmbran, Wales, was
found guilty of the offence by a jury. Judge Michael Fitton QC told Bevan:
“You deliberately targeted your elderly mother whose faculties were
diminishing. It was a cynical offence for your own benefit.” A victim impact
statement by Bevan’s brother Jason said: “If my mother were alive today, she
would have been appalled by Jeff’s actions.” Judge Fitton said: “The
victim personal statement shows this was a deeply distressing event for your
family. This was committed by someone who is intelligent and who was employed as
an accountant. This remains a deeply unattractive and selfish offence.” Bevan
pleaded guilty at the same court in January to three charges of the transfer of
criminal property and ten charges of converting criminal property. The offences
took place between 2011 and 2013 when Bevan was employed by the Bermuda
Government as a payments manager. The court heard at the time that he used the
cash to pay off a $179,000 mortgage on his home, invest in 11 other properties
and buy two Mercedes Benz cars. Bevan, who earned about $102,000 in Bermuda,
claimed the $1.8 million was payment for his work on the island for the
Accountant-General’s office, where he was hired to implement a new finance
system. He committed the offence involving his mother after he returned to the
UK. Judge Fitton ordered that the 18-month sentence for the offence should be
served after Bevan’s jail term for the island offences ended.
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