Gaming legislation passed in the Senate yesterday, paving the way for a new casino industry in Bermuda.

Minister of Tourism Sean Crockwell was in the Senate chamber after lunch to hear the debate.

The Casino Gaming Bill 2014 will allow up to three casinos to open shop. The OBA’s newest Senator, Senator Vic Ball, announced during the debate that one licence will be granted initially, with two more to follow later.

The Act was passed despite anti-corruption challenges to the legislation by PLP Senator Diallo Rabain. In what was at times an emotive debate, he presented two significant amendments which would have created criminal offences for acts of corruption in the procurement of a site and in the procurement of a gaming licence.

Senator Rabain said the PLP wanted to include the clause in relation to the procurement of a site because it would make it known: “ ... that we will not tolerate any behaviour that can be perceived as undermining a designated sale of a casino licence.

“During debates in the other place (the House of Assembly) the Government was generally supportive of this,” he said. He added later: “I am hoping there will be no objection to strengthen this (legislation).

Senator Ball said he understood what the PLP was trying to do. However, “Corruption is already an offence under the criminal code — at this point we will consider this — we will take the recommendation under advisement.”

President of Senate, Senator Carolanne Bassett said she supported the proposed clause. “I appreciate the Opposition bringing forward this amendment. I see no downside to this amendment, straight up.”

The OBA’s Senator Lynn Woolridge also spoke on the issue, stating: “The Government is totally in favour of anything that will prevent corruption in any form.

“We believe the current legislation is sufficient. Any changes should be made to the Criminal Code, not the Casino Act.”

Senator Michael Fahy, joining the debate, said: “The Criminal Code is comprehensive in regard to corruption.”

Sen Rabain responded saying that he did not understand the Government’s position. “(The amendment does) not change the Casino Gaming Act — it strengthens it.”

He said: “The impression that we are giving to the public is that we are not willing to make our Act as strong as possible,” and told Senators: “We are looking at something that will be in place for generations and will change the face of the island.”

Sen Fahy responded that over time, the Act will continue to evolve. “All of these types of suggestions will be taken under consideration,” he said.

But Sen Rabain said: “I can’t believe what I’m hearing,” and added: “To reject it on the basis it probably won’t pass ‘somewhere else’ (the House of Assembly) doesn’t cut it with me — it doesn’t pass the smell test.”

Sen Fahy said that Senator Rabain was imputing improper motives when he said their refusal to support the new clauses “doesn’t pass the smell test.”

He added: “The amendment was brought in another place, in my view, for another reason,” and said there were allegations related to so-called “Jetgate” events raised in the House of Assembly debate.

Sen Rabain said the assumption the amendments had been brought forward for political expediency was not correct. “It was brought forward because it was the right thing to do.”

Sen Bassett questioned whether or not the Government knew if the Criminal Code was sufficient, to which Senator Fahy responded: “In our view the Criminal Code is sufficient.”

He said there were a lot of pieces to be added to the legislation, and should amendments in regard to corruption be necessary, that they would bring them forward.

The proposed clause was defeated by seven votes to three with the Senate president Senator Bassett voting with the three Opposition Senators present. The PLP’s Senator Marc Daniels was absent.

Later, the second amendment in regard to corruption in connection with the Commission granting or refusing a licence, was also proposed by Sen Rabain, who again said it would do nothing to change the premise of the Bill.

He said that if a person was found to have committed an office under a new Clause 38, their licence would be revoked immediately.

The clause was rejected by seven votes to three, with the Senate president again voting for the inclusion of the clause, and Sen Daniels again absent from the Chamber.

Independent Senator James Jardine said the formation of a gaming industry presented a chance to reduce Bermuda’s national debt. He said: “I would like to see a requirement in the regulations or any amendments to the act … that would see any surpluses beyond those required to be retained as working capital for the Casino Commission, be transferred to the sinking fund and be used to pay off our worrying, huge national debt rather than simply being returned to the consolidated fund and used for unspecified other purposes.”

Addressing concerns raised by Sen Rabain with regard to Bermudian ownership, Sen Fahy said: “I don’t buy it to say that it is only going to be out there for investors from overseas coming in, because there is nothing stopping local individuals from banding together and getting the capital together …

“We have seen the success of Bermudians at the Hamilton Princess — we are going to see their success at Sonesta — we will see successes across the board.”

Sen Rabain referred to the Club Med site in St George’s where one of the three casinos is expected by many be housed. The Act stipulates that an integrated resort must comprise a hotel with no fewer than 200 rooms, yet the government recently announced that the Club Med site would only have 122. Sen Fahy explained that if a resort found favour with the Commission, they can be accepted regardless.

Sen Bassett echoed the sentiments of the religious community which sees gaming as a slippery slope to moral corruption.

“There is a Bermuda before this took place and there will be a Bermuda after. What’s it going to look like? What’s the fallout going to be? I take this seriously, as we are sitting here discussing this, that we have to think about the long-range impact it will have on Bermuda.”

Senator Ball responded: “Tourism has been in decline for 30 years. I fully appreciate what you say on Christian level. There were two people in a garden — the Garden of Eden. This was created by a perfect God.”

He said the two people were given a choice not to eat a specific fruit from a tree. “And they did — they had a choice.”

“I don’t think any of us are playing God today,” he said.

“Those persons who might abuse this choice ... it is a choice to do so.

“So many persons are out of work, and this legislation could put thousands of people back to work in the construction industry, in hospitality industry or the casino industry. We can’t tell a steel welder or a plumber that they can’t have a job because someone might make a bad choice.”

At the conclusion of the debate, the Bill was adopted without objection.