'A more prosperous Bermuda'
This is the full text of the Speech from the Throne delivered by Acting Governor Mark Capes in the Senate Chamber yesterday:
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
James Baldwin wrote: "For nothing is fixed, forever and forever and forever, it is not fixed; the earth is always shifting, the light is always changing, the sea does not cease to grind down rock. Generations do not cease to be born, and we are responsible to them because we are the only witnesses they have..."
Each generation has the responsibility of maintaining the level of progress attained by the previous generations, and each Government administration of advancing the community to even higher levels of development in accordance with its own vision. Every progressive Government establishes mechanisms by which this process of development is ensured.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
The Government has a vision for a more prosperous Bermuda, one that includes all of the people of Bermuda and touches every aspect of their lives. Prosperity must have at its core, holistic and tangible implications that directly affect the well-being of all Bermudians. Only then will we know real progress. Only then will this Government have served to strengthen the fabric of our community.
In the upcoming Parliamentary Year, the Government will build on its success and implement programmes that impact the social, economic, environmental and intellectual condition of the people of Bermuda.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
It is widely recorded that 'self-actualization' was used most extensively by Abraham Maslow. He placed it at the apex of his hierarchy of human motives, which he conceived as a pyramid ascending from the most basic needs, to increasingly complex ones.
The needs at each level must at least be partially satisfied before those at the next can be addressed. The Government will act to move its citizenry closer to an optimal condition by ensuring that the basic needs of all those within our community are considered.
At the base of the hierarchy of needs are a number of essentials including shelter. To this end, the Government will encourage community partnership in the provision of shelter by launching an incentive programme for landlords to bring affordable housing units back onto the market. This will be accomplished through the provision of tax incentives.
Renting, however, is not the panacea. Bermudians should be homeowners.
To encourage homeownership, the Government will provide interest-free down payment loans for 500 qualified Bermudian families who have the ability to sustain a reasonable mortgage.
Others too will be given a meaningful opportunity to work towards homeownership.
The Government will draft legislation to support its rent geared to income initiative which allows individuals living in Government-owned facilities to have their rent set at no more than 25 per cent of their income, and cause an additional ten per cent of their income to be saved towards future homeownership.
Following the January 2008 delivery of the first 21 units at Loughlands, the Government will work with its private sector partner to commence the second phase of construction which is targeted to move an additional 21 new home owners into the premises prior to the end of the same year.
The Government will develop three purpose-built facilities, at Southside, St. David's, designed specifically for family groups who have been housed in emergency facilities for extended periods. Notwithstanding the provision of homes of bricks and mortar, the Government will launch a 'Breaking the Cycle' training and development series of programmes designed to assist with the personal and professional development of those living in transitional facilities.
Next in order of precedence comes a set of needs for such things as safety and security.
The Government will bolster the human resource capabilities within the Bermuda Police Service in the areas of intelligence analysis and will explore the scope for deploying Bermuda Regiment personnel to support the Bermuda Police Service, as may be necessary, in areas such as guard duties, thereby releasing police officers to carry out mainstream policing duties.
To ensure public safety the Government will strengthen the legislative remit of the newly amalgamated Bermuda Fire and Rescue Service, with a focus on modernizing fire protection and safety. Legislative amendments to the Fire Service Act will provide the authority to inspect and enforce building fire safety codes.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
Towards the middle of the hierarchy of needs is self-respect and respect for others. Elder protection, barrier-free and integrated living, cultural identity, racial equity and human rights protection feature prominently in this dynamic.
The Government is committed to addressing elder mistreatment, and to protecting the dignity, rights, and financial security of our seniors.
A proposal for Elder Protection Legislation to complement the Elder Abuse Register will be developed with a view to informing the development of programmes, models, and initiatives that measurably decrease the incidence of elder abuse, neglect, and exploitation.
The Government will amend the Contributory Pensions Act 1970 to remove those features of the Act that have, on occasion, precluded seniors from accessing their pensions as a result of failing to apply for a benefit within a prescribed time period; other amendments to the Act will provide for an interest rate of five per cent per annum to be applied to refunds of contributions, and survivor's benefits to be paid to dependent children up to the age of 18 years in the event that there is not a surviving spouse to receive the benefit.
Additionally, the Government will amend the Government Fee Regulations to allow Government fees to be waived for senior citizens for birth, death and marriage certificates in instances where these documents are required for such purposes as applying for pensions at the age of 65 or for the purpose of securing passports and other proofs of nationality.
Further, the Government will undertake a legislative review of the Government Employees Health Insurance Scheme so that the eligibility for the continuation of benefits following retirement is better aligned with the needs of retired public sector workers thereby assisting retirees in maintaining health insurance benefits, including major medical, during their golden years.
People the world over are living longer and reaping the benefits of advances in modern medicine. The costs of healthcare are so significant in these latter years that saving patterns of the working age population must be radically shifted now to ensure that our hard working citizens have the resources to meet the costs of healthcare for themselves when that time comes.
Therefore, the Government will launch an aggressive public/private campaign aimed at encouraging a direct change in the saving patterns of the people of Bermuda. It is an important duty of the Government to prepare its people for the future and in concert with the private sector we will change the way that Bermuda saves and invests.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
The family is the foundation of society. It is the base upon which a strong community stands. To disagree is human, yet through mediation, peaceful and unifying solutions are realized.
The Government will implement a Family Court Mediation initiative designed to resolve more family disputes and restore unity within our community.
There has been no greater showing of unity amongst various segments of our community in recent history than on the day that the late Dame Lois Browne-Evans was laid to rest, an amazing demonstration of national pride.
The Government is committed to building national pride and to recognizing our national heroes. The Government will therefore establish a Recognition Committee and publish the criteria that constitute a national hero.
Our heroes are the embodiment of our history. Our history shall not be forgotten. To build national pride is to celebrate and to raise the profile of our history.
The Government will therefore establish a Bermuda History and Cultural Studies Room designed to house Bermuda books, films, and artifacts and the Government will amend the Legal Deposits Act to ensure that publishers and producers deposit one copy of locally produced non-print materials including videos, DVDs, CDs and other electronic documents, at the Bermuda National Library.
The preservation of our history today will ensure its availability for the generations that follow.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
Justice is the principle of fairness.
Global indicators suggest that public awareness is growing about our need to address mental illness in our communities. It is believed that the public is wakening to the idea that criminalizing mentally ill people and warehousing them in our jails is inhumane and does not solve the underlying causes of the problem.
The Government will therefore introduce meaningful alternatives to criminal sanctions for those with mental health challenges and will implement a Mental Health Treatment Court Programme designed to provide systematic treatment alternatives for persons who are challenged with mental health issues.
In instances where incarceration is unavoidable, the Government will establish a forensic unit to house mentally ill inmates.
In many cases substance abuse is linked to mental illness.
The Government has reconsidered its approach to substance abuse and now regards it as a public health challenge.
The policy is embodied in the National Drug Control Master Plan.
The Government will implement a mandatory drug treatment programme for incarcerated addicts during their period of incarceration. The Government will also establish an insurance scheme for drug treatment in the public and private sectors to make treatment more accessible to a greater number of persons over a longer period of time.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
Disability does not mean unable.
In support of the recently published National Policy on Disability, the Government will establish a National Disability Advisory Council. The Council will propose amendments to Bermuda's Public Acts and Statutory instruments with respect to the principle of 'inclusion for all' and will recommend proposals for legislation for persons with disabilities and propose amendments to existing legislation that will bring provisions in line with the National Policy on Disability's objectives.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
Albert Einstein said that "Laws alone cannot secure freedom of expression; in order that every man present his views without penalty there must be a spirit of tolerance in the entire population". Tremendous good has come of the Big Conversation - the Race Relations initiative, and the healing process must continue.
In our quest to empower the people of Bermuda, the Government will reform Human Rights legislation to bring it fully in line with the international human rights obligations applying to Bermuda and put in place a robust legal framework to ensure that everyone in Bermuda can enjoy the full protection of their human rights in law.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
As we endeavour to protect the human condition of our people so too must we preserve and protect our environment.
There is an ever increasing demand for the natural resources and living spaces within our community. Stewardship of our environment requires the raising of the consciousness of the entire community.
The Government has therefore established a principal land use policy, The Bermuda Plan 2007. The policy provides the framework for the effective management of the natural environment, the built environment, and resource development in a sustainable manner. Guided by our first Sustainable Development Strategy, the policy embraces the environmental, economic and social needs of the people of Bermuda.
Legislation is the foundation of the land use system and the Government will therefore undertake a comprehensive review of the Development and Planning Act 1974 and all other relevant supporting and subsidiary legislation.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
Our natural resources - land, air and water, must be protected and managed to meet the needs of current and future generations. Environmental stewardship, protection of human health, and economic vitality are harmonious and mutually beneficial endeavours.
The Government will amend the Water Resources Act 1975 to provide for greater control over the discharge of substances into Bermuda's water resources by strengthening and clarifying the provisions which relate to the prevention and remediation of pollution.
The Government will establish regulations to mitigate exotic pests and diseases associated with imported soils, grasses and soil bearing ornamentals such as palm trees.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
It is no secret that clean communities contribute to a better quality of life and safer societies. Eliminating the anti-social behaviour of littering requires an incentive based partnership.
The Government will introduce a Beverage Container Deposit System, commonly known as the Bottle Bill. This system will encourage citizens to refrain from disposing of beverage containers along the roadsides and the foreshore, and instead dispose of them at designated drop-off points in return for a refund of a deposit.
We must Keep Bermuda Beautiful.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
Bermuda enjoys an economy that is largely based on tourism and international business. We have been highly successful in both areas, and Bermuda now boasts one of the highest per capita incomes in the world.
The Government will continue to safeguard its reputation and evolve its international business infrastructure so that Bermuda remains at the forefront of industry.
Law enforcement and protection of Bermudians, residents, and visitors to Bermuda is a high policy priority. The Government is determined to safeguard the security and economic well-being of Bermuda from the threat of organized crime and terrorism that now manifests itself on a global basis.
Finance is a conduit for these threats and the financial system may be abused by organized criminals and terrorists for their own ends.
Bermuda's regime for combating money-laundering and terrorist financing, otherwise known as our anti-money laundering/combating the financing of terrorism regime, is to be strengthened in order to raise the bar in our challenge to eliminate organized criminal activity in Bermuda and in the international arena.
Accordingly, the Government will amend various items of legislation to reflect the most recent international standards in the fight against money-laundering and terrorist financing. In addition, at the institutional level, preventive measures against money-laundering and terrorist financing will be enhanced in the financial sector, and some measures will be introduced for the first time in the non-financial sector.
The Bermuda Monetary Authority Act 1969 will be amended to include civil money fines as part of the Authority's sanctioned powers for violations of anti-money laundering/combating the financing of terrorism requirements. In addition, the Authority will be given the power to enforce the Proceeds of Crime Regulations.
The Anti-Terrorism (Financial and other Measures) Act 2004 will be amended to include specific reference to the Suppression of the Financing of Terrorism conventions and to the financing of terrorist organizations.
The Proceeds of Crime Act 1997 will be amended to broaden the category of assets subject to seizure in connection with a money-laundering offence.
The Government will undertake a review of laws and regulations related to non-profit organizations to ensure that they cannot be used for the financing of terrorism.
In the enhanced anti-money laundering/combating the financing of terrorism regime, independent professionals will be brought under the scope of the Proceeds of Crime Regulations. Similarly, in due course entities that trade in high-value goods such as real estate and luxury retail items will come under the jurisdiction of the Regulations.
For independent professionals who have supervisory bodies it will be possible to have those bodies designated as self-regulatory organizations. A self-regulatory organization must demonstrate that it has an adequate oversight framework in its bye laws and the necessary resources to deliver effective supervision.
In addition to independent professionals, corporate service providers will also be brought under the scope of the Proceeds of Crime Regulations in Bermuda's enhanced anti-money laundering/combating the financing of terrorism regime.
The regulatory enhancements to the anti-money laundering/combating the financing of terrorism regime will be introduced in such a way as to minimize the additional regulatory cost burden as much as possible.
To ensure rigorous leadership and effective implementation of all of the recommendations, the Government will appoint a National Coordinator.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
The Government will update the legislative environment for business in other areas as well.
The Insurance Act 1978 will be amended to provide for filing of public accounts in accordance with Generally Accepted Accounting Principles, and the Insurance Returns and Solvency Regulations 1980 will be amended to introduce a risk based approach to determining solvency requirements.
The Investment Funds Act 2006 will be amended to include transitional provisions required to cover funds with exemptions and partnership funds that are being brought under the scope of the Act for the first time.
The Bermuda International Business Association has recommended to the Government that the Perpetuities and Accumulations Act 1989 should be repealed, as a result, the Government will undertake a policy review of this major area of trust law with an aim to bringing an amendment to the Legislature to advance Bermuda's attractiveness as a jurisdiction for international trust business.
In collaboration with the United Kingdom Patent Office, the Government will develop a proposal for new trademark legislation to replace Bermuda's Trade Marks Act 1974. The new Act will enable Bermuda to have the same registration requirements, together with the same rights and remedies available to proprietors as most other jurisdictions.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
Our tourism industry is steadily returning to a measure of health and prosperity and our bed stock is poised to increase as new developments are completed.
In preparation for this increased capacity and to ensure competitive airfares on all routes, the Government will extend the waiver of landing fees at the L. F. Wade International Airport to all new air services from all gateways.
And, to ensure compliance with international standards, the Government will amend the Base Lands Development Act 1996 and the Civil Airports Act 1949 to reflect the designation of airport lands.
In the interest of maintaining compliance with international standards for our cruise product, the Government will amend the Maritime Security Act 1997 to permit International Ship and Port Security Code to 'stand alone' in accordance with international best practice and the Government will also increase the penalties prescribed under the Code to reflect the seriousness of offences under the Code.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
The people and businesses of Bermuda are well served by the availability of sophisticated and up-to-date telecommunications services.
Advances in technology and the convergence of multiple services via one system has created the opportunity for consumers to benefit from the provision of telecommunication services from a single-source provider, and has demonstrated the need for changes in the way that the industry is structured and regulated.
The Government will revise the regulatory structure of the telecommunications industry. This will result in the separation of policy making from the management and enforcement of policies. Unified communications licences will replace the existing segmented telecommunications licences.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
A healthy and diversified economy consists of many different business activities. The Government, therefore, will continue to explore new opportunities for investment designed to extend Bermuda's economy, while being mindful of the need to limit the increased burden on Bermuda's physical infrastructure.
Accordingly, the Government will introduce Satellite Network Notification and Coordination Regulations with a view to establishing Bermuda as a jurisdiction of choice for the satellite industry.
Similarly, the Government will carefully assess the Merchant Shipping Act to determine if a statutory regime that regulates international wreck recovery in accordance with international standards, and prescribes Bermuda as a centre for the receipt of recovered international wrecks, is suitable and desirable for Bermuda.
To ensure that any economic benefit derived from the exploration of Bermuda's diverse environment is shared throughout the community, the Government will develop policies to manage permits for "bio-prospecting" - the exploration of local plant genetic materials for commercial application.
These steps will encourage research into the potential usage of Bermuda's plant genetic resources and ensure that a fair portion of the financial and other benefits derived from any potential product is shared throughout the community.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
The ultimate goal of the Government is to empower all Bermudians and harness the innate capacity for understanding, thinking and reasoning. Learning is a lifelong pursuit and all of Bermuda's citizenry must be provided with the opportunity to participate in the acquisition of knowledge.
The recent Education Review identified several areas of weakness in the public education system. This Government will reform the public education system. There will be ongoing training for principals with focus placed on instructional leadership.
The Government will examine the existing curriculum and implement a school-based management and accountability programme comprising a comprehensive assessment and accountability system to include rigorous academic performance standards for students and annual performance standards for each school to measure student academic growth.
Through its Workforce Development initiative, the Government will implement technical and vocational education in schools so that students will have the option of obtaining both the Bermuda School Certificate and certification in a trade.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
Reports indicate that obesity and Type 2 diabetes is prevalent in our society. The Government will encourage healthier lifestyles for our children and will examine the allocation of time in the physical education curriculum to incorporate more wellness and physical activities.
Healthy lifestyles must extend beyond the school system and the entire family must embrace the concept.
The Government, therefore, will develop fitness trails on all properties currently operated by the Department of Youth and Sports.
These trails will encompass fitness stations allowing users to engage in a range of aerobic activities.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
Education reform will result in significant amendments to the Education Act 1996.
More effective Legislation, however, is only part of the solution. Parents and guardians must participate in the education of our children. We must rise above any limitations in achieving the highest aspirations for our youth. The Government will implement an on-going perception study and invite views on parental expectations for curriculum, infrastructure, discipline, and teacher performance.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
Higher education will no longer be a rite of passage exclusively for the privileged. Every Bermudian will be provided with an opportunity to excel.
The Government will amend the Bermuda College Act 1974 to change the admissions procedures to afford all Bermudians enrolled in an accredited programme an opportunity to study and acquire academic qualifications free of charge.
The Government will amend the Scholarship Act 1958 and increase the value of the Bermuda Government Scholarship so that it covers a more meaningful portion of tuition costs and living expenses. Age is not a factor in the quest for knowledge and therefore the Government will increase the value of its Mature Student Award.
The Government will also increase the number of Government Bursary Awards to ensure that a greater number of students are equipped with the technical expertise required for public service.
And, to encourage greater numbers into the health profession the Government will establish a dedicated Public Health Scholarship.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
All learning does not take place within the walls of the hallowed halls of great academic institutions.
Therefore the Government will introduce Certification and Apprentice Regulations to complement the National Certification and National Apprenticeship Systems.
The Government will establish an international maritime training platform in Bermuda to the standards of the International Maritime Organization. Successful completion of this programme will place the crews of all public transportation and commercial maritime vessels at an internationally recognized level.
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
Private sector partnership is a necessity in the human resource development process of skill building.
The Government will establish Sector Councils - employer-led, independent groups that identify the skill development needs of industry. Sector Councils will assist in the development of occupational standards designed to improve productivity and business performance and create career leaders.
The people of Bermuda will be prepared to assume their rightful place and derive the benefits of a healthy economy. Knowledge is power. It is the key to the success of our citizenry.
In accordance with an often used proverb: "Give a man a fish and he is fed for a day. Teach a man to fish and you feed him for a lifetime."
Mr. President and Members of the Senate
Mr. Speaker and Members of the Honourable House of Assembly
During the upcoming Parliamentary Year: "Let us run with endurance the race that is set before us".
We that live in Bermuda have so much to be grateful for. We need only glance at the headlines from around the world to appreciate that. And yet it is so easy to take for granted all that makes this country such a good place in which to live. We enjoy freedom of speech, respect for human rights, and we have a strong and independent judiciary - in short we live in a thriving and prosperous democracy set in a jewel of an island.
And as you have just heard, the Government intends to strengthen even further the guarantees of our basic freedoms and provide support to those who need it. In the year ahead let us strive to work together as one people with a shared objective - to value and respect each other, and together help shape Bermuda's future in a way that will ensure it continues to occupy a special place in the world that all who live here can be justly proud of.