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`Government to seek changes that will extend well into next century'

THE THRONE SPEECH Mr. President and Members of The Senate: Mr. Speaker and Members of The Honourable House of Assembly: This Speech from the Throne opens the new Parliamentary session and sets forth Government's legislative plan for the year to come.

A great deal has been accomplished in the past year and Bermuda is more secure as a result. Government is well positioned to meet the challenges of the future.

This Throne Speech will detail a plan of action that is building on an already sound foundation. This plan of action is designed to ensure that Bermuda is fully equipped to meet a complex future, while providing the protection and support necessary for all of its people.

It is a plan of action that comes forward under a new Leader whose appointment earlier this year was not only of marked social and historical significance, as Bermuda's first woman Premier, but also a singular demonstration of Bermuda's leadership in managing change.

The Government is determined to seek changes that will extend well into the next century, changes that will truly embrace all the people. The community must engender a common pride and purpose, knowing that we share a common future. The Government will remove the barriers to achievement and will seek to eliminate fear by harnessing the extraordinary talent that Bermudians possess, so that together, bold and innovative steps can be taken. The Government will further create a Bermuda that is ready and able to meet the challenges ahead and to seize new opportunities.

The Government's plan is designed to address the concerns and the aspirations of the people of Bermuda. It is designed to meet the need for a stable, secure and prosperous Bermuda where success is shared by all.

Government's responsibility is to create and ensure opportunity. It is the individual's responsibility to seize it. It is time for a new era in which personal responsibility, corporate responsibility and Government responsibility are united in a partnership that will carry us forward.

Government, on behalf of the people, is firmly committed to the following principles: opportunity for all, fairness, security, stability and prosperity.

Government has been guided by these principles in developing its plan of action for this Parliamentary Session.

The educational restructuring, which has borne fruit in the opening of the refurbished Middle Schools and the state-of-the-art CedarBridge Academy, demonstrates Government's commitment to excellence and opportunity for all.

The Government will continue to work with the Berkeley family to produce a revitalised Berkeley Institute, offering a level of instruction and range of opportunities comparable to CedarBridge Academy.

Government can provide the finest schools for our children; however, Government must not and will not usurp the rights and responsibilities of parents who are indeed accountable for raising their children and guiding their behaviour.

Government asserts that discipline and a safe, secure environment conducive to learning are fundamental rights for students and teachers alike. The Government will introduce an alternative school as well as legislation aimed at ensuring a greater degree of parental responsibility and accountability, recognising the part that parents must play in raising Bermuda's next generation.

Bermudians should be assured that our world-class school system will fully, fairly and equally prepare our children for the 21st century and its challenges, whether in high-tech or the trades, as entrepreneur or public servant. Government will enforce an assault on racial and gender discrimination. Equal opportunity must be the foundation in education and training, in jobs and careers, in promotions and entrepreneurship. Government will introduce legislation that will remove from the laws all remaining vestiges of discrimination on the basis of a person's sex. For the women of Bermuda, equal pay for equal work will become the law of the land. Building on the Code of Practice for the Elimination of Racial Discrimination in Employment, Government, through the Commission for Unity and Racial Equality, will concentrate its efforts on working with the business community to ensure full compliance with the Code.

The Government is determined that in a society as affluent as ours, no-one should be left behind. Legislation and other measures will therefore be put in place to strengthen social programmes which will provide targeted support to the most vulnerable in our society. At the same time, existing programmes which tie financial assistance to job training will be further developed and refined. Government also proposes to develop new partnerships with churches and other community groups to address the challenges posed by single parent homes.

The needs of Bermuda's citizens most at risk, including children and the elderly, will be given high priority; their housing, pension, health insurance and health care needs will be improved. Together with the Bermuda Housing Corporation, Government has begun a review of the housing situation with the expressed purpose of achieving fairness, affordability and balance in Bermuda's housing market. The Government's continued commitment to our senior citizens will also be manifested by instituting a stronger set of regulations for nursing homes and by encouraging quality home-care initiatives.

Health care in Bermuda, overall, will also be addressed. In conjunction with the Bermuda Hospitals Board, the Government is developing implementation strategies for key service-related recommendations arising from The Oughton Report on Health Care. Major improvements can result from better disease-management plans, care coordination, cost management and evaluation techniques for new medical technologies.

It is proposed to introduce amendments to The Mental Health Act, 1968, to better protect the rights of persons suffering from mental disorders.

Government will introduce legislation to provide for the mandatory establishment of private occupational retirement pensions for Bermuda's senior citizens. These pension schemes will be supervised by a new Pension Commission within an appropriate regulatory framework.

The Task Force on Child Abuse Report will prompt a number of changes to existing legislation to better protect our children. The amendments will strengthen The Protection of Children Act, The Foster Homes Act and the Nursery School Regulations. Government will also take steps to have The Hague Convention on Civil Aspects of International Child Abduction extended to Bermuda. The Convention safeguards the interests of children who are wrongfully transported across international borders and provides for their safe return to their country of domicile.

Long-term residents, many of whom have made major contributions to Bermuda, have understandable concerns about their security. The Green Paper entitled Long Term Residents of Bermuda, which was tabled in the House of Assembly in June, has been discussed at public meetings and will be debated in this Session of Parliament. Following that debate the Government will produce a White Paper setting out Government policy.

Government remains committed to achieving greater harmony in the workplace and a more effective partnership between trade unions and employers. Too often in the past, disputes have had their origins in recognition issues. Government will introduce legislation to provide for the certification and de-certification of trade unions.

The recently approved Code for Occupational Health and Safety is designed to increase public awareness. In addition, the Health and Safety at Work Act, 1982, will be reviewed to ensure that it provides adequate means for securing the health, safety and welfare of persons at work. The Workmen's Compensation Act 1965, will be examined to ensure that current levels of compensation for injuries and occupational disorders suffered in the course of employment are adequate and meet international norms.

Mr. President and Members of The Senate: Mr. Speaker and Members of The Honourable House of Assembly: The Government will expand the war against crime and will relentlessly pursue criminals, especially those involved in trading in illicit drugs.

Operation Clean Sweep is only the beginning.

The Government is resolved that Bermuda shall be a place where those who live here, and those who come to visit us, will be safe on our streets and secure in their homes and in our hotels. Towards this end, the laws will be strengthened and our Police Service will be provided with the ongoing training, technology and equipment which are essential in the fight against increasingly sophisticated and increasingly ruthless criminal elements.

During this Session of Parliament, the Government will introduce legislation to enable the audio and video taping of Police interviews. Such tapes will assist the Courts, the investigations process and, ultimately enhance the credibility and effectiveness of the criminal justice system.

The Proceeds of Crime Bill, 1997, will be brought back to the Legislature, together with associated regulations governing the duties of financial institutions in combating money laundering. This will allow the Courts to seize the assets of those involved with drug and other crimes and will enhance the Islands already good reputation in the international business sector.

The advent of rapid technological change brings many benefits to our community. It has also, however, enhanced the capabilities of criminals to perpetrate sophisticated crimes using that same technology. The Government will respond to the increase in this type of crime by modernising The Criminal Code to facilitate the prosecution of those who are guilty.

The Government recognises that for law enforcement to be most effective, a strong partnership between the Police and the people is imperative and that the basis of such a partnership must be the people's trust in the Police.

Within this framework, a comprehensive review of the process through which complaints against Police officers are investigated and adjudicated is underway and consideration is being actively given to the establishment of a statutory Police Complaints Authority.

In other initiatives involving law enforcement and justice, a separate court will be created to deal specifically and exclusively with the adjudication of criminal offences, involving primarily first time offenders whose behaviour may be linked to the use of illicit drugs or alcohol.

This new Court will be empowered to determine matters in such a way that treatment, restitution and permanent recovery will be the targeted outcomes.

The operation of the Bermuda Youth Counselling Service is also supported by Government, through the auspices of the National Drug Commission, which will provide confidential outpatient counselling to high-risk youth who are experimenting with or abusing alcohol and/or other drugs.

The implementation of the Prison Service Review will focus on organisation, improved training opportunities for staff and well-established programmes for inmates in the areas of life skills, behaviour management, basic education and vocational skills.

A residential component is to be added to the newly-implemented Aftercare Programme. During the new Parliamentary term, attention will be directed to traffic congestion on Bermuda's roads, and the problem of environmental pollution from motor vehicle emissions.

Alcohol abuse, aggressive and reckless driving, will be dealt with on several fronts. Legislation will be introduced to provide for roadside testing for alcohol and drugs. The law will also be amended to allow the introduction of speed-detection cameras. These measures, combined with tougher road penalties, should improve safety on our roads.

Furthermore, Parliament, in this Session, will consider The Road Traffic Amendment Act, 1997, which will strengthen the law relating to impaired driving offences. The Motor Car Amendment (No.4) Act, 1997, and The Auxiliary Bicycles Amendment Act, 1997, will, when enacted, increase penalties for using unlicensed vehicles such as motor cars, motor cycles or auxiliary cycles on Bermuda's roads.

A new look to tourism industry Government recognises that transport issues are complex and interrelated.

Government also appreciates the substantial impact the transportation system has on both our quality of life and the experience of our visitors. Therefore, Government will create a Transportation Authority to oversee the development of an integrated and comprehensive transportation plan, which will address the current and future needs of our community.

Mr. President and Members of The Senate: Mr. Speaker and Members of The Honourable House of Assembly: No economic question is more important than how Bermuda will renew and revive its tourism and visitor industry. Bermuda's on-going success depends upon it.

The Government and the private sector need to further strengthen their partnership. Labour and management need to work together with a new agenda and purpose. All need to cooperate in addressing and achieving the principal goals of job security, job opportunity, career advancement and a return to profitability.

The Government recognises that these goals can only be realised through the nurturing of strategic alliances with continued investment from the private sector.

After a comprehensive review of the structure and role of the Ministry of Tourism, and taking into account the new dynamics of this industry, Government submits that there is a need for an entirely new kind of partnership with the private sector.

The Bermuda Tourism Authority would be a private-public partnership that shares the financing, marketing, staffing, positioning and decision-making for all aspects of the industry. This would not involve Government handing over its public-policy role and responsibility. It would involve Government including and enlisting the active cooperation and participation of the private sector in a more effective and essential way. The inclusion of this essential ingredient will enable us to move positively toward the further development of our human capital and raise the standard of living for every Bermudian.

The Government, in partnership with the hotel industry, will initiate and complete by mid-December a strategic marketing and business plan that will set the course and direction over the next five years and complement the work of the Monitor Company.

As this year sees the implementation of the makeover of Bermuda's tourism and visitor industry, the continued success of the international business sector must also be ensured. The extraordinary pace of change in global financial markets, the harmonisation efforts of international regulatory bodies and the development of new competitive jurisdictions, demand that Bermuda continue to refine its legislative environment and work in partnership with private-sector organisations, such as the Bermuda International Business Association, to address the evolving needs in international business.

Amendments to business legislation, including The Companies Act, Trust Law, Partnership Law and The Insurance Act, will be proposed to facilitate the introduction of new products, to permit new business structures to be established and to enhance, overall, Bermuda's reputation as an offshore jurisdiction for international business.

Government has adopted, in principle, the Basle Core Principles which set down standard supervisory provisions for banking and deposit-taking institutions.

Amendments will be made to all legislation to bring into effect these Core Principles in Bermuda and to give the Bermuda Monetary Authority additional powers.

Government will continue to support the newly established Bermuda Land Development Company to create opportunities for Bermudians and Bermuda businesses and to continue the smooth integration of the former baselands back into the fabric of Bermuda. Lease arrangements for the comprehensive tourism-based development at Morgan's Point are scheduled to be introduced in this Session, and further developments at Southside, St. David's and Daniel's Head will be brought forward and discussed.

A new Plan for the City of Hamilton will be introduced. The Plan aims to support the City's role as Bermudas centre of commerce and employment and will be designed to secure a vibrant, high-quality environment befitting Bermuda's capital city.

Critical to the overall success of this plan is ensuring that the special needs of North Hamilton are addressed in conjunction with the development of the 25 acre parkland on what was once known as the Pembroke Dump.

This Government stands proudly on its record of protecting the environment and is dedicated to maintaining the delicate balance between preserving the aesthetic beauty of our Island and the need for development which benefits our community. To date, Government has spent $24 million on acquiring 47 properties and protecting 180 acres of open space for the National Parks system. Negotiations are well-advanced on the purchase of an additional 22 acres of valuable open space. Furthermore, Government remains committed to the completion of the National Sports Centre as a high priority, given its role as an essential element in the development of character and discipline in our young people through sport.

In support of the fishing industry, Government is seeking to secure facilities at the former baselands for the benefit of fishermen wishing to take advantage of the pelagic fish stocks within Bermuda's 200 mile economic zone.

The Report of the Task Force on Consumer Protection will be tabled and debated during this Session. This will include proposals to upgrade present legislation and introduce new legislation to protect the consumer in such areas as safety standards, misleading advertising and false-trade descriptions.

As part of Governments commitment to simplifying the regulatory process, the Department of Planning will continue to streamline the planning process and improve its quality of service. A new Bermuda Residential Building Code, consolidating in one simplified document all the building, fire and health regulations that apply to traditional residential construction, will be introduced.

Mr. President and Members of The Senate: Mr. Speaker and Members of The Honourable House of Assembly: You will be invited to consider a number of Bills, Discussion Papers and Regulations in the coming year, including the following: The Bermuda Immigration and Protection (Amendment) Bill; The Civil Service Establishment Bill; The Criminal Code (Amendment) Bill; The Defence (Amendment) Bill; The Liquor Licence (Amendment) Bill; The Maritime Security Bill; The Police (Amendment) Bill; The Proceeds of Crime Bill; The Prosecution of Offences Bill; The Road Traffic (Amendment) Bill; The Trade Union (Amendment) Bill.

Government understands that within this plan of action are a number of bold new initiatives that signify new approaches to the challenges before us. More than anything else, this plan of action calls for accountability and shared responsibility. Government believes that the challenges of the next century demand a collective approach to problem-solving. In preparing for the next century, Government embraces change as it benefits our people and pledges to promote a society where all Bermudians can share in a successful, prosperous and caring Bermuda.

On a personal note and in conclusion, may I say how much my wife and I are already appreciating the warm welcome extended to us and the opportunity to become involved in a wide variety of the many exciting activities, artistic events and international occasions here on an island very much part of the modern fast evolving world. It is a great honour to open Parliament today on behalf of Her Majesty The Queen.

Mr. President and Members of The Senate: Mr. Speaker and Members of The Hononourable House of Assembly: I now declare this Session open. May God guide you in your deliberations.

Mr. J. Thorold Masefield, C.M.G.

Governor and Commander-in-Chief The Senate Chamber, Hamilton, Bermuda.

November 7, 1997.