Term limits are not 'anti anything, but pro - Bermuda' says Burch
Bermudians in international business were told by Senator David Burch last night that the term limit policy: "Is not anti anything, but pro-Bermuda and its people."
He also suggested: "Nowhere else in the world do you find a country or its leadership apologising for protecting its citizens first."
Sen. Burch, the Minister of Labour, Home Affairs and Public Safety, answered questions from the 400-strong capacity crowd during the meeting at the Berkeley Institute. It was designed for Bermudians only, without the media present, to enable what Sen. Burch described as "an honest sharing of ideas".
Term limits were first implemented in 2001, and mean most guest workers are only permitted to stay for six years. It's been criticised by international business groups who say it means their expatriate staff lack a sense of long term security.
Comments from those leaving the two-hour session were mainly positive, with most saying the Minister was open to criticisms.
In his speech, which he later shared with this newspaper, Sen. Burch defended the rationale behind the policy. He said it was incorrect to say it was introduced to make more jobs available for Bermudians.
Instead, he said, it was to stop those who came to the Island on work permits and ended up claiming permanent residency after their permits were extended indefinitely. He countered suggestions that the limit policy has been applied inconsistently.
"I have ensured that once I have made a decision about a job category, then the rationale is applied to all jobs in the same category and industry," he said.
"However, sometimes I have to review applications on an individual basis where I believe that a specific employer may need additional time to replace the relevant work permit holder or that employer finds himself or herself in a situation where it is critical to have a specific employee compete a certain project."
He said others misunderstand the policy to believe that certain job categories automatically get "key worker" status, which means term limits do not apply. He said employers must still justify why each individual employee is key.
Sen. Burch also noted complaints from Bermudians who've been told they can't be interviewed for a position currently held by a person who has been granted a waiver from term limits. He said employers are wrong in this they are still required to hire any suitably-qualified Bermudian who applies.
He also expressed concern at a lack of entry-level positions for suitably qualified Bermudians, and urged those present to make sure opportunities are available.
Those leaving the meeting told The Royal Gazette it was worthwhile.
Andrew Simons, 28, a catastrophe modeller from Pembroke said: "It was a very good meeting. I came because I was curious and it was supposed to be a very specific meeting. I think Colonel Burch has a reputation for being competent and I thought it would be nice to hear. He spent a lot of time in the beginning explaining what the policy was and why the term limits were created. There were mixed views, there was a lot of discussion about the perceptions of the policy and the reality of the policy.
"A question I didn't get to ask was whether or not the Island should renew the debate about long term residency. My own view is Bermuda should have term limits paired with work permits, but also the option of long term residency, but that may not lead to citizenship."
A 34-year-old manager in the banking industry who declined to have his name published said: "It was completely different from what I expected. My perception of Col. Burch is what you read in the paper. I went in with a closed mind and thought it was going to be a lot different, but he appears to have made an effort to work through things by having this forum for us. I can see the point of having term limits in place but some of the feedback is the guest worker is not feeling welcome, they're here for a short time and can't put down roots. The opinion in the forum was mixed, but by having this, it shows flexibility."
A 51-year-old male financial controller from Smith's, who also declined to be named, said: "The Minister presented the policy quite well. I think the only issue is the perception that non-Bermudians are not feeling welcome. I think he presented his case regarding what the policy was about well. He talked well and there was a bit of humour there, and there was nothing really heated.
"He answered questions very well and was diplomatic about it. He has a reputation for being blunt and abrasive but I don't think that came across.
"The views were mixed, a couple of people came up and took the hard line that expats would only be allowed to stay six years or nine years or whatever. But others presented cases about how many jobs the policy could affect. Was he listening? I don't know if he was really. I don't think anything's going to change."
Senator Burch said as he left: "It was a resounding success. I would say I got a lot of good suggestions from the audience. I wouldn't have had this meeting unless I was going to take public perceptions seriously.
"I don't think anybody was angry. I think people were frank and honest and there are people strongly opposed to the policy and expressed why, and others in favour."
He said one of the first things he would do as a result is look at the data on work permit holders on term limits to see how long those people are voluntarily staying. He said that should help indicate whether the term limits need to be amended or done away with.
He admitted some in the meeting disagreed with his decision to limit it to Bermudians only. However, he stuck to his guns, pointing out he's met with other international business groups already.
"I will meet with anybody and everybody and I find it awful peculiar to have to defend meeting with Bermudians," he remarked.
• See The Royal Gazette website for a full transcript of Sen. Burch's speech, and read tomorrow's edition of The Royal Gazette for more on the meeting.
