Senate: Wilkerson confirms “fitness” of energy legislation
Legislation which gives the Minister of Home Affairs the power to suspend the integrated resource planning process if deemed in the public interest, was subject to multiple rounds of legal consideration, the Senate heard today.
Kim Wilkerson, the Attorney-General and Minister of Justice, said the legal ventilation of the Electricity Amendment Act 2026 was complimented by “robust” discussions which were made at the level of the Cabinet before the legislation was crafted.
It came as the Upper House passed the legislation, moved by government senator Lindsay Simmons, following a vote in which six senators voted in favour of the Bill and four opposed.
“I’ve sat with our drafting team and with our civil advisory team on the fitness of this piece of legislation … it’s tabled because I support it,” Ms Wilkerson said.
She said litigation risks surrounding the legislation were examined prior to it being taken to Parliament.
Alexa Lightbourne, the Minister of Home Affairs, said national decisions about Bermuda’s energy mix should not be made in a vacuum when they have “real consequences” for those who pay the bills.
Ms Lightbourne issued a statement after Wayne Caines, the president of Belco, said that the Government’s Electricity Amendment Act granting the minister powers within the Integrated Resource Plan could result in ministerial interference.
Ms Lightbourne also insisted that the amendments do not weaken the role of the independent Regulatory Authority in the process.
The minister reiterated that Bermuda’s goal in 2019 to reach about 85 per cent renewable energy generation by 2035 had not been realised as promised and that it was projected there would be a continued reliance on fossil fuels.
However, she said that overseas jurisdictions had made progress in renewable energy with similar constraints as Bermuda such as isolated grids and high energy costs.
She said that as well as successfully expanding renewable energy, they had increased competition and achieved savings to consumers.
“Bermuda’s path must be tailored to our own realities but these examples demonstrate what can be achieved with the right framework,” Ms Lightbourne said.
The Government recently slashed the 2019 renewable energy targets in its National Electricity Sector Policy, saying it now expects to produce 93 per cent from fossil fuels in 2030.
Ms Wilkerson alluded to comments by the Opposition, that the Minister of Home Affairs already had “considerable powers” over the sector.
She said: “If the minister already had considerable powers, we would not be here debating this piece of legislation.
“The reason that we are here debating it is because the minister’s powers in this regard are indeed limited.
“The idea that there is a potential for ministerial overreach in all other kinds of areas is unfounded.
“This piece of legislation has been very carefully drafted to ensure that the powers granted to the minister are limited in relation to to IRP.”
She said since the Regulatory Authority’s “abilities are not matching their actions” and the legislation sought to “cure” the gap.
Victoria Cunningham, Opposition Leader in the Senate, said the Opposition did not support the legislation.
“Not because we disagree with fairer electricity costs for Bermudians but because this legislation chose the wrong mechanism to achieve that goal,” Ms Cunningham added.
“We all want the same destination of affordability but we disagree that the minister should be able to suspend the current IRP process in the public’s interest”.
She said the term ‘public interest’ mentioned in the legislation was “undefined”.
Ms Cunningham said the Opposition believed that the legislation bypasses the functions of the RA.
She said the One Bermuda Alliance proposed that the RA be given “more teeth” to enforce affordability protections, suggesting amendment of the Regulatory Authority Act 2011 “to give them greater powers to do their jobs properly”.
Tawana Tannock, independent senator, spoke of the RA’s remit, including its oversight of energy development and consumption with the public interest in mind.
“We already have a body that says it is working in the public’s interest … is it the Government’s opinion that the RA is not sufficiently working in the public’s interest?” she asked.
David Rogers, an Opposition senator, said that he was “saddened” by the Bill being brought before legislators, adding that it will reduce the powers of the RA.
He asked: “What’s the point of having experts … what’s the point of having expertise?
“What’s the point of having technical officers if we have the ability to undermine them?
“This sets a dangerous precedent, allowing a well-intentioned minister who thinks they are doing the right thing to undercut their technical officers.”
Ms Simmons insisted that the amendment does not weaken the role of the RA, adding that the IRP remains in place.
She said the IRP should “lead the way” on the sector’s future but she noted that this could not be achieved on a 2015 policy.
Ms Simmons said some may describe the changes to the principle legislation as “interference”. However, she added: “In reality, they introduce transparency where it has been lacking and they ensure that decision making reflects the interest of the public.”
She said the electricity amendment is “deliberately narrow” and applies only in defined circumstances in the public’s interest.
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