Speeches by Lawrence Scott, JP, MP

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

42 words

The last sentence, if “the owner of the vessel is entitled to be indemnified for that loss by the person responsible for the submarine cable” —and I am assuming it is the company that is actually — Hon. Walter H. Roban: Yes—

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

16 words

Okay, yes. Hon. Walter H. Roban: —they were going to indemnify, yes. That answers your question.

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

65 words

Yes, okay. And then on page 18, clause 37(3), “Within 15 business days after the day on which the person r eceives a copy of the application from the Authority” — so is the person [the same as] the persons that are in (a) through (i) listed above? Okay. Bermuda House of Assembly Those are the only two questions I …

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

7 words

Sorry, I just had one more question.

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

65 words

Thank you. On page 18, clause 37(1), “Before making a decision . . . the Authority shall consult” the various people in (a) through [(h)]. What do you do in the event that there is not unanimity amongst these pe ople? Is there a majority that takes it? Is there . . . how do you resolve any issues where …

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

49 words

I just have two questions and they are really easy. On page 23, under clause 47 where the carr ier is required to do as little damage as possible, what are the consequences if it is determined that any action that he takes or damage is wil ful damage?

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

25 words

I do have a second question. And then on page 26 . . . did we go to [clause] 60 or did we go through—

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

6 words

So [clause] 60 is not —

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

61 words

Oh, okay, okay. So, the term of the submarine cable licence is a maximum period . . . I know cables are engineered with a maximum design or lifespan of 25 years and that beyond that they become economically obsolete. So, why would you have a renewal for 15 years beyond its economic value, and is this a one- time …

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

48 words

Just on [clause] 47, if there is wi lful damage is there a consequence to a carrier that carries out wilful damage? Hon. Walter H. Roban: Consequences for if they carry out wilful damage . . . yes, specifically, I think there are penalties on offences further down.

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

22 words

Okay. Hon. Walter H. Roban: As you see under . . . there are penalties on offences further down under [clause] 55.

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

82 words

Okay; that is fine. As long as there is a consequence. Hon. Walter H. Roban: Yes, there are penalties of offences or damage to a cable. I think we can appr eciate that it is likely to bring severe wrath from a pr ivate operator that has spent $100- plus million on a cable, they are going to want to …

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

43 words

I just have two questions. Page 27, clause 62(1), the objection to the grant of a proposed licence. Is the only recourse for somebody who feels aggrieved under [clause] 68 g oing to the Supreme Court? Is that the only . . .

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

4 words

Well, just —sorry —

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

50 words

So, on page 27, clause 62 says that if there is an objection to the opposed grant of licence . . . what is the recourse to the person who is not able to get the licence? Does [clause] 68 apply to this clause 62? Hon. Walter H. Roban: Yes.

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

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And is the Supreme Court the only recourse? Hon. Walter H. Roban: Yes.

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

13 words

Yes? Okay. And then my next ques tion is on page 29 —

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

160 words

Under clause 70(1), “there is pa yable to the person by the carrier such reasonable amount of compensation as is agreed between them or, failing agreement, as is determined by the S upreme Court.” I s it anticipated that any damages are going to be above $25,000, because would you not want to put here the Bermuda Courts as opposed …

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

42 words

Okay. Hon. Walter H. Roban: —which is, you know, som ething around a submarine cable is not a simple commercial matter. It would be much more of a complex commercial matter which is why the Supreme Court would be the appropriate court.

14 Feb 2020 House of Assembly

Official Hansard Report - House Of Assembly

9 words

Fair enough, but Bermuda Courts give you more latitude.