This Government has worked hard to strike the right balance between the understandable desire of business to operate with a minimum of regulatory control and the legitimate and proper aspirations of Bermudians to participate fully in the economy of their island home.

On the one hand, we have listened carefully to the concerns of business.  We have understood their needs to secure the right staff to enable them to compete effectively in the global market place.  And it is, of course, entirely in the interest of every Bermudian that they should be able to do so.  The Government recognises that international business is becoming critically important to the economic well-being of our people, particularly in terms of job creation.

However, the Government has an obligation to regulate business in a way that derives benefits for all Bermuda’s people.  We have heard too often how Bermudians feel left out of the Island’s prosperity. How they feel denied opportunities to train and hone their skills.  How they feel that promotion opportunities are not open to them. The new policy I am publishing today will address these concerns.  I believe that, as a result of our deliberations with stakeholders and our co-operation with the business community in developing the policy, the policy will be firmer, fairer, faster, and more flexible.

First, the system will be firmer.  A number of measures will tighten up on abuses.  For example, there will be a policy of zero tolerance for immigration offences.  Companies that are found to have abused the system will not benefit from the more expedited application process we are introducing.  In this way, our new system will encourage compliance and reward good corporate practice.

As such it will be fairer.  This is the second aspect I wish to address.  The system will be fairer for Bermudians.  Term limits, specifying a date beyond which work permits will not normally be renewed, will be introduced.  This will put an end to any tendency to automatically apply for renewals of work permits without there being a genuine interest in attracting, recruiting and training Bermudians.  Term limits mean that as a general rule work permit holders will be limited to a maximum term of six years unless they are exempt.  These exemptions are possible where companies can demonstrate that they are good corporate citizens.  Companies that are good corporate citizens are those that adhere to best practices such as:

• actively attracting, recruiting and training Bermudians and being able to demonstrate the same;
• reporting periodically on training programmes and opportunities provided by the employer for Bermudians;
• producing clear and correct advertisements;
• disclosing full information about the selection procedure including the interview process;
• submitting fully completed and accurate applications e.g. correct fee, fully completed questionnaire form, properly identified chest X-ray(s), etc;
• being free of any case of legal action in Bermuda against the company for poor industrial practices or human rights violations;

and any other activities which will serve to enhance the reputation of a good corporate citizen, such as:

• providing business plans indicating development options periodically;
• being recognised as meeting the standards set by organisations, such as Investors-in-People;
• voluntarily contributing to the development of Bermudians through such organisations as, but not limited to, the Bermuda Careers Centre, the National Training Board,  the Bermuda Insurance Institute, scholarships, programmes aimed at providing for Bermudians to gain overseas work experience, significant financial support for job-related courses and training, etc.

In this way, the Government is underpinning its commitment to the people of Bermuda with action.  Together with the business community we shall ensure that our people are equipped with the skills to take a full part in the economic life of the country.  Businesses that are good corporate citizens are joining with us in this endeavour.  Many, large and small, local and exempted companies, have already reached the “gold standard” of good corporate citizenship by embracing the approach we have set out.

The permission-in-principle available to a good corporate citizen is an example of how the system will be faster.  Once permission-in-principle is given to a company, they will have access to a faster, more streamlined process.  We shall not sacrifice quality and shall continue to carry out the necessary checks. But the faster process will remove uncertainty for business and reduce the bureaucracy involved in applying for a work permit.

Finally, the system will be more flexible.  We are conscious that term limits will not be appropriate for every position and that businesses will require continuity if they are to be viable.  We recognise that we cannot expect to fill every job from within the local labour pool.  Like other jurisdictions, we are competing to attract workers with skills that are in short supply, not just in Bermuda, but across the world.  It would be wrong if term limits led us to lose such people.   For this reason, the system will be flexible.  Term limits will not apply to positions and persons who are proven to be key to the success of a company; nor will they apply to those categories where there is a demonstrable, severe shortage, either because the scarce resources world-wide have a local impact, or there are shortages locally owing to the exceptional high demand.

As I said at the beginning of this statement, we have worked to define the right policy.  And we have consulted closely with our partners in the business community. It would be unrealistic to expect every aspect to be universally welcomed.  But I trust that the open, consultative, and collaborative approach we have taken will strengthen our working relationships with business and will continue as we move forward together.

I also spoke about the aspirations of Bermudians.  I trust too that Bermudians will see that with this policy we are working to make their aspirations a reality.

Senator, The Hon, Lt. Col. David A. Burch, O.B.E., E.D., J.P.