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Inaccurate information to blame – Simons

Cole Simons, the Acting Minister of Home Affairs (File photograph)

Inconsistencies in the Reverend Nicholas Tweed’s work permit application surrounded his name and marital status, Cole Simons claimed yesterday.

Flanked by fellow One Bermuda Alliance MPs, the Acting Minister of Home Affairs maintained the decision to refuse the work permit was the right one, citing the lack of advertising of the post. Asked about the statement by Chris Furbert that the America’s Cup would be in jeopardy if the Government does not reverse this decision and move away from the airport redevelopment plan, Mr Simons said the remarks were concerning.

“Obviously, that is not something that we wanted to hear,” he said. “The community is very, very concerned about that. Hopefully, we can arrive at some resolution to ensure things do not progress to that level, where the America’s Cup and our economic stability are compromised.”

In the press conference held in response to a statement by the St Paul AME Church yesterday, Mr Simons emphasised that the two factors behind Patricia Gordon-Pamplin’s decision to uphold the denial of the work permit were the failure to advertise the post and the failure of the applicant to provide accurate and complete information.

“The Church said the minister’s reference to the reverend’s incomplete 2013 application was ‘irrelevant’,” he said. “But its relevance lies in its relationship to the 2016 application and other documents that, taken together, revealed inconsistent, inaccurate information about the reverend’s marital status and name. “The work permit system, which exists to protect Bermudian employment opportunities, cannot work if people applying to work here do not provide complete and accurate information.”

While the Church said it has no mechanism to advertise pastorates, Mr Simons responded: “When it comes to Bermuda, all are subject to the Bermuda Immigration and Protection Act.

“All other churches and faith groups in Bermuda have accepted this policy, which is designed to make sure everyone is treated equally. We cannot have one rule for all churches and one rule for Mr Genevieve-Tweed.

“External recruitment policies of private entities cannot dictate Bermuda’s immigration policy, which exists to protect Bermudian opportunities in the workplace. Otherwise, there is no point to having a work permit policy.”

While the Church said it requested a waiver after being instructed to advertise, Mr Simons said Mr Tweed did not meet the necessary criteria.

He stated that policies only allow a waiver if:

• The person is uniquely qualified for the position

• The position would not exist in Bermuda if it were not for the applicant filling the job

• The success of the business would be detrimentally affected if the persons were to leave the business — detrimentally affected means that jobs of Bermudians, spouses of Bermudians or permanent resident’s certificate holders would be put at risk

• The employee is integral and key to income generation for the business by brokering deals or attracting/retaining clients or funds

Mr Simons also said that time and opportunities were given to the Church and to Mr Tweed to correct the situation, but the matters were not resolved.

“Given the sensitive nature of this matter, the minister allowed the applicant time to make his case,” he said. “From the moment the applicant filed late for work permit renewal in July 2016, the minister gave Mr Genevieve-Tweed special authorisation to continue working while the application was reviewed. She did so again in October while his appeal was being considered.

“The Church complained that Reverend Genevieve-Tweed’s application ‘should have been handled’ as a standard renewal. That might have been the case if the application had been accurate and complete, submitted on time, with questions answered and fees paid, and with the position advertised as required. When the rules put in place for everyone are not followed, then applications become anything but standard.”

Mr Simons also noted the AME Church’s Articles of Faith, which describe the Church as a Christian body that “presumes the duty, loyalty and patriotism of our constituents, as citizens of sovereign nations, to obey just laws, to recognise and respect the organisational structure, and to uphold the Constitution of the country or nation state in which our members hold the rights and privileges of citizenship”.

He added that the Government would be happy to work with the presiding elder of the Bermuda Conference of the AME Church, the Reverend Betty Furbert-Woolridge, if she has any issues that need further clarification.

He added that other points mentioned in the AME statement will be addressed once the immigration department’s technical officers have completed a review.

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