Legislation to secure protection of residents from pollutants was passed in the Upper House yesterday after opposition senators forced a vote.

Calls came for the Clean Air Amendment Act 2024 to be put on hold for further consultation.

Robin Tucker, the Opposition senate leader, said steps taken by the Government to modernise the clean air law were a move in the right direction, calling them long overdue in light of soot affecting residents near Belco’s power station.

However, she said legislation should not be passed that “appears not to have considered all available insights”.

She added: “People’s health and our environment are at stake.”

She said it appeared the Government was “rushing” to pass the legislation, noting the Bermuda Clean Air Coalition had raised concerns.

Ms Tucker said she believed the Government and the BCAC had the same goal, but questioned why it could not be delayed to consider an 89-page report compiled by the group with analysis from international experts, including the Earth Forward Group.

She highlighted the absence of regulations giving “teeth” to the Bill, although she noted there was no requirement for them to accompany the legislation.

She added: “Given the gravity of the Bill, it would great to know what the regulations specifically are.”

Lindsay Simmons, the Junior Minister of Home Affairs who introduced the Bill, said the Government had received the BCAC’s report after the consultation deadline on August 31.

She said the Department of Environment and Natural Resources, which contributed to the drafting of the Bill, considered all aspects of the pressure group’s submission.

Ms Simmons added that many of the points raised had already been considered.

The Senate heard that the regulations under the new law would be tabled by the Government early in 2025.

Kim Wilkerson, the Attorney-General, defended the Bill, saying its drafting took “monumental efforts” by staff at the Ministry of Justice.

She said concerted backing came from her colleagues in the Government to take the legislation before lawmakers, adding that it has been on the agenda even before she took up her post as Attorney-General.

Ms Wilkerson said residents affected by Belco’s power station were looking forward to solutions.

She said: “I understand that the Bermuda Clean Air Coalition may not have had consultation the way they would have like it.

“But it is completely incorrect to say there wasn’t any ‒ and there is always the thing to say, ‘how much is enough’.”

She supported a comment from independent senator John Wight, who noted that the Senate could have benefited from an education session ahead of the legislation.

Ms Wilkerson said she was committed to holding such awareness forums in the future.

She added that its regulations were forthcoming.

“I understand that it would be ideal to see everything in a package, but sometimes that isn’t the case,” she said.

“I want it to be said without doubt that best efforts have been taken.”

She said its drafters had worked “around the clock” to get the legislation “before Parliament in a timely manner”.

The Bill got the green light ‒ but only after the Opposition, with support from Mr Wight, first voted against the suspension of rules allowing its third reading.

The vote against suspending the rule failed, and the Act was then voted upon and passed.