Motion Disallowed: Opposition Members Stage Walk-Out

The Legislative Council meeting of Tuesday June 6th came to an abrupt end when the five Members of the opposition National Democratic Party (NDP) walked out of the House as the session neared completion at just about 10:30 p.m., in protest against an action by Speaker of the House the Honourable Reuben Vanterpool. It was certainly an anti-climax to a marathon and informative session, which began some 12 hours earlier.

At the heart of the dispute was the Speaker's decision to disallow a motion brought by Territorial-at-Large Member, Hon. Ronnie Skelton, asking the Legislative Council to appoint a Special Select Committee of five Legislators to investigate and make recommendations on how to address the root causes of the dramatic increase in the level of crime and anti-social behaviour in the British Virgin Islands. He argued that the territory has seen an escalation in domestic violence directed at women and children and if such activities are allowed to go un-checked, they will continue to have a negative and serious impact on the lives of our citizens and the territory's economic well-being.

In a presentation that lasted one hour, Hon. Skelton said this was an extremely serious resolution and its success or failure will determine the level of criminal activity in the territory, not only tomorrow, but 10/20 years down the road. He noted that criminal activity has taken root in the home, school and in the community and said it was important to take the time to either amend, enforce or implement more laws to deal with the situation. "We must stop it now! Let's look at the situation collectively and with an open mind for the good of the country." The opposition politician pointed out that over the last nine sessions, they continue to talk about the social ills plaguing the BVI. "We need to have a plan of action to correct the problem. Call it a retreat or whatever, let's sit down with the professionals and see if we can come up with solutions." He also spoke to the Hannif Study on Domestic Violence and suggested that the recommendations "need to happen". In addition, he recommended that perhaps the budget for dealing with the issue needs to be expanded and that the Women's Desk may need to be transferred to the portfolio of the only female government Minister.

The motion received the support of all five NDP Legislators present. In fact, all 12 Members in the House contributed to the debate. The other opposition MP, Hon. Ethlyn Smith, Representative for District 5, was not at the sitting. According to Leader of the Opposition Dr. the Honourable Orlando Smith, he has heard the comments of the various officials decrying the crime wave. "But merely making comments is not enough. This is why we're here today, so that we can do something about it before it consumes us all." He applauded the efforts of the Police, but insisted that Police action alone can't win this battle. He said the community has to find out the root causes and try to stomp it out. The other Members of the Opposition were equally passionate in their contribution on the motion. Said Hon. Vanterpool: "women continue to be an important influence on our lives...it is important that the community pulls together, that we recognize the problem and help the Police eliminate the rising criminal elements in our society." He suggested that the churches and civic organizations work together in moving this agenda forward.

Medical Doctor Hon. Kedrick Pickering brought a human perspective to the issue when he reminded that in his profession, he is made to see the cases of rape, child neglect and psychological and emotional neglect, in addition to violence against women. He is convinced that domestic violence has its root causes in the disintegration of the family and suggested that what we're seeing is the manifestation of a bigger problem. For his part, Chief Minister Hon. Ralph O'Neal pointed out that domestic violence has been around for a long time and recalled the first case that he is aware of that went to court in 1951. He also noted that his administration has put legislation in place to curb the problem, but he stated: "we can't legislate for attitudes. It's a change of heart that we need in our community. We have to call on our Higher Power...to work miracles in our society." The Chief Minister expressed concern about the setting up of another Committee and wondered if that would be the answer. He mentioned that the opposition should have called an informal meeting with government to "thrash it out", as bringing this up in the formal sitting subjects them to the rules of the House. In that light, he pointed out that this motion would have financial implications and as such had to have the approval of a Minister to have been moved.

GRAVE DOUBTS

"Grave doubts exist in my mind. Therefore, unless I can be satisfied that the rules are not going to be infringed in the formal sitting, I would not be able to go along. I don't want to set a precedent," he told the House. Two Members of Government, Territorial-at-Large Member Hon. Reeial George and Deputy Chief Minister and Minister for Health, Education and Welfare Hon. Eileene Parsons, who have both made public statements about the issue of crime and domestic violence, were leaning towards supporting the motion. According to Hon. George, this was indeed a new day for women al over, as finally, all 13 Members of the House have come together to discuss the problem and find a solution. "I endorse the formation of the Committee," he said during debate, "maybe this is one of the ways to help solve the crime wave." In the words of Hon. Parsons, "I think it is something whose time has come...I would not say that I am au fait with the financial aspects of this...I think here...whatever Committee it is, all you're asking is to get together and recommend...you're making recommendations on something that is affecting the very fabric of the life of this community and for us to sit in here and grand stand and look for...all the reasons why we can and cannot support it, I don't think it is fair to the women of this territory." She indicated that whatever form the motion comes in, she will support it.

After breaking the session for consultations between the Leader of Government Business and the Leader of the Opposition and between the individual sides of the House, Speaker Reuben Vanterpool said after considering both arguments and re-examining the relevant section of the Constitution, he formed the opinion that there was a strong likelihood that financial implications may be involved and based on that doubt, he had to disallow the motion. "There would be an opportunity, should Members wish, to re-visit this." Upon this announcement, the five Members of the Opposition immediately got up and walked out of the House, causing an abrupt ending to the 10th sitting of the 1st session of the 14th Legislative Council of the Virgin Islands.

In an interview with The Island Sun immediately after the walk-out, Opposition Leader Hon. Dr. Smith said he and his colleagues objected to the notion that there would be financial implications. "We expected that at least some on the government side would cooperate with us. We did do our homework and there is no reason, in our opinion, that the motion should not have gone through." Mover of the motion, Hon. Skelton was extremely disappointed. "We submitted this motion four days in advance, based on the Standing Orders and Standing Orders was quite clear if it involved any financial implications, then we were not supposed to bring this motion. The Attorney General allowed the motion...the Minister of Finance saw the motion, so at that point in time he should have stopped it." He said the women and children of the territory are being abused, yet the House is finding all kinds of reasons not to support them. Chief Minister Hon. O'Neal insisted that it was a Constitutional point. "They didn't have any approval and we decided that we would meet informally, discuss the matter and then make a provision to have some money provided and then the same mover of the motion could bring the motion again sometime later this month and then we could go ahead with it." He said this would have circumvented the constitutional requirement that the approval of the Minister of Finance was necessary, if the motion would have financial implications. "We must at all times observe the constitution...If I as Leader of Government business...see something that I think is wrong and if I allow it to go through, then I would have to take responsibility, the blame for it...the Council is a Council for rules."

EXTREME ACTION

House Speaker Hon. Vanterpool said he was surprised at such an "extreme action" by the opposition, even though he recognized that there was a stalemate on the issue. "I didn't take into consideration the government opinion. I took into consideration legal opinion and my own judgement." He admitted that when he first looked at the motion, he allowed it on the Order Paper, but after sitting with the Attorney General, he saw where there may be some financial implications involved. "I'm supposed to uphold the rules of the House and in that there was some doubt, I shouldn't be the one to be allowing a motion in the form as it was. Mark you, in principle, I supported the motion...I believe that the cause is right...and really and truly, I thought that the two sides could work it out. I know that some sort of arrangement was proposed whereby it could be worked out, but the two sides could not agree on it," Hon. Vanterpool told The Island Sun.

There was one other motion to come before the House on Tuesday. Member for the 4th District Hon. Mark Vanterpool was however expected to withdraw the motion asking for the appointment of a Special Select Committee to investigate the root causes of the electricity, water and sewerage crises.