A.G's Chambers Host Seminar On Enforcement Powers

Efforts are underway to ensure that government employees are familiar with the laws of the land and their powers to enforce them, especially those affecting their various departments. The Attorney General's Chambers brought together twelve government departments and one statutory body - the National Parks Trust - for a two-day seminar on "Enforcement Powers" at the Prospect Reef Hotel April 26th-28th.

Under the Chief Minister's Office, the Immigration Department, Trade and Investment Promotions, Town and Country Planning and the Information and Public Relations Department were represented; under the Ministry of Health and Welfare, there were representatives from the Environmental Health Division and the Solid Waste Department; under the Ministry of Communications and Works - the Public Works and Water and Sewerage Departments; the Ministry of Natural Resources and Labour - the Agriculture and Conservation and Fisheries Departments; and in the field of law enforcement, under the Governor's Office - the Royal Virgin Islands Police Force. According to Attorney General Hon. Cherno Jallow, this seminar comes as a result of numerous requests from government departments to discuss with them, on a one-on-one basis, the relevant legislation falling within their portfolios.

"As the requests increased, we thought it would be a good idea to bring together a few departments in a seminar of this nature," he said at the opening ceremony. Hon. Jallow said it is absolutely necessary for departments to be fully aware of enactments under their portfolios, what they entail and the process involved in enacting them. "In addition to your routine administrative and technical work, one of your fundamental assignments is to implement the intent and will of the Legislative Council as embodied in the various enactments." He said in doing so, it is their paramount responsibility to constantly review the legislation to satisfy themselves that that intent and will are fully carried out. "And indeed, some of you will be fully aware that some of the legislation which fall under your jurisdiction are indeed more than a century old and that raises the question as to whether you don't need to review, in order to update them," the Attorney General stated. He pointed out that there would be areas of overlap in the implementation of various legislation, e.g. the Road Traffic Act, which spans between the Police, the A.G's Chambers and the Ministry of Communications and Works. Hon. Jallow also mentioned that there is a significant amount of environment-related legislation that falls within this particular broad scope. He suggested in this respect, the need becomes even greater for departments to coordinate their efforts.

"In particular, considering that environmental law matters span between all the Ministries and the greater need for sharing resources and expertise, the time is perhaps right for government to consider establishing a Central National Environment Agency," he declared. He said such an agency would be imbued with appropriate legislative powers to be responsible for ensuring a coordinated approach to resolving environmental problems and initiating viable and meaningful efforts to promoting environmental health and standards. Deputy Governor Mr. Elton Georges commended the Attorney General for identifying the need for this seminar and moving to do something about it. "This is long overdue," he said. Mr. Georges recalled a similar symposium focusing on enforcement of laws in the environmental field, but noted that it was difficult to say whether it had the desired effect.

He went on to say that this conference is very much in the spirit of the Public Sector Development Programme, in that the PSDP aims at sustained improvement in the delivery of public services on all fronts. "While those against whom the law is enforced may not see that as improvement, what they used to get away with, they don't get away with anymore, to the majority of law-abiding people, it is unfair that the minority who don't respect the law, who don't obey the law, have no penalty," the Deputy Governor commented. He added that this conference could also be put in context with the National Integrated Development Strategy, which remains a draft document but is still be used to inform the various plans being drawn up and the programmes being carried out. "The very first national objective in that strategy is reducing vulnerability and another one of the objectives is to promote sustainable development and good governance and competent and consistent enforcement of our laws is an important element in reducing vulnerability," the D.G stated. He said one of the tenets of good government is a respect for the rule of law. He said this means that when the Legislature passes a law and the Courts interpret it, that public servants and citizens are bound to observe it. According to Mr. Georges, if someone is breaking the law and they have been properly warned, yet they continue to do so, it is time then to enforce the law. "If we don't do that, then we are not showing respect for the rule of the law." He said we, in the Caribbean, seem to have a weakness with implementing laws. "I hope that today will be the first step, here in the BVI, to overcoming this deficiency that is all to prevalent and detracts from the regard in which the public service should be held." The Deputy Governor said he hoped there would be some continuity in this programme to ensure its effectiveness.

Chief Minister the Honourable Ralph T. O'Neal told the participants he hoped they would make full use of this seminar, in order to deliver a better service to the public of the BVI. He spoke of the recently published Citizens Charter, which outlines what the public should expect from the public service and said once the public's expectations are aroused, government workers must ensure that the public gets what they want. Hon. O'Neal noted that the only bit of legislation that gives Legislators powers is that which makes them Justices of the Peace. He stated that it is the government workers who are provided with the powers to enforce the legislation.

"The Public Health Inspector can declare a building not suitable for human habitation; I don't have that power...none of the Legislators have those powers, but yet we take the blame," he said as an example. The Chief Minister recognized that each time a law is passed, it erodes the freedom of a person and government has to be careful not to encroach too much, on people's liberty and freedom. "But a society must be governed, man must be ordered; and in doing that, it is necessary at times to have these various laws and regulations." He added that on examining the laws dealing with the environment or conservation, sometimes there is a tendency to raise the issue of BV Islanders versus Non-Belongers. But he said the rule of law should apply to "all of us". "We must be sure that we are even-handed and in making our decisions, we must always be guided by gentleness," the Chief Minister said. "You are called upon to carry out regulations and rules and in so doing, you will need all the advice that you can get and the Attorney General and his Chambers stand ready to help in every respect."