Dr. Quincy Lettsome makes his comments at the Mass Meeting on Constitutional Review    [photo GIS/Rick Evans]

 Hot Issues discussed at Mass Meeting on Constitution 

The eight-member Constitutional Review Commission met with residents of the Territory for the final time to discuss amendments and improvements to the BVI constitution last week. This mass meeting was held on 20 January at the Sir Rupert Briercliffe Hall. The Commission is scheduled to prepare a report to be presented to the Executive Council on 15 April.

The panellists were chosen to represent a cross section of BV Islanders, since the constitutional review process is taking into consideration the hopes and aspirations of the people, while at the same time reflecting the level of development of the Territory.

Former Chief Minister Mr. Cyril Romney did not make his presentation as a panelist because he was indisposed following the accident reported last week.

 Chief Minister Dr. the Hon. D. Orlando Smith told people of the Territory that  Her Majesty’s Government advised the BVI to review its constitution because the Territory cannot go into independence unless it is prepared for it and that this  review be done with the aid of the people of the BVI.

The BVI Leader said that the economy has gone from depending on grants from Her Majesty’s Government to being financially independent. Dr. Smith explained that constitutional review is the best way to seek constitutional advancements .

Leader of the Opposition  Hon. Ralph T. O’Neal asserted that any fundamental change to the constitution of a country should be a partnered effort — it is not only a government initiative — therefore every one concerned should be present. He went on to say that the 1967 constitution is almost 40 years old and is not in keeping up with the strides of the last 20 years.

Mr. O’Neal suggested that a cabinet system consisting of six ministers, with the Chief Minister presiding and a qualified civil servant as the secretary should replace the Executive Council.

The Leader of the Opposition said that once the cabinet system has been put in place there will be no argument about the position of the Governor.

Mr. O’Neal announced that he believed that the new constitution should make provisions for the Chief Minister to have a say in the selection of the Governor.

He also called for a  new constitution that provides for 15 members - the extra two for the outer islands of Anegada and Jost Van Dyke. These two islands, Mr. O’Neal explained, have great potentials and should be represented in Parliament by their own elected members. Mr. O’Neal said that he is not satisfied that the at large candidates can do as much as a direct elected representative would  to look after the necessary areas of concern on those islands.

The seasoned politician said that it is time for the public sector to expand to include all government corporations, trusts and statutory boards.

Provisions, Mr. O’Neal pointed out, should be made for someone to take the Chief Minister’s place in case he died or disappeared. The ninth district representative cited an example of when the Turks and Caicos Chief Minister mysteriously disappeared and the problems that country faced to replace him.

He  pointed out that the time has come for a public service commission to deal with the transfer and disciplinary actions of the Royal Virgin Islands Police Force because he does not believe that one person (the Governor) should have the say of what the Force does and does not do.

Mr. Gerard StC Farara QC, Chairman of the Constitutional Review Commission, said that the Commission,  since its inception in April 2004,   went out on campaigns to educate the public about the constitution because most people have not read the document and are not familiar with it.

Commission member Mr. Elihu Rhymer  gave his views on the issue of the duties of the Attorney General. He said that the Attorney General has to have sweeping powers, therefore there is a fear that if he becomes a member of the cabinet he  will consider the other members to be his colleagues and therefore he will not function well if he is faced with the decision of having to bring judgment against them.

Former Attorney General, Deputy Governor Mrs. Dancia Penn QC,  said that the Attorney General is totally independent and works under his own guidance, but must weigh every decision before he makes his judgment.

Former Deputy Governor Elton Georges focused on the issue of a clear definition of belonger status. At present citizenship and belonger status are often mistakenly  believed to be the same thing, especially with regard to the right to a passport. The local government does not issue passports, this is done through the Governor's Office because  British citizenship is regulated under the British Nationality Act.

British Virgin islanders are British Overseas Territory Citizens (BOTC) and they have the right to a BOTC passport as well as to a British Passport.  Applications for Naturalization are filed at the Governor's Office, while applications for belonger status and residenceship are filed at the Immigration Department which is under the Chief Minister's portfolio.

  The BVI constitution clearly defines a person who is deemed to belong to the territory, but the subject has become controversial because, among other things, a child born in the BVI does not automatically become a belonger unless the parent is a BOTC national.

Mr. Georges said that these and other complex issues need to be looked at carefully.

Head of the Office of Gender Affairs Ms. Eugenia O’Neal said that “our constitution should reflect who we are as Virgin Islanders". She convincingly argued that the present constitution reads like a handbook without reference to who we are as Virgin Islanders.

During the questions and answers section Dr. Quincy Lettsome suggested that the word "belonger" be used less and the word Virgin Islander be used more.

In reality the term belonger was first used in the British Nationality Act 1981 and was thereafter used locally. "In the twenty-first-century we should no longer be guessing....who we are", Dr. Lettsome said

Members of the Commission are Chairman Mr. Gerard Stc. Farara QC,  Mr. Edison O’Neal, Mr. Vance Lewis, Mr. Audley Maduro, Mr. Carvin Malone, Mr. Stuart Donovan, Ms. Persia Stoutt and Mrs. Joanne Williams Roberts.

The constitutional review process began in April last year.

The report of the Constitutional Commissioners 1993 was presented to the British Parliament in April 1994. The document ended with a lengthy summary of recommendations: 22 for action by Her Majesty's Government and nine for action by the BVI Government. Only a small number of the 1993 recommendations were acted upon, and in February 1995 a constitutional amendment added four Territorial (at-large) seats to the House' nine district representatives. Later amendments to the constitution were approved in the year 2000, and included revisions to the definition of a person who belongs to the Virgin Islands. Further amendments dealt with the functions of the Deputy Governor, disqualifications for elected membership, and the Public Service Commission.