CONSTITUTIONAL ADVANCEMENT DEBATED AT LEGCO

 Members of Government and members of the Opposition were given the opportunity to debate the Constitutional Commissioners Report (CCR) 2005 on Tuesday 11 October.

The Commission conducted a review of the Virgin Islands Constitution last year and major areas explored were: the duties of the Attorney General as the Chief Legal Adviser to the Government and also as Public Prosecutor, with a view to separating those duties and reposing function of Public Prosecutor in a Director of Public Prosecutions; the provision  for a clear definition of “a Belonger”, in particular persons who may be deemed to belong to the British Virgin Islands, but who may not enjoy BOTC (British Overseas Territories Citizenship) status  under the British Nationality Act 1981, with the entitlement to a passport  that such status offers; the protection of the rights and privileges of the indigenous people of the British Virgin Islands, by limiting the ability of non-indigenous persons to hold elected office; the introduction of a sixth ministerial  position in light of the increase in the size of the Government and the need to ensure greater efficiency and productivity; the need for including a human rights section  in the Constitution;  the feasibility of scaling down the reserve powers of the Governor and establishing a viable system of checks and balances to ensure continued good governance; and the existing system relating to the function of the Executive Council, and the feasibility of establishing a Cabinet System.

In his examination of the Report, Chief Minister Dr. the Hon. D. Orlando Smith said that the Constitution Review Report is a great step forward for the people of the BVI because—for the first time in Virgin Islands history - it was researched and compiled by natives only. He said that the members of the Commission have a deep love for the BVI, which was evident in the way they worked tirelessly to get the Report ready.  Dr. Smith disclosed that the first point of the Report that dealt with the duties of the Attorney General showed that people felt strongly about that issue.

The definition of who is a Belonger of the BVI was of particular concern, the Chief Minister pointed out. He said that people with BVI lineage who were born overseas should be deemed to belong. 

Dr. Smith mentioned a section which said that “the definition of “settled” in section 2(2)(a)(ii) of the Constitution be clarified and refined so as to  specifically exclude persons on contract with the Government of the Virgin Islands and any of its statutory bodies and Crown corporations.” This - the Chief Minister explained—meant that just because someone works for Government does not mean that they qualify as a Belonger. Instead he said that the person must qualify in all of the areas (years of residence etc).

Hon. Smith said that he does not think that there is a need for a sixth Minister. However, he does support the recommendation for the need for the development of a Legal Aid Scheme, that would inform people of their rights when they are arrested. In addition to that the Chief Minister pointed out that people should not be arrested and kept for longer than 48 hours.

REDUCING GOVERNOR’S POWERS

The Chief Minister, explained that he is in agreement with giving some of the Governor’s powers to other members of the Legislative Council. He said that one such area is the removal of the Public Service as a responsibility of the Governor.

Dr. Smith said that he agrees that the Royal Virgin Islands Police Force should be a shared responsibility between the Governor and Chief Minister. He said that the recommendation for a Cabinet System  of Government, and the name change of the Chief Minister to Premier were endorsed by his Government.

Opposition member, Third District Representative, Hon. Julian Fraser in his review of the CCR said that he can only agree conditionally with the Commission, especially the section that requested the removal of some of the reserve powers of the Governor. Hon. Fraser told the Legislative Council that he has no problem with the Attorney General being a member of the Mercy Committee.  He further elaborated noting that although the Attorney General does his job well, the same job could be done by a Minister of Justice. Hon Fraser opined that “representation can only come through the ballots.”

He said that a sixth Minister is needed but that does not necessarily have to be the Minister of Justice.  Mr. Fraser does not believe that having a Minister of Justice will infringe on the other branches of Government. “How is it that we are mature enough to have a Cabinet System but not a Minister of Justice.  We, as a body, have to be careful not to go before the Foreign and Commonwealth Office with half of a story. I don’t understand why it is so beneficial and prudent that the Attorney General sit in both the Executive and the Legislative Council.”

Hon Fraser read the recommendation that said that the Attorney General should be an ex-officio non-voting member of the Cabinet, and concluded that it was obvious that the public was concerned about the Attorney General being both Chief Adviser to the Government and also Public Prosecutor, and how that combination of duties would affect his fairness. The Third District Representative said that there are certain disconnecting factors in the Report that need to be connected.

FROM HOUSE TO PARLIAMENT

The Opposition member explained that the Legislative Council should be made into a Parliament, and gave an insight into the format the House will take if this change is considered.  Hon. Fraser said that the Legislative Council will be changed into two Houses ran by Government. This will produce the checks and balances that the people are expecting. He mentioned that this bi-cameral system has been implemented by the Bermuda Government.

Hon. Fraser posed questions that he thought the Foreign and Commonwealth Office might ask the Chief Minister when he goes before them. He said that he is afraid that the Report might be tossed out. Hon. Fraser disclosed that “no one should sit in Executive Council and Legislative Council unless they are an elected member, we should all stand in unity as far as this Report is concerned. The issue of having a Minister of Justice is crucial to our own development.”

BIRTH RIGHTS

When it came to the other crucial points of the Report Mr. Fraser said that he is glad that the clause in the BVI Constitution that stated that BV Islanders who swore allegiance to a foreign power could not run for elected office is to be removed from the Constitution because it isn’t fair that someone who was born outside of the BVI was allowed to contest the election while someone who was born in the BVI but because  he/she obtained a passport from another country was not allowed to do the same. He said that people should have the right to choose which country they want to become a citizen of and still remain a citizen of their birth country.

Territorial At Large Representative, Hon. Elmore Stoutt commended the Constitutional Commissioners and said that the Territory was in need of a new administrative structure, and a sixth Minister will also be helpful to take some of the burden from the other Ministers.

Education Minister, Hon. Lloyd Black said that the Report shows to the UK that the BVI is moving forward as a country. He opined that the Belonger issue is vexing and would continue to generate a lot of discussions as people will continue to ask what makes a Belonger. Mr. Black said that the review is long overdue and he recommended that the public get a copy of the Report.

Minister of Natural Resources and Labour, Hon. Eileene Parsons said that she totally disagrees with what the Report is saying about the dissolution of the Legislative Council. She said that she does not believe that when the Council is dissolved the Ministers should not work.

Fourth District Representative, Hon. Mark Vanterpool said that he also supports the idea of a sixth Minister and a Human Rights Chapter in the Constitution.

Deputy Chief Minister, Hon. Ronnie Skelton said that he thinks that there is a need for a sixth Minister, he also said that he supported the name change from Chief Minister to Premier.