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LOCAL NEWS

LegCo passes Five Bills

The 14th Legislative Council of the Virgin Islands approved five Bills on Tuesday to further the economic development of the BVI and the
enhancement of the lives of the territory’s children.

Chief Minister and Minister of Finance the Honourable Ralph T. O’Neal moved three of the Bills. The Mutual Funds (Amendment) Act, 2001, Social security (Amendment) Act, 2001 and the Electronic Transactions Act, 2001 all had their 2nd and 3rd readings and passed with the full support of all Members.

The Mutual Funds (Amendment) Act 2001 confers on the Minister the power to refuse to grant a Certificate of Recognition to a private or professional firm, where he determines that it is not in the interest of mutual funds investors or in the public interest. In presenting the Bill, Chief Minister O’Neal said it is government’s intention to keep this jurisdiction as clean as possible. “Secondly, the Bill would amend Section 28C of the principal Act, to make it clear that unpaid annual fees may be sued for and recovered in the Magistrate’s Court (and) thirdly, the Bill would repeal the provisions for confidentiality in Section 38 of the principal Act,” he explained.

The purpose of the Social Security (Amendment) Act, 2001 is to amend the Social Security Ordinance Cap. 266, to make provisions for more time for the submission of annual reports of the Board to the Minister. At present, annual reports have to be submitted by 31st March in each year, three months after the close of the financial year. “In practice, this has proved to be too short a time for the annual audit to be concluded,” Chief Minister O’Neal explained. The Bill successfully sought to extend the deadline to 30th June.

The Electronic Transactions Act, 2001 is a new Bill. It came as a result of the findings of a bi-partisan committee, set up with a mandate to produce a report in a year. The committee’s report, submitted March 29th, will shortly be taken to Executive Council, thereafter laid on the Table of the Legislative Council and made public. The Bill facilitates the use of electronic technology by removing any uncertainty as to the legal effects of information in the electronic form or communicated by electronic means and as to the time and place of dispatch and receipt of electronic communications. “I remember the Territorial Member At Large Mr. Skelton saying that e-commerce could well become the third or fourth pillar in the economy of these islands and we will set about to do that,” Chief Minister O’Neal said Tuesday. He said one way is to create the legislative climate for persons interested in e-commerce. The Chairman of the Committee was Deputy Chief Minister and Minister for Communications and Works Hon. Alvin Christopher. “I think the Bill is a long awaited one and I think most Members here are eager to see us go down this path of electronic transactions.” Minister Christopher moved to dispel the fear among some members of the community about the concept of doing business by electronic means. He said the Bill allows for certain protective means, for example, that the Legislative Council still has the power to overturn any regulation they deem inappropriate.

At Large Member Hon. Ronnie Skelton was also a member. He reaffirmed his support for this initiative and urged Members to be cognizant that there are “a lot of other things that need to play in concert with this Bill; it calls for our human resources, our own marketing, the telecommunications infrastructure, which is probably one of the most important infrastructure to make e-commerce work in this country.”
Hon. Skelton said he has no doubt that involving competition in telecommunications in the BVI would cause any harm to incumbent or new players. He said the market is ripe…service will be the name of the game.

Minister for Health and Welfare Hon. Ethlyn Smith successfully moved the 2nd and 3rd readings of the fourth Bill - the Juvenile (Amendment) Act, 2001. She told the House the Bill makes it a duty for health care professionals and members of the immediate family of the juvenile to report to the police any suspected case of the abuse of a juvenile. “The failure of any of these persons to report to the police will constitute a criminal offence punishable by three years imprisonment or a fine not exceeding $6,000,” the Minister revealed. Another amendment will augment the maximum period during which a juvenile will remain in a place of safety from a maximum period of 60 days to either 12 or 24 months. The Bill also enhances some of the penalties.

Member for the 7th District Dr. the Hon. Kedrick Pickering had some issues. He said he was disappointed firstly that the Minister did not say why this legislation was necessary at this time and place it in the context of today’s society. “The first thing that strikes me about this amendment is the whole question of help versus hurt,” according to the Legislator. He supports the view that health professionals should, long time ago, have a responsibility to ensure the protection of juveniles. However, while he agreed to the need to protect and punish, he argued that there is also the need to establish places of safety for proper care. Dr. Pickering pondered the role of the police in this whole system. “From where I sit, to my mind, referring these cases direct to the police could be more dangerous than helpful.” He said the subject of abuse and the way it is dealt with is equally important because of the danger involved, from a long-term perspective, where someone is wrongfully accused. He suggested that the onus should be on the social worker who is so trained to do the necessary investigation, before the case is referred to the law enforcement officer.

Attorney General Hon. Cherno Jallow moved the 2nd and 3rd readings of the Bill entitled Adoption of Children (Amendment) Act, 2001. He said this would remove the prohibition against the adoption of children who are not British subjects. He explained that the Constitution and the Immigration and Passport Acts have removed that reference and it is therefore no longer a relevant consideration. “It is merely designed to bring this law into line with those pieces of legislation.”

Tuesday’s sitting also saw the introduction and 1st reading of a Bill entitled “Slaughter Houses Act, 2001”, by the Minister of Natural Resources and Labour. The Chief Minister and Minister also laid two documents on the Table: SI 2001 Social Security (Self-Employed Persons) (Amendment) Regulations 2001 and SI 2001 Social security (Employment Injury) (Amendment) Regulations, 2001. Students of Class 3 of the Willard Wheatley Primary School attended the morning session.

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			LOCAL NEWS

			LegCo passes Five Bills The 14th Legislative Council of the Virgin Islands approved five Bills on Tuesday to further the economic development of the BVI and the enhancement of the lives of the territory’s children. Chief Minister and Minister of Finance the Honourable Ralph T. O’Neal moved three of the Bills. The Mutual Funds (Amendment) Act, 2001, Social security (Amendment) Act, 2001 and the Electronic Transactions Act, 2001 all had their 2nd and 3rd readings and passed with the full support of all Members. The Mutual Funds (Amendment) Act 2001 confers on the Minister the power to refuse to grant a Certificate of Recognition to a private or professional firm, where he determines that it is not in the interest of mutual funds investors or in the public interest. In presenting the Bill, Chief Minister O’Neal said it is government’s intention to keep this jurisdiction as clean as possible. “Secondly, the Bill would amend Section 28C of the principal Act, to make it clear that unpaid annual fees may be sued for and recovered in the Magistrate’s Court (and) thirdly, the Bill would repeal the provisions for confidentiality in Section 38 of the principal Act,” he explained. The purpose of the Social Security (Amendment) Act, 2001 is to amend the Social Security Ordinance Cap. 266, to make provisions for more time for the submission of annual reports of the Board to the Minister. At present, annual reports have to be submitted by 31st March in each year, three months after the close of the financial year. “In practice, this has proved to be too short a time for the annual audit to be concluded,” Chief Minister O’Neal explained. The Bill successfully sought to extend the deadline to 30th June. The Electronic Transactions Act, 2001 is a new Bill. It came as a result of the findings of a bi-partisan committee, set up with a mandate to produce a report in a year. The committee’s report, submitted March 29th, will shortly be taken to Executive Council, thereafter laid on the Table of the Legislative Council and made public. The Bill facilitates the use of electronic technology by removing any uncertainty as to the legal effects of information in the electronic form or communicated by electronic means and as to the time and place of dispatch and receipt of electronic communications. “I remember the Territorial Member At Large Mr. Skelton saying that e-commerce could well become the third or fourth pillar in the economy of these islands and we will set about to do that,” Chief Minister O’Neal said Tuesday. He said one way is to create the legislative climate for persons interested in e-commerce. The Chairman of the Committee was Deputy Chief Minister and Minister for Communications and Works Hon. Alvin Christopher. “I think the Bill is a long awaited one and I think most Members here are eager to see us go down this path of electronic transactions.” Minister Christopher moved to dispel the fear among some members of the community about the concept of doing business by electronic means. He said the Bill allows for certain protective means, for example, that the Legislative Council still has the power to overturn any regulation they deem inappropriate. At Large Member Hon. Ronnie Skelton was also a member. He reaffirmed his support for this initiative and urged Members to be cognizant that there are “a lot of other things that need to play in concert with this Bill; it calls for our human resources, our own marketing, the telecommunications infrastructure, which is probably one of the most important infrastructure to make e-commerce work in this country.” Hon. Skelton said he has no doubt that involving competition in telecommunications in the BVI would cause any harm to incumbent or new players. He said the market is ripe…service will be the name of the game. Minister for Health and Welfare Hon. Ethlyn Smith successfully moved the 2nd and 3rd readings of the fourth Bill - the Juvenile (Amendment) Act, 2001. She told the House the Bill makes it a duty for health care professionals and members of the immediate family of the juvenile to report to the police any suspected case of the abuse of a juvenile. “The failure of any of these persons to report to the police will constitute a criminal offence punishable by three years imprisonment or a fine not exceeding $6,000,” the Minister revealed. Another amendment will augment the maximum period during which a juvenile will remain in a place of safety from a maximum period of 60 days to either 12 or 24 months. The Bill also enhances some of the penalties. Member for the 7th District Dr. the Hon. Kedrick Pickering had some issues. He said he was disappointed firstly that the Minister did not say why this legislation was necessary at this time and place it in the context of today’s society. “The first thing that strikes me about this amendment is the whole question of help versus hurt,” according to the Legislator. He supports the view that health professionals should, long time ago, have a responsibility to ensure the protection of juveniles. However, while he agreed to the need to protect and punish, he argued that there is also the need to establish places of safety for proper care. Dr. Pickering pondered the role of the police in this whole system. “From where I sit, to my mind, referring these cases direct to the police could be more dangerous than helpful.” He said the subject of abuse and the way it is dealt with is equally important because of the danger involved, from a long-term perspective, where someone is wrongfully accused. He suggested that the onus should be on the social worker who is so trained to do the necessary investigation, before the case is referred to the law enforcement officer. Attorney General Hon. Cherno Jallow moved the 2nd and 3rd readings of the Bill entitled Adoption of Children (Amendment) Act, 2001. He said this would remove the prohibition against the adoption of children who are not British subjects. He explained that the Constitution and the Immigration and Passport Acts have removed that reference and it is therefore no longer a relevant consideration. “It is merely designed to bring this law into line with those pieces of legislation.” Tuesday’s sitting also saw the introduction and 1st reading of a Bill entitled “Slaughter Houses Act, 2001”, by the Minister of Natural Resources and Labour. The Chief Minister and Minister also laid two documents on the Table: SI 2001 Social Security (Self-Employed Persons) (Amendment) Regulations 2001 and SI 2001 Social security (Employment Injury) (Amendment) Regulations, 2001. Students of Class 3 of the Willard Wheatley Primary School attended the morning session.
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