Public Holidays list under review
While it is suggested that the common law holidays of Christmas and Good
Friday and the traditional New Year’s Day, Easter
Monday and Whit Monday should not be disturbed, several changes have been
recommended in the current list of BVI holidays.
The Committee was given the mandate by Executive Council to review each
of the holidays currently being observed, with a view to
making changes. There are about 12 holidays in the year, from New Year’s
Day in January to Commonwealth Day in March, the
Easter weekend in March/April, Whit Monday in June, Territory Day in July,
the Festival Days in August, St. Ursula’s Day in
October and the Christmas holidays in December. A document produced by
the BVI Public Holidays Review Committee contains background information
on each of the holidays with suggested changes to the list. The public
is being asked to review the document and make their own suggestions and
channel feedback to the Department of Information and Public Relations.
In terms of liberalization, Section 8 of the Public Holidays Act, Chapter
199, makes it an offence to keep “any bank, shop, store or
public office open in contravention of the Act”. Section 6 deals
with exceptions, which are drugstores, public markets (may be open
up to 9 o’clock in the morning and food or drink may be sold up to
that hour at any place), gas stations and garages.
Section 7 of the Act gives the Governor in Council power to publish an
Order permitting any bank, shop, store or public office to be
kept open on a public holiday, subject to conditions. The Committee agreed,
after much discussion, on a number of guiding principles for the review
and recommendations. The members determined that public holidays function
as symbols of identity, help to perpetuate valued cultural, social, historical
and religious traditions and to promote learning about such traditions.
“Public holidays are, moreover, welcome occasions for rest and recreation
for individuals and families and contribute to the quality of
life,” the document stated. “Periodic review of public holidays
is nonetheless justified by the need to retain relevance and for holidays
to reflect changing ideas on the relative significance of past events
or of particular historical personalities to the society.”
The Committee also said it recognizes that a public holiday comes at significant
net cost to the territory in economic terms, which
stems from losses in production such as wages and rent still have to be
paid. It is further recognized that in certain cases, public
holidays could affect the territory’s competitive positions vis-à-vis
other jurisdictions.
“A proper balance needs to be struck between the social benefits
of public holidays and their economic cost, with greater weight
being given to the former,” the Committee said in the document. In
terms of recommendations and conclusions, the Committee said the Commonwealth
Day holiday on the second Monday in March should no longer be a public
holiday, but continue to be appropriately observed as a significant holiday.
“Instead, a holiday in November should replace it.”
In addition, the name Territory Day should be changed to Virgin Islands
Day, which should be celebrated the first Monday in July.
This will be a day to celebrate Virgin Islands identity in the broadest
sense and also to recall the origins in 1956 of the present holiday
as the day of separation from the Leeward Islands which set the stage
for the “great leap forward” in economic and political
development of the 1960’s.
“There was a lively debate on whether the Sovereign’s Birthday
(which is a Saturday in June), should continue to be a public holiday,”
they said. Examining the pros, it was said it was traditional and the
link with the Crown is still very much cherished among older Virgin
Islanders and that it enhances participation in the Queen’s Birthday
Parade by releasing persons who might otherwise have to work.
Those against said the parade would really not be noticeably affected
by removing the public holiday status as by far, the majority of
participants and spectators do not work on Saturdays. Also, by having
it a public holiday, it increases costs for businesses that must
open and for employers in general and this could be avoided.
The holiday status (Sovereign’s Birthday) was appropriate to a time
when life was much slower and the imperial link more highly
valued by more of the population. It is also said that moves in the UK
to demystify the monarchy and stress its identification with the
common people make it appropriate to rethink this holiday. In time, a
grand parade on Virgin Islands Day (if that recommendation is
accepted), may replace the Queen’s Birthday Parade. “On balance,
the recommendation is to seek permission to discontinue the public holiday
aspect, while continuing the observance with appropriate ceremonies,”
the Committee said.
On the Festival Monday, Tuesday and Wednesday holidays, the Committee
also debated whether any changes should be made here
in the number. There was reportedly strong opposition from some quarters
to any reduction of these three holidays on the grounds
that the period has now become a settled part of Virgin Islands life and
culture and it is an appropriate interval to celebrate what is
possibly the most significant event in the islands’ history, emancipation
from slavery.
On the other hand, it was pointed out that it poses certain hardships
for businesses and individuals, especially with relation to banking.
It was also argued that a 3-day block of holidays puts the BVI at a slightly
competitive disadvantage as a modern financial centre.
There was however broad consensus that the three-holiday block should
remain. In support of this view, it was pointed out that the
financial services industry came into being and has flourished with the
three holidays in place and that industry operations have
developed ways to “work around” them.
There was also broad consensus that the name of the holidays should be changed to Emancipation Days and that the Governor in Council should use powers in Section 7 of the Act to permit banks and supermarkets to open on the Tuesday and/or Wednesday up to 1 p.m. Regarding St. Ursula’s Day, the day of the “saint” associated by tradition with the naming of the archipelago, should be replaced by a holiday to recognize fishermen, sailors and boat builders over the years, promote appreciation for our marine heritage and promote the safe use of the sea. It would be held on the third Monday in October. The BVI Public Holidays Review Committee also recommends that a new holiday should be placed on the second Monday in November, to be called Heroes’ Day. In addition to recognizing those persons concerned with the 1949 Demonstration and 1950 Restoration of the Legislative Council, many other pioneers and outstanding community servants in all fields would be remembered and honoured.
The Committee said the traditional English holiday, Boxing Day, should
be retained as a part of the Christmas Holiday package and as a day as
refreshment after parties and revelling. Suggestions are invited for a
possible change in name to Family or Togetherness Day. They said when
Christmas falls on a Friday, the Monday following should not be a holiday.
A suggestion was made for a holiday of international significance related
to the people of African descent in the BVI. Examples given were for Martin
Luther King Jr. Day, Marcus M. Garvey Day or Nelson Mandela Day. Reaction
is also invited to this suggestion. No other changes in holidays were
recommended.
On a final note, the Committee mentioned that it was not within their
terms of reference to review the sections of the Act (2,6,7,8) which deal
with
opening of banks, shops etc. “The Committee however takes the liberty
to point out that these sections are not generally enforced and that
continuation of that state of affairs is not desirable.
The Committee recommends that the Ministry for Trade and Commerce consider some measure of liberalization of the requirement that businesses be closed to allow opening of supermarkets, hotels, marinas, restaurants and similar establishments for longer hours than the present Act permits. “The Committee would caution, however, that the religious customs of a predominantly Christian territory should be respected and some restrictions on opening on Good Friday and Sundays should be retained and enforced.”
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