This proposal outlines the Government of National Unity’s proposed approach to reform in the best interest of the people of the Virgin Islands. More specifically, it sets out a framework for the implementation of the recommendations of the Commission of Inquiry Report (COI Report) under continued democratic governance, as well as other reforms. The Government of National Unity is fully committed to expeditiously implementing all of the report’s recommendations made by Rt. Hon. Sir Gary Hickinbottom, with the exception of Recommendation A1: Temporary Partial Suspension of the Constitution that would not apply under this proposal. The recommendations overall are aimed at strengthening weak areas of governance highlighted in the report. It is envisioned that the reform process will be completed over the course of two years in which the elected arms of Government, working in close cooperation with His Excellency (H.E.) the Governor Mr. John J. Rankin, CMG, would remain under enhanced monitoring and supervision by the United Kingdom (UK) while the recommendations are implemented. The actors responsible for delivering the COI Report recommendations include the Governor, Premier, Cabinet, Ministries of Government, and House of Assembly (HOA). The ultimate objectives of the reform process are to deliver justice where wrongdoing is found, engender a new culture in Government in the handling of the public’s business, and ensure the effective functioning of the Government institutions and systems that support good governance. Delivering these objectives for the people of the Virgin Islands is at the heart of this proposal and will have other meaningful benefits, such as improved infrastructure, improved delivery of public services and justice for all. These in turn will inspire greater confidence in Government’s ability to deliver for the people of the Territory.

On 4th April 2022, Sir Gary Hickinbottom submitted the completed COI Report to Governor Rankin for his consideration. Governor Rankin subsequently made the report public on 29th April 2022. It highlighted very serious problems in governance across consecutive Government Administrations and several urgent issues that must be addressed.

From 2nd – 3rd May 2022, UK Minister for the Overseas Territories (OTs) Rt. Hon. Amanda Milling, MP visited the Virgin Islands where she and Governor Rankin discussed the findings and recommendations of the COI Report with the then Acting Premier and Minister of Finance Dr. the Hon. Natalio D. Wheatley and his Special Envoy Mr. Benito Wheatley, as well as representatives of the Opposition parties in the HOA, who included the Leader of the Opposition and Representative of the Eighth District Hon. Marlon Penn (National Democratic Party), Representative of the Second District Hon. Melvin “Mitch” Turnbull (Progressive Virgin Islands Movement) and Third District Representative Hon. Julian Frazer (Progressives United); Attorney General Hon. Dawn Smith; and other stakeholders from civil society and the private sector.

In their respective meetings with the then Acting Premier and representatives of the Opposition parties, Minister Milling and Governor Rankin raised serious concerns about the governance issues identified in the report. In response, the then Acting Premier acknowledged the findings of the report, which involved the immediate past and prior Government Administrations. He expressed the urgent need for reform and a change of culture in Government to place the Territory on a new development trajectory. However, he confirmed that he did not support the implementation of the report’s recommendation to partially suspend the constitution (i.e., Recommendation A1) and was confident governance could be improved under continued democratic governance. The then Acting Premier also confirmed that he was in full agreement with the recommended audits, investigations and fundamental institutional reforms contained in the COI Report.

Notably, on 6th May 2022, the then Acting Premier moved a motion in the HOA for a vote of no confidence in the then Premier and Minister of Finance, Hon. Andrew A. Fahie. The successful vote was unanimous. Governor Rankin subsequently swore in Dr. the Hon. Natalio D. Wheatley as Premier of the Virgin Islands and Head of the Government of National Unity comprised of Members of three of the major political parties represented in the HOA. At the swearing in ceremony, Premier Wheatley pledged to lead with honesty and integrity and to champion reform. He stated that the top priority of the Government of National Unity is the implementation of the recommendations of the COI Report, except Recommendation A1. The public has welcomed the Governor’s appointment of a Government of National Unity, which provides political stability and offers the elected arms of Government an opportunity to demonstrate a change in political culture and the ability to implement the recommendations of the COI Report.

The responsibility for delivering reform will be shared by the Governor, Premier, Cabinet, Ministries of Government, and HOA as the main actors in the process. Their respective roles are described below.

The Governor, in partnership with the Premier, will be responsible for monitoring the overall implementation of the COI Report recommendations and the Government’s work programme and implementation timetable over a two-year period. The Governor will also lead implementation of the COI Report recommendations in his areas of constitutional responsibility.

The Premier will be responsible for the implementation of the recommendations of the COI Report in his areas of constitutional responsibility through engagement with the Governor and coordination of the Ministers of Government. The Premier will also ensure that all agencies and departments in these areas provide full support to the Governor in the implementation of recommendations in the Governor’s areas of constitutional responsibility. As the Leader of Government business in the HOA, the Premier will drive the legislative agenda regarding reform.

The Cabinet will be responsible for agreeing and passing policies necessary to implement reforms. The Cabinet recognises that implementation of the reforms will require prioritisation and allocation of resources, as well as legislative changes, and fully commits to using its powers to achieve this. In line with the new culture in Government, with immediate effect, the Cabinet will ensure:

• full cooperation with all audits, investigations and reviews in the COI Report recommendations;
• that immediate appropriate action is taken in response to any findings of wrongdoing or misgovernance which might emerge from the audits and investigations conducted as a result of the COI Report recommendations;
• that Cabinet and its members will express full public support for implementation of individual COI Report recommendations, and the overall reform programme;
• tender waivers are only agreed in exceptional, unavoidable cases, and which must be explained publicly;
• members of the Cabinet will not use ministerial discretion to override or circumvent agreed policies or laws;
• support for the broadest possible participation from across Virgin Islands society in the Constitutional Review process; and
• members of Cabinet are committed to using the full term of the current HOA to work on the implementation of the COI Report recommendations without proposing early elections.

Ministries will be responsible for implementing the reform policies agreed by Cabinet.

The HOA will be responsible for passing all relevant legislation necessary for delivering reforms. Members will amend the Standing Orders as required to achieve this objective.

The Government of National Unity proposes a framework for implementation of the recommendations ofthe COI Report, and other important reforms, under continued democratic governance. The framework features enhanced monitoring and supervision of the elected arms of Government by the United Kingdom, as well as enhanced cooperation between the elected arms of Government and the Governor. The elements of this framework are as follows:

The Government of National Unity is fully committed to expeditiously implementing all of the recommendations of the COI Report, with the exception of Recommendation A1: Temporary Partial Suspension of the Constitution that will not apply under this proposal. The Government proposes to implement the recommendations of the COI Report as follows: