Recommendations
Constitutional Review
Establish a Constitution that will enable the people of the BVI to meet their aspirations, ensure adherence to the principles of good governance within government, and enable the progressive development of the BVI’s own political institutions.
Curtailment of Open-ended Discretion
A review of discretionary powers held by elected public officials (including Cabinet), with a view to removing the powers where they are unnecessary; or, where they are considered necessary, ensuring that they are exercised in accordance with clearly expressed and published guidelines.
Audits and Investigations
The Auditor General, together with other independent persons or bodies instructed by her to assist, initiates a review of all areas of government (including, but not restricted to those identified in this Report) and prepares a timetable for the audit of appropriate areas and reports to the Governor accordingly. The Governor is to establish one or more independent unit(s) to conduct investigations into projects and/or individuals as identified by the unit(s), taking into account the information in this Report, the audits that have been and will be conducted by the Auditor General and Internal Audit Department and, of course, information and intelligence that the unit(s) themselves gather.
CoI Act
A review of the Commissions of Inquiry Act 1880 in the light of this COI and the processes it has adopted as well as modern practices adopted in other Common Law jurisdictions, with a remit to make recommendations designed to improve the conduct of Commissions of Inquiry in the BVI.
Public Register of Interests
A system of Registration of Interests is established, that implements the requirements of the Constitution insofar as it requires the declaration and registration of interests by elected officials, gives clear guidance as to what must be disclosed and when, and has effective provisions (involving sanctions where appropriate) to require compliance. Subject only to any restrictions that are truly necessary, the register should be open to public access.
Comprehensive Register of Interests
Before the introduction of a Registration of Interests system designed to cover all persons in public life, a properly formulated and costed plan should be produced for the implementation of such a system, and a commitment made to ensure that it is, and will continue to be, funded and resourced so that the system is efficient and effective.
Extension of Register of Interests
Once the Registration of Interests system for Members of the House of Assembly has been established, evaluated and its extension costed, then consideration should be given to its extension to other public officials on an incremental basis. For example, the first tranche of public officers to be covered could be the most senior officers such as the Permanent Secretaries, the Financial Secretary and the Cabinet Secretary (or those acting in such roles); the second tranche could be members of statutory boards; and so on, until all public officers intended to be included are covered
Declaring HoA Interests
Sections 66 and 67 of the Constitution are amended to make clear the circumstances in which a person seeking election to the House of Assembly or a Member of the House who (either personally or through a dba, a partnership or company with which he or she is associated) contracts with the BVI Government needs to declare such an interest, how such a declaration should be made and the consequences of him or her not doing so.
Coverage of GoVI
Sections 66 and 67 of the Constitution are amended to make clear whether, having regard to the purpose of these provisions, the term “Government of the Virgin Islands” is intended to encompass statutory bodies whether engaged in commercial or non-commercial activity. It is the view of the COI report that they should include such statutory bodies.
Review Assistance Grants
There should be a wholesale review of the BVI welfare benefits and grants system, including House of Assembly Members’ Assistance Grants and Government Ministries’ Assistance Grants.
Transition Assistance Grants
Without prejudice to any new scheme that may take its place following the review, the House of Assembly Members’ Assistance Grants and the Government Ministries’ Assistance Grants in their current form should cease forthwith.
Allocate funds for Assistance Grants
Funds that have been allocated to such grants in the past be reallocated to the Social Development Department for distribution, on application, in accordance with its criteria for the distribution of benefits.
Public Assistance for District Projects
If and insofar as the review I have recommended concludes that there is some public benefit to having public funds allocated to local, district projects then I recommend that consideration be given to (i) having clearly expressed and published criteria by which such potential projects are assessed for public assistance; (ii) an open and transparent process for the proper recording, assessment and monitoring of projects; and (iii) assessment and monitoring being made, not by (or just by) elected public officials, but by a panel including members of the relevant district community. However, steps should also be taken to ensure that current or ongoing grants are not inappropriately interrupted by this proposed recalibration, and that recipients of grants are not unfairly prejudiced by the change of system to one that is more open and transparent. Transitional provisions may be required. Funds that have been allocated to such grants can be reallocated for distribution through such transitional provisions, before any new, more permanent system is established.
Public Assistance for Educational Grants
The proposed review may conclude that there is some public benefit to having public funds allocated to grants for educational scholarships etc
Review of House of Assembly Grants
There should be a full audit of all grants made by Members of the House of Assembly (including COVID-19 Grants: House of Assembly Members’ Grants) and/or Government Ministries/Ministers for the last three years, including applications, which have not been granted.
Audit of COVID-19 Assistance
A full audit of all four COVID-19 Assistance Programmes (i.e. the Transportation Programme, the MSME Programme, the Farmer and Fisher folk Programme and the Day-cares, Schools and Religious Organisations Programme) be performed by the Auditor General or some other independent person or body instructed by her, and a report on that audit be presented to the Governor.
Audit of COVID-19 Assistance
There should be a specific requirement for public officials to cooperate with that audit, including by producing documents and providing information promptly when requested by the audit team.
Investigation into Premier's Office obstructing Internal Audit
Appropriate BVI authorities consider whether a criminal investigation should be held into the conduct of the Premier’s Office in obstructing the Director of the Internal Audit Department in respect of her audit of the COVID-19 Assistance Programmes.
Investigation into Premier's Office obstructing Auditor General
Consideration should be given by the Governor as to whether an investigation, to be conducted by an independent person or persons, should be held into the conduct of the Premier’s Office in obstructing the Auditor General in respect of her audit of the COVID-19 Assistance Programmes.
Audit Act
Consideration be given to amending the Audit Act 2003 so as to make a failure on the part of any person to cooperate with or otherwise impede the Auditor General, without legitimate excuse, a criminal offence.
Cooperation with Auditors
Notwithstanding the availability of any potential criminal sanctions for obstructing the Director of the Internal Audit Department and the Auditor General, a failure by a public officer or any employee of a statutory board to cooperate with either auditor
Cooperation with Auditors
Notwithstanding the availability of any potential criminal sanctions for obstructing the Director of the Internal Audit Department and the Auditor General, a failure by a public officer or any employee of a statutory board to cooperate with either auditor, without reasonable excuse, should be treated as gross misconduct.
Governance and Audit of contracts
All contracts in respect of major projects (i.e. projects valued at over $100,000, even if they have been the subject of contract splitting or sequential contracts) considered by Cabinet (or, if not considered by Cabinet, considered and approved by a Minister) over the last three years should be the subject of a full audit performed by the Auditor General or some other independent person or body instructed by her, and a report on that audit presented to the Governor.
Tender Waivers
It is recommended that all government contracts other than major contracts should contain a provision that there are no associated contracts, which together would trigger the open tender process for major contracts.
Tender Waivers
It is recommended that all Cabinet Memoranda which propose a tender waiver should be provided to the Director of the Internal Audit Department in advance so that she can make observations to Cabinet as to the appropriateness of a waiver and also instigate any audit of the project that she considers fit.
Investigation of SCB Harbour Development and Neighbourhood Partnership
(i) The matter of the Sea Cow's Bay Harbour Development Project should be referred to the appropriate authorities for consideration of whether a criminal investigation and/or investigations in relation to the recovery of the public money expended should be made
Investigation of SCB Harbour Development and Neighbourhood Partnership
(ii) The matter of the Virgin Islands Neighbourhood Partnership Project should be referred to the appropriate authorities for consideration of whether a criminal investigation and/or investigations in relation to the recovery of the public money expended should be made
ESHS Perimeter and BVIAirways Investigations
(i) In respect of the Elmore Stoutt High School Perimeter Wall Project, current criminal investigations (in which there are public officials as persons of interest) should be allowed to run their course.
ESHS Perimeter and BVIAirways Investigations
(ii) In respect of the BVI Airways Project, current criminal investigations (in which there are public officials as persons of interest) should be allowed to run their course.
Audit of CSC contracts
In respect of the government contracts with Claude Skelton Cline since 2019, I recommend that, as soon as practical, a full audit of these contracts be performed by the Auditor General or some other independent person or body instructed by her, and a report on that audit be presented to the Governor.
Audit of EZ contracts
In respect of the Government contracts with EZ Shipping concerning the provision of radar barges since 2019, as soon as practical, a full audit of these contracts be performed by the Auditor General or some other independent person or body instructed by her, and a report on that audit be presented to the Governor.
Statutory Boards Review
There should be a review of all statutory boards to establish: the extent to which those boards are behind in their obligations to submit timely financial reports and audits; the extent to which those boards are applying policies intended to promote good governance such as a conflict of interest policy and a political interference policy; and the extent to which those boards follow a due diligence policy.
Establishment of Statutory Boards
There should be a review of the provisions under which statutory boards are established and maintained; and in particular, in respect of each, any powers that are exercised in respect of such boards by the executive government, with a view to identifying appropriate powers in statutory provision.
Statutory Board Statute
There should be an overriding statute that sets out the framework for all statutory boards. The results of the review would feed into such a statute. More detailed parts of the framework can be dealt with in regulations and protocols made under the proposed Act. The regulations should provide for the appointment and removal of statutory board members, published and applicable to all such boards.
Creation of Statutory Board Commission
As part of the proposed Constitutional Review, consideration should be given to establishing a Statutory Boards Commission, which would be responsible for the process of selection and revocation of statutory board membership, and monitoring the internal policies and procedures put in place by statutory boards (such as declarations of interests and conflicts of interest, at least pending overarching provisions in, e.g., the Integrity in Public Life Act 2021 and new Registration of Interests legislation) intended to strengthen good governance.
Protocol for Appointment and Removal of Statutory Board members
Pending such overarching provisions and as soon as practical, there should be a protocol for the appointment and removal of statutory board members, published and applicable to all such boards, which should be identified in the protocol itself. The protocol should be based on the principles of good governance, so that appointments and revocations of appointments are based on clearly expressed and published criteria. It should, therefore, include provision (e.g.) for advertisement of posts, appropriate application forms, appropriate checks, interviews before a panel including independent members, restricted circumstances in which the executive cannot proceed with the panel’s recommendation, and the rights to an independent appeal in appropriate cases. It should not be necessary for it to include any residual ministerial discretionary powers. Any such powers should only be maintained where necessary; and, where any such powers are maintained, then they should be subject to clearly expressed and published guidance. The Protocol should have, as a default, rolling periods of appointment, so that retirements are also on a rolling basis (even if reappointments are allowed).
Review of Statutory Board Appointments
Consideration should be given by the Governor (and any independent investigator he might appoint to consider this matter) as to whether it is necessary for any appointments to statutory boards made since 2019 to be revoked to enable appointments through a more open and transparent system to be made.
Review of process for disposal of Crown Land
There should be a wholesale review of processes for the disposal of Crown Land, to ensure that such disposals are the subject of an open and transparent process.
Audit of Disposal of Crown land
Auditor General performs full audit of all disposals of Crown Land over the last three years
Investigation of Crown land disposal
In respect of the disposal of Parcel 310 of Block 2938B, Road Town Registration Section, it is recommended that the matter be referred to the appropriate authorities for consideration of whether a criminal investigation and/or investigations in relation to the recovery of the public money expended should be made
Review of Residency and Belongership Status
There should be a review of processes for the grant of residency and belongership status, and in particular the open discretion currently held by Cabinet to make grants. Any such powers should only be maintained where necessary; and, where any such powers are maintained, then they should be subject to clearly expressed and published guidance.
Audit of Belongership Status
All applications for and grants of residency and belongership status under the Fast Track scheme be the subject of a full audit performed by the Auditor General or some other independent person or body instructed by her, and a report on that audit be presented to the Governor.
Public Service Transformation
The Public Service Transformation Programme led by the Deputy Governor should be driven forward energetically, and without delay.
Public Service Management Code
The Public Service Management Code should be finalised and put in place as soon as practical, with a view to it being incorporated into a Public Service Management Act at some early stage.
Public Service Training
The Department of Human Resources coordinates the expenditure on the training of public officers.
Review of Law Enforcement Agencies
There should be a review of the law enforcement and justice systems, to include not only the front-line agencies (such as the Royal Virgin Islands Police Force, the Financial Investigation Agency, HM Customs and the Immigration Department, insofar as the last two mentioned are involved in the law enforcement system), but also the Prison Service and the Office of the Director of Public Prosecutions.
Vetting Customs and Immigration Officers
All serving HM Customs and Immigration Department Officers at all levels of seniority should be subject to full vetting by an independent agency.
Investigate corruption in Customs
Officers appointed by the Commissioner of Police investigate possible corruption within HM Customs.
Investigate corruption in Customs
Cabinet approves joint responsibility between the relevant government agencies and the RVIPF for security of all ports, including airports, under the command of the Force until security concerns are addressed and new constitutional and legal arrangements have been considered
Facilitating fight against crime
Consideration should be given to ensuring that the Royal Virgin Islands Police Force and other enforcement agencies have the facilities and powers to prevent, monitor and detect crime, and prepare matters for prosecution.
Update Criminal Procedure Rules
Criminal Procedure Rules should be revised, to give the criminal courts modern case management powers.
Revise Jury Act
The Jury Act should be revised in two respects. First, consideration should be given to increasing the size of the pool of jurors by (e.g.) changing the criteria to enable those who are long-term residents to sit on juries. Second, consideration should be urgently given to granting the court wider powers to hear judge-only criminal trials.
Revising, Consolidating and Publishing Laws
Consideration should be given to building upon the current initiatives for revising, consolidating and publishing in readily accessible form the laws of the BVI, including early consideration for prioritising elements of this project and producing a work programme for it
Management of Complaints
The Complaints Commissioner be required to report annually to the Governor, Deputy Governor and the House of Assembly/Standing Finance Committee of the House of Assembly, setting out the extent to which there has been a response to her criticisms and recommendations.
Other Reforms, Monitoring, Supervision and Cooperation
The Government of National Unity will undertake electoral reform as a part of the reform process.
Implementation of COI recommendations (Preparatory Steps)
The Government of National Unity considers the following preparatory steps critical for the implementation of the recommendations of the COI Report.