Framework for Implementation of the COI Recommendations

Overview

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.

Background

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.

Roles and Responsibilities for Reform

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.

Governor

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.

Premier

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.

Cabinet

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 Of Government

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

HOA

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.

Framework

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:

Enhanced Monitoring
  • Submission of monthly delivery reports by each Ministry and their departments for review by the Governor and Premier and their bilateral consultation on progress.
  • Submission of quarterly updates by all statutory boards to the Premier and Governor for review.
  • Submission of written quarterly reports from all individuals leading reviews, investigations, and audits arising from the COI Report recommendations to the Governor. These will include evaluation of progress made and level of cooperation encountered.
Enhanced Supervision
  • Mandatory pre-review by the Governor of any contract worth $100,000 or more which the Government wishes to enter into before a contractual commitment is made, until further legislative amendments and constitutional changes are made in relation to public financial management.
  • Mandatory pre-review by the Governor of any intended sale or distribution of Crown Land before the transaction takes place, until further legislative amendments and constitutional changes are made in relation to the disposal of Crown Land.
Enhanced Cooperation
  • Enhanced cooperation between the Premier’s Office and Governor’s Office through the establishment of an implementation unit by the Government to support the delivery of the COI Report recommendations.
  • Monthly tripartite policy dialogue meetings between each Minister of Government, joined by the Premier, and their Permanent Secretaries, with the Governor.
  • Enhanced cooperation between the Governor, Cabinet Ministers, Attorney General and Cabinet Secretary in the preparation of Cabinet papers related to reform through the early circulation of draft Cabinet papers and pre-discussions before official submission of Cabinet Papers for Cabinet’s consideration.

Implementation of COI Report Recommendations

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:

Constitutional Review
Recommendation A2

Cabinet proposes a revised Constitutional Review committee. Final membership to be jointly agreed by the Governor and Premier.

Deadline: 30th June 2022

Constitutional Review Committee presents draft Terms of Reference to the Premier and Governor for joint sign-off. The Terms of Reference should consider, among other things:

  1. the aspirations of the people of the Virgin Islands;
  2. how the executive ministerial government can be held to account in the HOA (e.g. by some different structure, number and/or configuration of seats) and/or in other ways;
  3. whether the current constitutional pillars of governance are sufficient, and in any event how those independent institutions can be effective;
  4. the powers that need to be reserved to the Governor, and how issues as to the exercise of devolved and reserved powers respectively, when they arise, are to be resolved;
  5. a mechanism for the transfer of reserved powers to the devolved Virgin Islands’ Government in the future, without a further change to the Constitution being required;
  6. whether there should be a regime in relation to election expenses in the form of a requirement on election candidates to submit a breakdown of expenses including donations above a specific sum and/or a cap on such expenses;
  7. whether statutory boards should be embedded in the Constitution and, if so, whether there should be a Statutory Boards Commission;
  8. whether the term “Government of the Virgin Islands” is intended to encompass statutory bodies;
  9. whether the Speaker should continue to be a political appointment, or whether he or she, even if elected, should be independent of the political parties; and
  10. without prejudice to earlier legislative action, clarification of the circumstances in which persons seeking election to the House of Assembly who contract with the Government of the Virgin Islands (either personally or through a dba, a partnership or a company with which he or she is associated), need to declare an interest, how such a declaration should be made, and the consequences of him or her not doing so.

Deadline: 31st July 2022

Constitutional Review Commission presents final report to the Premier and Governor.

Deadline: 30th June 2023

Curtailment of Open-Ended Discretion
Recommendation A3
  • The Governor commissions an independent review of discretionary powers held by Ministers of Government and Cabinet, with a view to removing the powers where they are unnecessary; or, where they are considered necessary, ensuring they are exercised in accordance with clearly expressed and published guidelines. The review will be conducted by a senior Virgin Islands lawyer or retired Virgin Islands/Eastern Caribbean judge. The completed report will be presented to the Governor and Premier.

    Start date: 1st July 2022

    Completion date: 31st October 2022

  • HOA legislates in accordance with the review’s recommendations.

    Deadline: 31st December 2022

Other Reforms

The Government of National Unity will undertake electoral reform as a part of the reform process.

Electoral reform
  • HOA amends existing legislation in consideration of the recommendations of the Supervisor of Elections’ General Elections Report 2019 and the recommendations made by the Observer Mission, including those on campaign finance reform.

    Deadline: 30th September 2022

Preparatory Steps to Support Implementation

The Government of National Unity considers the following preparatory steps critical for the implementation of the recommendations of the COI Report...

Accountability

Quarterly Reviews

The Governor will conduct quarterly reviews over the course of the reform process. This will include consideration of: (i) implementation of the COI Report recommendations; (ii) the written quarterly reports from all individuals leading reviews, investigations and audits arising from the COI recommendations; (iii) other reforms enacted; and (vi) the political culture exhibited in the day-to-day running of government. The Governor will publish his quarterly reviews.

Implementation delay, failure, and rectification

A delay by any actor in meeting an implementation deadline without legitimate excuse will trigger consultations between the Governor, Premier and relevant actor(s) to assess and address the delay. A further delay without a legitimate excuse will be considered obstruction and will trigger consultations between the Governor and the UK Government.

Budget Reprioritization and Funding Reform

Budget Reprioritization

The Government of National Unity will undertake a budget reprioritisation exercise to realign the budget to support implementation of reforms for the remainder of fiscal year 2022. Budget estimates for 2023 will also ensure financial resources are available to continue reform implementation. While primary responsibility for funding lies with the Government of the Virgin Islands, requests may also be made to the UK Government for technical assistance and other resources of a specialised nature where appropriate.

Exchange of Letters

The support for, and acceptability of, the above proposal will be confirmed in an exchange of letters between Premier and Minister of Finance Dr. Hon. Natalio D. Wheatley and Minister for the Overseas Territories the Rt. Hon. Amanda Milling, MP.