COI reforms off gov’t desk, premier says

After the House of Assembly passed the last of five bills to reform statutory bodies last Thursday, Premier Dr. Natalio “Sowande” Wheatley boasted this week that his government has completed its part of the Commission of Inquiry recommendations that have been in the works for more than two years.

“My government places immense value on the reforms coming out of the COI,” Dr. Wheatley said during a press conference on Monday. “We have been unwavering in our commitment and steadfast in implementing its recommendations under our democratic process. We see it as the most comprehensive and robust governance reform in the history of the Virgin Islands.”

However, he acknowledged that much more work is needed to ensure the reforms are implemented and take root as planned. Governor Daniel Pruce, for instance, must still assent to several bills passed recently by the HOA, the premier said.

“Quite a majority of the legislation is only being either recently assented to or we’re still awaiting assent for these pieces of legislation,” he added.

The bills currently with Mr. Pruce for assent are the Immigration and Passport (Amendment) Act, 2024; the VI Inquiries Bill, 2024; the Register of Interests (Amendment) Bill, 2024; the Service Commissions (Amendment) Bill, 2024; the Public Service Management Bill, 2024; and the Integrity in Public Life (Amendment) Bill, 2024, according to the Governor’s Office.

“The Governor is reviewing these bills to ensure that he can assent,” the office told the Beacon, adding that the governor recently assented to other bills on public assistance and crown land.

Soon to be added to his list are the five statutory-body reforms the HOA passed over the past two weeks, Dr. Wheatley said Monday, but he noted that the Governor’s Office had not yet received them.

The office explained that bills amended during HOA committee sessions have to be returned to the Attorney General Chambers to be prepared before they are sent to the governor for assent.

“This process can take time,” the office told the Beacon.

Dr. Wheatley emphasised Monday that the Constitution includes “very strict criteria for denying assent to legislation” and said the governor “should assent” unless these criteria are met.

He also listed other work needed before the COI reform plan can be fully implemented.

“There are recommendations that require constitutional amendment, as well as action on the part of the judiciary,” he said in his opening statement during the Monday press conference. “And we must pass regulations for vetting which can withstand constitutional scrutiny. We must also turn our attention to proper implementation of policies, processes and legislation passed.”

Some of this work is already under way, he added.

“We have already set out the structure and process for executing our medium-to-long-term governance reform plan, which includes a comprehensive education and awareness programme for public officers and the wider public, as well as a monitoring and evaluation function to ensure reforms are fully relevant, understood, applied and institutionalised,” Dr. Wheatley said.

Order in council

Despite the progress, the premier acknowledged that the United Kingdom has not lifted the order in council that allows it to temporarily implement direct rule if the COI reforms are not completed as planned.

Asked Monday if there is anything left to prevent the UK from removing the threat, he said, “Well, we’ve done our part.”

He continued, “I think from the UK perspective, they’re looking at the bills when they receive assent. You know, they’re looking at all the way to assent. So all the bills haven’t been assented to.”

He added that he hopes they will receive assent by the time UK Overseas Territories Minister Stephen Doughty visits the territory in November to review the COI progress. Meanwhile, he said, he has continued pushing the UK to remove the order in council as soon as possible.

“Whenever I have the opportunity, I advocate for its removal, because I believe it’s not necessary,” he said. “I believe it’s unjust, and I believe it should be removed.”

Asked if the governor is “holding up the process,” Dr. Wheatley replied, “I think [Mr. Pruce] would say he’s going through his process: you know, being diligent; not seeking to make any mistakes.”

The premier added that he hopes assent will come soon.

“We all need to make sure that we go as quickly as possible,” he said, adding, “We’re past our deadlines, and we need the work to be completed. So I know that [the governor] is going about his work as quickly as possible.”

BVIHSA law

By Dr. Wheatley’s account, the final piece of the government’s COI reforms came last Thursday when the HOA passed the fifth and final law related to statutory bodies: the BVI Health Services Authority (Amendment) Bill, 2024.

Two days earlier, Health and Social Development Minister Vincent Wheatley read the objects and reasons for the proposed law.

“While the bill amends various sections of the BVI Health Services Authority Act of 2004, it also addresses significant areas, such as updating the definitions used throughout the legislation and removing outdated provisions where applicable,” Mr. Wheatley said. “Two, ensuring accountability through aligning the management structure with best practices in order to ensure that a hospital remains in a state of readiness to continuously achieve its accreditation status.”

The new version of the bill, which passed with amendments and awaits assent from the governor, has yet to be Gazetted.

That bill and the four passed earlier are part of broader reforms in the works for statutory bodies, many of which the COI alleged had been operating with minimal accountability under heavy political interference.

The proposed laws outline procedures for appointing and removing board members and require the boards to follow financial governance guidelines when keeping accounts and records, among other measures.