Gov’t launches ‘guide’ on discretionary powers

As part of the reforms coming out of the 2022 Commission of Inquiry report, government announced on Friday that it had provided public officers last month with a “policy guide” to aid them in using their discretion responsibly.

This week, the Premier’s Office acknowledged to the Beacon that the “guide” is actually a document that has already been public for several months: The Report to Guide the Proper and Lawful Exercise of Discretionary Powers, which was authored by former attorney general Baba Aziz as part of a COI recommendation.

The report received Cabinet approval on May 22, and it was made public when it was tabled last October in the House of Assembly.

On Friday, Premier Natalio “Sowande” Wheatley described the document as a step toward better governance.

“This policy guide represents a critical step forward in further ensuring that the government of the Virgin Islands operates with the utmost integrity, accountability and transparency,” Mr. Wheatley said in a press release. “Our commitment to strengthening public trust through responsible decision-making is at the heart of this initiative. By putting in place clear criteria and mechanisms for the exercise of discretionary powers, we are safeguarding the future of our territory and its people.”

Lawful and fair

The press release noted that government ministers and senior public officials are charged with ensuring that discretionary powers are exercised lawfully and fairly in accordance with the guide.

“While the powers in themselves are not a source of corruption, their abuse can lead to malpractice, corruption and a damaged public perception,” the release added.

“To mitigate these risks, senior public officials must identify the discretionary powers entrusted to their departments, ensuring appropriate control mechanisms, policies and procedures are in place.”

To facilitate the implementation of the “policy,” the Premier’s Office has developed an implementation plan that includes programmes to train public officers in the new guidelines and reporting compliance, according to government.