Reviewed constitution should address power of Governor to access public funds- Premier
Speaking on Tuesday, July 28, 2020, during the House of Assembly (HoA) at the Save the Seed Energy Centre in Duff's Bottom, Tortola, the Premier said that loophole needs addressing.
He pointed out that history was created by former Governor John S. Duncan when he invoked his constitutional powers under Section 103 to command Government to give some $1.88 million to the Royal Virgin Islands Police Force and the legal services on March 16, 2017.
“Many members spoke about that, but that in itself is a reprobate step in our constitutional advancement. History does not repeat itself, people repeat history, and therefore we must be alert so that history does not repeat itself where and when it should not,” he said.
He said currently, there is a section that allows Governor, to access funds to deal with the departments under him where he thinks need more money.
Is it fair?
“Is it right and fair to allow anyone to override the management of the territory’s finances by the minister charged with that responsibility. Is that right? How can two people be in charge of the same checkbook and spending out of the same check book at the same time? Nine out of ten times you are going to have an overdraft, and when the overdraft comes, it is the responsibility of the minister for finance. We see the paradox in this?”
Premier said, however, his advocate for change in that regard does not mean that he is against ‘anybody.’
“There are people who think they could intimidate you because they have power in the constitution. I am going to respect anybody in the post of Governor, but I am not going to be sitting down there and let them disrespect me because there is a constitution that is giving them power. That has to be reviewed,” he added.
Motion for Constitutional Review
Through the motion the government is seeking for the House to approve the establishment of and the composition of the Constitutional Review Commission for the purpose of conducting a full review of the Virgin Islands Constitution Order, 2007 (U.K.S.I. No. 1678 of 2007).
The motion also stated that Cabinet has agreed, subject to the approval of the House of Assembly of the Virgin Islands for the establishment of a Constitutional Review Commission comprising nine (11) members: a Chairperson, Deputy Chairperson and six (6) other members to be nominated by the Premier and two (3) members to be nominated by Her Majesty’s Loyal Opposition and appointed by the Cabinet, for the purpose of conducting a full review of the Virgin Islands Constitution Order, 2007 (U.K.S.I 2007 1678).
According to the motion, it was agreed between the United Kingdom Government and the Government of the Virgin Islands that the said Constitution may be reviewed after 10 years after the date of which it came into force.
The motion also states that Cabinet has agreed, subject to the approval of the House of Assembly of the Virgin Islands for the establishment of a Constitutional Review Commission comprising nine members: a Chairperson, Deputy Chairperson and five other members to be nominated by the Premier and two members to be nominated by Her Majesty’s Loyal Opposition and appointed by the Cabinet, for the purpose of conducting a full review of the Virgin Islands Constitution Order, 2007 (U.K.S.I 2007 1678).
The motion also contains information on the composition of the Commission which states: ‘the overall composition of the Commission should cover the main Islands of the Virgin Islands collectively and include persons drawn from the legal fraternity, academia, business, communications/public relations, and other areas of civil society’.
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9 Responses to “Reviewed constitution should address power of Governor to access public funds- Premier”
The HOA authorizes funding and appropriates budgetary expenditures. And the overriding action by former Governor John Duncan was a pimp slap to face of former Premier Dr. D. Orlando Smith, MoF. It was an insulting and devastating body blow to the gut that says on paper you got apparent power but the crown has the true power. Furthermore, the UK should be bearing the cost for its territorial rep, eg, housing, transportation, utilities, telecommunications, health......etc.
Moreover, the reserved powers of the governor needs to be reduced. Further, the governor should not be part of the Cabinet. And in the constitutional review, the VI should vigorously pursue more autonomy, eg, civil service......etc.