No legislators debated the motion to exempt Fourth District Representative and Opposition Member, Honourable Mark H. Vanterpool from vacating his seat as an elected member of the House of Assembly (HoA) for entering into a contract with Government in a land transfer deal. Photo: VINO/File

When Legislators in the Virgin Islands return to the House of Assembly (HoA) on September 22, 2020, for the Fourteenth Sitting of the Second Session of the Fourth House of Assembly (HoA), two Motions will be brought for the Fourth District Representative and Opposition Member, Honourable Mark H. Vanterpool to be exempted from vacating his seat in the HoA for entering into a contract with Government. Photo: Facebook/File

The House of Assembly (HoA) meeting slated for the Save the Seed Energy Centre in Duff’s Bottom on September 22, 2020, is slated to start at 10:00am. Photo: VINO/File

The two motions concerning Hon Mark H. Vanterpool (R4) will be brought by Premier and Minister of Finance Hon Andrew A. Fahie (R1). Photo: VINO/File

It should be noted that the former controversial Minister of Education Myron V. Walwyn was accused in 2015 of failing to follow this procedure as required by the VI Constitution when it was evidenced that at least two of his companies were benefitting from Government contracts. Photo: VINO/File

During the Fourteenth Sitting of the Second Session of the Fourth House of Assembly (HoA) held yesterday, September 22, 2020, the mover of the Motion, Premier and Minister for Finance Honourable Andrew A. Fahie (R1), said the matter was a simple one.

“It's just that the member purchased land and part of it had a lease on it from the government with the reclamation. So it’s rather simple, it has my approval. We have gone through all the nuances of what this means in the law and why it has to be done and, Mr Speaker, it meets my approval,” Premier Fahie said.

Meanwhile, Deputy Premier and Minister for Education, Culture, Youth Affairs, Fisheries and Agriculture, Dr the Honourable Natalio D. Wheatley (R7), who seconded the motion, remarked: “I support it wholeheartedly.”

See previous article published September 21, 2020

2 Motions to exempt Hon Vanterpool from vacating HoA seat on Order Paper

- following his company’s contract with Gov’t & transfer of Gov’t land lease

When Legislators in the Virgin Islands return to the House of Assembly (HoA) on September 22, 2020, for the Fourteenth Sitting of the Second Session of the Fourth House of Assembly (HoA), two Motions will be brought for the Fourth District Representative and Opposition Member, Honourable Mark H. Vanterpool to be exempted from vacating his seat as an elected member of the HoA for entering into a contract with Government.

Contract with Gov’t

Section 67(3)(e) of the Virgin Islands Constitution Order, 2007 (U.K.S.I. 2007 No. 1678) provides that subject to subsection (7), an elected member of the House of Assembly shall vacate his or her seat if the member becomes a party to a contract with the Government of the Virgin Islands for or on account of the public service, or if any firm in which the member is or becomes a partner, or a company of which the member is or becomes a director or manager becomes a party to a contract with the Government of the Virgin Islands.

Section 67(7) provides that if in the circumstances it appears just to do so, the House of Assembly may exempt an elected member from vacating his or her seat under subsection (3)(e) if the member, before or as soon as practicable after becoming interested in a contract with the Government of the Virgin Islands by virtue of being a director or manager in a company which has a contract with the Government, discloses to the House of Assembly the nature of the contract and his or her interest in the company involved in the contract.

According to the Order Paper released today, September 21, 2020, Honourable Mark H. Vanterpool is a Director of KMark’s Foods (1996) Limited trading as Onemart, whose registered office is situated in Road Town Registration Section Block 3038B Parcel 84/1 & 83/1 and, which company provides the sale of general food, furniture, appliances and household items services in the Territory.

Gov't made offer to KMark's Foods

It said KMark’s Foods has been providing services for the sale of general food, furniture, appliances and household items to all government ministries and departments and the residence and Office of the Governor.

It further said the Government of the Virgin Islands, through the Ministry of Health and Social Development, made an offer to the Company by letter dated April 22, 2020, and subsequently entered into a contract with the Company on July 21, 2020, to provide food packages and sanitary supplies in the amount of $869,773.34 dollars to assist the Virgin Islands population during the COVID-19 pandemic.

According to the Order Paper, from the month of March 2020 to May 2020, KMark’s Foods provided the said food packages and sanitary supplies to the Government of the Virgin Islands.

“WHEREAS by virtue of being a Director of K-Mark’s Foods (1996) Limited trading as Onemart the Honourable Member has an interest in the offer made and the subsequent contract with the Company as aforesaid;

“WHEREAS this Resolution discloses to the House of Assembly the offer made and the contract signed with the Government of the Virgin Islands and the interest of the Honourable member in the offer and contract by virtue of being a Director of the Company and his company’s desire to continue to provide these services; WHEREAS this Resolution is a request by the Honourable member to the House of Assembly to exempt the Honourable member from vacating the House of Assembly; AND WHEREAS the Honourable ANDREW A. FAHIE, the Premier and Minister of Finance has by motion moved the House of Assembly to exempt the Honourable Mark Vanterpool, MHA from vacating his seat as an elected member of the House of Assembly; NOW THEREFORE, BE IT RESOLVED that the House of Assembly of the Virgin Islands exempts the Honourable Mark Vanterpool, MHA from vacating his seat as an elected member of the House of Assembly,” the Motion in the Order Paper stated.

Gov’t land lease transfer

Meanwhile, a second Motion concerning Hon Vanterpool will be brought by Premier Fahie, this time pertaining to a Government land lease transfer.

According to the resolution, Hon Vanterpool is a Director in the company known as Shoreside Development (BVI) Ltd, whose registered office is situated in Mount Sage Registration Section, Block 2534BB Parcel 218/1, Pockwood Pond.

“WHEREAS the company has received a transfer of government lease number 152/2017 for 0.125 acres from Patricia M. Romney, Personal Representative of the Estate of Lillian A Romney deceased for 46 years representing the balance of a 50 year lease previously granted to the Estate of Lillian A Romney,” the Motion stated.

The HoA meeting slated for the Save the Seed Energy Centre in Duff’s Bottom on September 22, 2020, is slated to start at 10:00am and will be carried live on CBN Radio 90.9 FM, CBN-Television Channel 101 on Flow TV and can also be followed on the HoA YoutTube channel and online at www.cbnvirginislands.com.

Not every HoA member has respected VI Constitution

It has been a policy for the Virgin Islands Party (VIP) Government to disclose the nature of contracts with Government or being a party to anything that may require them to vacate their seat as an elected member of the HoA.

It should be noted that the former controversial Minister of Education Myron V. Walwyn was accused in 2015 of failing to follow this procedure as required by the VI Constitution when it was evidenced that at least two of his companies were benefitting from Government contracts.

The now ousted National Democratic Party (NDP) Government made no attempt to address the disregard of the VI Constitution and Mr Walwyn never vacated his seat, amidst calls for him to respect the law of the land.

He, along with the NDP, was; however, given the boot by voters in the February 25, 2019 elections.