Member for the Eighth District in the House of Assembly (HoA) Honourable Marlon A. Penn is of the view that while there's need for the Territory to adhere to fulfilling international maritime obligations, legislators must also strike a balance between safeguarding the rights, interests, and livelihoods of Virgin Islanders. Photo: YouTube

The Merchant Shipping (Amendment) Bill 2025, was passed in the House of Assembly on March 31, 2025. Photo: Virgin Islands Shipping Registry

Hon Penn was at the time—March 31, 2025—giving his contribution to the debate on the Merchant Shipping (Amendment) Bill 2025, during the Continuation of the Third Sitting of the Second Session of the Fifth House of Assembly.

While he welcomed many of the amendments, Hon Penn did seek to elucidate “serious concern” about the implementation, enforcement, and potential unintended consequences of the proposed legal changes before urging careful consideration during the Committee stage to ensure that, “we do not infringe on the civil liberties… of individuals operating within the space.”

One of Hon Penn's central grievances focused on the expanded enforcement powers granted under the bill.
As it relates to the power of enforcement and the power of the authority, he insisted this is the police, but “when you read the provision, it doesn't seem so. It seems that it applies to maritime policing in general… So that means it impacts our local boaters as well.”

Recounting incidents of overreach, he told colleagues, “We’ve heard all kinds of stories of persons boarding individuals' boats without due process, without due cause… a boat was seized and it cost the territory some half a million plus dollars because due process wasn't adhered to.”

Enforcement Capacity & Category 1 Certification

The Eighth District Representative used his time to also query whether the Territory is adequately equipped to meet international obligations, particularly following a failed audit, which cited deficiencies in legal adherence to six international maritime conventions.

“I asked the managing director if he indeed believes that his team has the ability now to implement it. He said yes and I’m hoping that indeed is yes.”

Linking the issue directly to the broader goal of regaining coveted Category 1 status for the BVI Shipping Registry—a classification essential to expanding the Territory’s global maritime competitiveness, he posits, “Once we’ve done our part… then we can ensure that they have the tools to fly and do what they need to do to bring in the revenue.”

Legal Entrustment & Treaty Consistency

Another key issue raised by the member was the need to confirm that the Territory retains sufficient legal entrustment to manage international maritime affairs, as it currently does in financial services.

He also warned against possible inconsistencies with existing international agreements, reminding the House, “There is a memorandum of understanding between the United States of America and the United Kingdom (and) I don’t see anything in this particular amendment or in the act that speaks to this.”

Environmental Protection & Local Maritime Industry

On the matter of environmental compliance, Hon Penn welcomed international conventions aimed at protecting marine ecosystems from pollution.

“We have a large boating community (and) most of those boats are not registered in BVI. We have to ensure that they adhere to (conventions), and we have not put the framework for them.”

Recalling a past environmental disaster where a yacht spilled hazardous material into the sea, Hon Penn reminded, “It cost us a tremendous amount of money; We had to eventually cough up the money to get those pellets retrieved.”

With this in mind, Hon Penn was adamant that the VI must be proactive “because no one comes to our rescue in the billions… to protect our environment.”