From left: Fourth District Representative and Opposition Member Hon Mark H. Vanterpool of the National Democratic Party (NDP), Third District Representative and Opposition Member Hon Julian Fraser RA of Progressives United (PU) and Minister for Natural Resources, Labour and Immigration Hon Vincent O. Wheatley (R9) of the Virgin Islands Party (VIP) have reportedly agreed to sit on the Special Committee that will consider all the facts available and make a decision whether the House of Assembly should stand the legal cost incurred by Speaker Hon Julian Willock for a withdrawn injunction that had initially sought to prevent three lawyers from working for the Commission of Inquiry while not being called to the Virgin Islands Bar. Photo: Facebook.

Premier and Minister of Finance and mover of the motion, Hon Andrew A. Fahie (R1) during the continuation of the 12th Sitting of the 3rd Session of the 4th House of Assembly on November 4, 2021, had revealed three of the names listed for the Special Committee when he was seeking to make minor amendments to the motion on the suggestion of the Attorney General. Photo: Facebook/File

Opposition Leader Hon Marlon A. Penn (R8), who has erroneously argued that the Government is seeking to override a ruling by a High Court judge, brought a counter motion to essentially block the substantive motion from proceeding; however, it failed for the lack of votes. Photo: YouTube

The United Kingdom lawyers have since made an application to the High Court to be admitted to the VI Bar.

Members of Special Committee

Premier and Minister of Finance and mover of the motion, Hon Andrew A. Fahie (R1) during the continuation of the 12th Sitting of the 3rd Session of the 4th House of Assembly on November 4, 2021, had revealed three of the names listed for the Special Committee when he was seeking to make minor amendments to the motion on the suggestion of the Attorney General.

Premier Fahie had said Fourth District Representative and Opposition Member Hon Mark H. Vanterpool of the National Democratic Party (NDP), Third District Representative and Opposition Member Hon Julian Fraser RA of Progressives United (PU) and Minister for Natural Resources, Labour and Immigration Hon Vincent O. Wheatley (R9) of the Virgin Islands Party (VIP) have agreed to sit on the Special Committee.

Premier Fahie previously said the Special Committee will comprise no more than 5 members from the different political parties represented in the HoA but no less than 3 members to consider the outcomes and to report as to which of the recommendations will be made to the House of Assembly on the way forward.

Opposition Leader Hon Marlon A. Penn (R8) and Second District Representative Hon Melvin M. Turnbull (R2) have declared they wished to play no part in the Special Committee and had objected to the motion from the onset.

Premier Fahie had also disclosed that the quorum of the Special Committee meeting would be two.

The Committee will report to the HoA within two months on what course of action the House should adopt in the matter.

Opposition counter motion fails

Meanwhile, Premier Fahie discontinued his motion to make amendments to the substantive motion after the Opposition Members raised concerns that the motion would have to be debated anew since they believed the changes were substantial. 

Earlier, Hon Penn brought a counter-motion to essentially block the substantive motion from proceeding; however, it failed for the lack of votes.

The Motion by Hon Penn and supported by Hon Turnbull and Jr Minister for Trade and Economic Development Hon Shereen D. Flax-Charles (AL) had sought to have it resolved that “the decision of Justice Jack in the matter with Honourable Julian Willock v the Right Honourable Gary Hickinbottom and others delivered on September 13, 2021, shall stand undisturbed by the Honourable House.”

‘No one is setting aside decision of judge’- Hon Penn

Premier Fahie, in wrapping up the debate on the substantive motion, made it clear that “No one is setting aside the decision of the judge. This does not do it at all,” adding that the House has a legal scope to always indemnify the Speaker, although he noted it doesn’t mean that the House will do it or not do it, as the decision will now be made on the findings of the Special Committee.

“The select committee will bring out what it has to bring out,” Premier Fahie said.

He also said the proceedings of the House on the motion and counter-motion show true democracy in the House of Assembly and that he respects the role of the Opposition Leader.

A request was also made by the Opposition for the substantive motion to go down to a vote.

Five legislators votes ‘Yes’, 2 voted ‘No’, while 5 were absent.