‘I don’t have an answer’ – Hon Julian Fraser RA
And the deadline for the resolution of the issue between the two Opposition members of the House of Assembly given by Governor John S. Duncan OBE is fast approaching. There is exactly one week left.
It was on June 19, 2015 that Governor John S. Duncan OBE made a statement saying that he had deferred the appointment of the Leader of the Opposition for one month and one day to allow consultation between the members of the Opposition and as they deem appropriate, with other interested parties.
When contacted by this news site yesterday July 12, 2015 to ask where they were on the issue, Honourable Julian Fraser RA, Representative for the Third District, said that he could not say if the issue will be resolved. “I do not have an answer,” he said, clearly indicating that at this stage there had been no progress.
Attempts to contact Honourable Andrew A. Fahie for a comment on the issue were unsuccessful. Governor Duncan is also out of the jurisdiction and will return later this week.
Tomorrow July 14 will see the continuation of the Second Sitting of the First Session of the Third House of Assembly and again there will be no Opposition Leader. Governor Duncan had said in his statement that he did not envisage the delay in the decision on the Opposition Leader affecting the work of the House of Assembly.
What says the VI Constitution?
According to the Virgin Islands Constitution, the majority of elected members must decide who will be the Leader and that must be conveyed in writing to the Governor.
The Constitution, according to Governor Duncan, does not envisage a situation where members of a single party are unable to reach agreement, therefore he took further legal advice and considered the case law on the use of the Governors’ powers, including views expressed by the Privy Council of the United Kingdom.
He stated, however, that none of the criteria suggested to him by various parties, namely precedent in the VI, the experience of the two candidates, or the expectations of political parties prior to an election, provide a conclusive solution.
Governor Duncan said it would be a retrograde step in the development of democracy in the Virgin Islands for the Governor to be required to impose a solution in this matter without allowing the people of the Virgin Islands and their elected representatives a further window of reflection to agree a solution.
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