Opposition Leader questions omission of HM Customs from enforcing maritime laws
"This is a very hefty piece of legislation," Hon Walwyn told the legislators gathered for the sitting of the House of Assembly (HoA) before systematically deconstructing its most controversial aspects, what he termed its 'broad allocation' of enforcement powers.
Power in the Wrong Hands?
As such, one of Hon Walwyn’s fiercest criticisms was aimed at the Bill’s provision granting expansive policing powers to law enforcement officers, including police constables fresh out of training.
"A constable, Madam Speaker, could be anybody who just joined the police force, a police officer who comes with the last shower of rain, he's just passed the police exam, and he's a constable and you're going to drop these major powers to go in and detain and seize assets and do all kinds of things?"
According to the Sixth District Representative, "To me, that's not the wisest thing: There has to be some level of experience because you don’t have that oversight. If that constable wanted to exercise some of these powers on land, he would have to go to get a warrant; We're saying (on the Bible), nothing out there but you and Jesus, and he got all this power out there, he can do whatever he wants with you out? I don’t think that’s what we want."
Blanket Definition for Crime
The newly minted Leader of His Majesty’s Loyal Opposition was equally incensed at the Bill’s vague definition of "general criminal offence," as presented, which, he argued, could lead to absurd enforcement scenarios.
"There was one argument put forward by a member of the House of Lords, and they used the example of stealing a Mars bar; That would be considered a general offence. Are we saying that you’re going to stop a ship, you’re going to detain it, you’re going to jump on it, you’re going to do all manner of things if somebody steals a Mars bar?" he scoffed.
Further, Hon Walwyn warned that the law’s ambiguity could lead to excessive interventions where minor infractions receive the same treatment as serious crimes like drug and human trafficking.
"Even though the term general criminal offence still obtains in the Police and Crime 2017 Act, I think we can do better in terms of narrowing down on what sort of offences we really mean."
Customs Conundrum
Another glaring issue flagged by Honourable Walwyn was the exclusion of customs officers from the list of law enforcement officials empowered under the bill.
In the UK, he said, customs officers are granted enforcement authority under the Police and Crime Act—and questioned “...why were they being sidelined in the Virgin Islands?
"If in the UK itself, where we lifted the legislation from, customs officers have that level of authority to be enforcement officers under their Act, why are customs officers being excluded here; They should be included in the legislation for the avoidance of doubt."
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