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Proposed law enforcement merger not likely to happen- Hon Penn

-Premier Wheatley has already rejected the recommendation to merge Immigration & Customs & give to Governor
Honourable Marlon A. Penn (R8) of the National Democratic Party (NDP), in criticising the proposed merger of certain law enforcement agencies in the Virgin Islands (VI), said it is impractical and legally impossible without major legislative overhauls. Photo: GIS/File
 It has been confirmed that a recommendation was made to merge the Department of Immigration and His Majesty's Customs and place the merged entity under the responsibility of the Governor. Photo: GIS/File
It has been confirmed that a recommendation was made to merge the Department of Immigration and His Majesty's Customs and place the merged entity under the responsibility of the Governor. Photo: GIS/File
Premier and Minister of Finance Dr the Honourable Natalio D. Wheatley (R7) has rejected the recommendation to place Immigration and Customs under the control of the unelected Governor. Photo: Face/File
Premier and Minister of Finance Dr the Honourable Natalio D. Wheatley (R7) has rejected the recommendation to place Immigration and Customs under the control of the unelected Governor. Photo: Face/File
FAT HOGS BAY, Tortola, VI—Honourable Marlon A. Penn (R8) of the National Democratic Party (NDP), in criticising the proposed merger of certain law enforcement agencies in the Virgin Islands (VI), said it is impractical and legally impossible without major legislative overhauls.

Speaking on the Morning Braff show broadcast on Tola Radio with host Floyd P. Burnett aka ‘Heritage’ on Thursday, February 6, 2025, Hon Penn voiced his concerns over the feasibility of merging the Customs, Immigration, and Police departments, arguing that such a move cannot happen overnight.

"This just can't happen overnight because Customs has its own Act that speaks specifically to its operations, and Immigration has its own Act as well; So, you're talking about total amalgamation if you're going to do this in terms of legislative framework and all the things that have to happen for this to work."

No legislative path

As such, Hon Penn pointed out that the necessary legal processes to merge these agencies have not even begun, reinforcing his view that the proposed merger is unlikely to materialise.

"For you to amalgamate Immigration, Customs, and Police, it has to be changed through law. You have to come to the House of Assembly to do the amalgamation; I don’t see any of those things happening and I certainly don’t see it passing through the House of Assembly."

The opposition legislator during the discourse also publicly expressed his belief that most House members do not support the merger, stating candidly, "Many of the members have expressed publicly no support for the amalgamation of all three agencies into one. I think the agencies as they're functioning now just need proper checks and balances, which many of them already have."

Opposition not consulted

The proposed merger, reportedly being discussed in high-level meetings, has been a point of contention in recent weeks, with mixed messages circulating in public discourse with Hon Penn distancing himself from any insider knowledge on these discussions, disclosing too, that the Opposition had not been consulted.

"This new development that I’m hearing people talk about, it was not previewed to the Opposition," he divulged, telling the listening audience, "...we weren’t involved in any of the discussions, I don’t know if the Leader of the Opposition was involved in the meetings, but as far as I’m aware, we were not."

Pressed by the host on whether the Premier Dr the Honourable Natalio D. Wheatley ( R7)) had initially supported the merger before backtracking, Hon Penn responded, "You’ll have to ask the Premier that question. I can’t say what he was for. I wasn’t in the discussion that he was in."

Joint Task Force precedent

Hon Penn did, however, acknowledge precedent with past collaborative efforts between the agencies under the former Unity Government and referenced a Memorandum of Understanding (MoU) that facilitated joint operations at the ports of entry involving Customs, Immigration, and the Police.

"What happened after the CoI (Commission of Inquiry) and all the CoI implications was that a joint task force was established at the ports; This was done via a memorandum of understanding, not through legislative changes. That MoU should have expired by now, and I don’t know if the current government renewed it."

The distinction between a non-binding agreement and a full-scale merger, Hon Penn argues, is crucial, reaffirming, "...a memorandum of understanding allows agencies to work collaboratively…it’s not the same as legislative amalgamation; That requires going through Parliament, which is not something I see happening."

Premier Wheatley has already said he rejects the recommendation to merge Immigration and Customs and place them under the responsibility of the Governor.

See link to related article: 

Premier Wheatley rejects proposed transfer of Immigration & Customs to Governor

11 Responses to “Proposed law enforcement merger not likely to happen- Hon Penn”

  • Ofc (09/02/2025, 12:43) Like (4) Dislike (2) Reply
    They want two separate offices so they can each have there drug and money stash
  • tom (09/02/2025, 12:56) Like (2) Dislike (2) Reply
    He speaking good
  • 2024 (09/02/2025, 13:06) Like (13) Dislike (1) Reply
    U stop there: London will pass a law up there and send her people here to execute the enforcement

    One should remember after the 2017 hurricanes the law enforcement from London came into BVI and ran things

    Look; the local police department in this Overseas Territory was headed by United Kingdom for years and there is nothing our people can do about it

    Mr politician, stop trying to fight down London and invite them here to fix the roads, fix the water system because all we getting from political parties is talk election after election

    This is a British Overseas Territory therefore encourage Great Britain to come in and lend a helping hand for the benefit of the people(stop being so power hungry politician man

    • vi (10/02/2025, 10:33) Like (1) Dislike (0) Reply
      Point of correction, after the 2017 storms, the UK did not come and run things, they came in a supportive role...our local leaders operated in their respective roles, and made decisions for whatever happened here.
      • @ vi (10/02/2025, 11:44) Like (0) Dislike (0) Reply
        The Former Member for Works wanted to reopen the main shipping port; when u see him again;ask who prevented him….
  • Merger is good. (09/02/2025, 13:31) Like (9) Dislike (2) Reply
    Here is why. As it is now the service is very poor when compare to the Governor's office..As it is now, even the workers speak of the bad service and rude staff, like no one incharge,. It needs to change in order to be more professional and accounrable.
  • Senior native citizen of the British Virgin Islands (09/02/2025, 13:54) Like (2) Dislike (2) Reply
    A number of times, past and the present Governor have said that we are in a partnership political relationship. If in fact that is so, then we must be pull participants in decisions making about our future, not the UK government only. Any thing less is dictatorship. Those times have past, last Century, not this one nor any others to come.

    We are humans, fullbred, not cows being drenching and fenced for the day of market.
  • Senior native citizen of the British Virgin Islands (09/02/2025, 14:25) Like (1) Dislike (1) Reply
    One of the most dangerous things about Customs and Immigration merger under the B.V.I Governor is that the UK's government will be allowed the political rights to send to the B.V.I as many unwanted persons they don't want there, but rather here.
    Customs isn't the same as Immigration, but if the UKs appointed Governor control Customs under his alone authority, would that proved us that don't trust our government? Of course the UK's should trust, but on the other hand, we also shouldn't trust the UK'S government either. Humans are human.

    The bible says, trust only in God, the Creator of the universe. God is not a human beings. God is a Spirit being.
  • Job protection (09/02/2025, 16:14) Like (2) Dislike (0) Reply
    by all the HOA members since they will all be unemployed when the UK enforces the Order in Council.
  • Deh Watcha (09/02/2025, 18:34) Like (5) Dislike (1) Reply
    Thats all some of these politicians like this one are good for.

    Grandstanding for the cameras or radios. They speak on the topic while it is hot. And no matter how important it is, once media leaves it alone and it goes cold, so do the politicians. By the next two weeks, he will have forgotten about this issue.
  • Ratty (10/02/2025, 07:08) Like (0) Dislike (1) Reply
    Good to see Smurf standing with the premier


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