Sixth District Representative and Opposition Member Honourable Myron V. Walwyn has called on the Virgin Islands community to unequivocally reject criminal activities while simultaneously emphasising the importance of preserving fundamental rights and liberties. Photo: Facebook

Speaking at His Majesty’s Loyal Opposition press conference on January 17, Hon Myron V. Walwyn (R6), an attorney, addressed recent legislative developments and criticised the government’s approach to lawmaking. Photo: Facebook

The Police (Amendment) Act 2025 and the Computer Misuse and Cybercrime (Amendment) Bill 2025 were two heavy bills that were expedited in the House of Assembly (HoA) recently, drawing concerns from the Opposition and ordinary members of the public. Photo: VINO/File

“The effectiveness of law enforcement should not come at the cost of our civil liberties—freedom of speech, the right to privacy, the right not to incriminate oneself, and so on. The challenge lies in navigating this delicate equilibrium,” he noted.

Speaking at His Majesty’s Loyal Opposition press conference on January 17, Hon Walwyn, an attorney, addressed recent legislative developments and criticised the government’s approach to lawmaking.

“As a community, I urge all of us to show our absolute contempt for criminal activities in the territory,” Hon Walwyn stated. “Criminal activities can cause significant social and economic problems for individuals and communities. We must continue to give our support to law enforcement so that they can protect our country and work to root out criminal elements in society.”

He stressed, nonetheless, the importance of ensuring public safety measures do not erode the civil liberties that define the Virgin Islands.

Concerns Over Legislative Processes

Hon Walwyn, as such, used the occasion to express his displeasure with the government’s practice of rushing legislation through the House of Assembly.

“I would like to reiterate the opposition's strong displeasure for the manner in which the government continues to bring bills to the House of Assembly with huge implications for the people of the territory and expect to have the first, second, and third readings all in one sitting. This is wrong and should not be continued.”

Acknowledging the need for urgency in financial services legislation, he nonetheless again criticised the lack of scrutiny given to other bills, highlighting significant concerns with the Police Act and the Computer Misuse and Cybercrime Amendment Bill 2025.

Electronic Surveillance & Human Rights

According to Hon Walwyn, “the Police Commissioner should not be the authorising authority to allow the police to install, for instance, electronic devices on your property, which of course would be done without your knowledge. The Commissioner should not be the custodian of human rights.”

With this in mind, he proposed an independent authority should oversee such actions, noting that amendments made to the bill were largely due to opposition advocacy during the Committee stage.

As it relates to The Computer Misuse and Cybercrime Amendment Bill 2025, which included a clause requiring suspects to provide their phone passwords to law enforcement during investigations, Hon. Walwyn was adamant this in itself was unconstitutional.

“This section violated both Section 15.3 and Section 23 of the Virgin Islands Constitutional Order 2007. It is also trite law that any law inconsistent with the Constitution is null, void, and of no effect.”

Opposition intervention

As such, he credited the Opposition’s intervention for securing amendments to the bill, which now aligns with constitutional protections.

“By their own admission, it was stated by one member that they do not read the bills when they come to Cabinet; This is a clear dereliction of duty. Bills should be carefully examined when at the Cabinet stage and should not be allowed to come to the House of Assembly if they have not been properly scrutinised,” Hon Walwyn said, chastising members of the opposite side of the legislative aisle.

Hon Walwyn warned that poorly considered legislation fuels public anxiety saying, “...doing this will avoid grave anxiety in the minds of the public, who get extremely concerned about their welfare when they hear or read some of the clauses for consideration in these bills.”

Despite the challenges, Hon. Walwyn noted that two bills were, however, successfully amended during the Committee stage and are now poised for consideration by the Governor for Royal Assent, lauding the Opposition’s advocacy for ensuring these amendments struck the right balance between public safety and civil liberties.