‘Statutory body argument is a cover’ – Attorney Stephen R. Daniels
Attorney Daniels said Government is using the whole statutory body argument as a cover. He said that those bodies do indeed get their funding from Central Government. “[The BVIHSA is quasi-Government. Not because a statutory body has a board etc. The Government still has jurisdiction over that body but they are going to hide behind that clause of course,” said Daniels.
According to the interpretation of the law by Attorney General Baba Aziz, the sitting members of the House in question are not in violation of the Virgin Islands Constitution since he classified the BVIHSA as a statutory body and separate from Government.
Keith L. Flax- Double standards
Since then, former At Large Representative under the Virgin Islands Party (VIP) Government Keith L. Flax has come out swinging against a decision to remove him from his office in 1996 as Speaker of the then Legislative Council, because of what was called his engagement with Government without due authorisation in light of the ongoing controversy surrounding Orion Law and its arrangement with the BVI Health Services Authority.
This follows the disclosures made during the question and answer period of the Fifth Sitting of the Fourth Session of the Second House of Assembly on Friday March 20, 2015. It was revealed that Orion Law, owned by Honourable Myron V. Walwyn and Speaker of the House of Assembly Ingrid A. Moses, provided services to the BVI Health Services Authority.
In responding to questions in the House, Premier Dr The Honourable D. Orlando Smith defended the arrangement saying that the connection was one that was indirect.
I only accepted deposit – Keith L. Flax
Speaking exclusively to this news site yesterday March 22, 2015, Flax said that given what was disclosed in the House of Assembly, he intends to pursue the matter as he now believes he was unfairly made to vacate the Speaker’s chair.
“This happened in 1996 when I was Speaker of the House of Assembly and I accepted a deposit from the Financial Services for the use of my buildings and that was construed as a contract and as a result, it was said that I had a contract and I violated the Constitution and I should vacate my seat as Speaker. I would like this story to get out because they are a lot of people in the BVI who don’t really know what happened,” he said.
“I didn’t sign anything, I just accepted a deposit for space in my building. The Chief Minister at the time who was Honourable Ralph T. O’Neal (R9) carried a motion to the House to have me exempted so that I won’t have to vacate my seat but after he carried the motion to the House he withdrew it and as far as I am concerned he did not have the backbone to let the motion go ahead and consequently we went to court and the court ruled against me, which I thought was unfair because the Constitution is very clear,” he said.
“The Premier [Dr the Honourable D. Orlando Smith] disclosed that Orion Law did have an indirect contract with Government and two of the directors and owners of Orion Law – Speaker of the House of Assembly Ingrid A. Moses and Minister for Education and Culture Honourable Myron V. Walwyn – should be vacating their seats because they have not gotten exemption from the House for their company to have an indirect contract with Government,” he said.
“I am waiting to see what is going to happen with this. I will not let it die. This will not die. This will come in the open. If I have to keep it alive I am going to keep it alive because what is good for one is good for all,” he said. “I lost my seat in 1996 because of that and I am waiting patiently to see what is going to happen,” said Flax.
Hon. O’Neal- “It was not me!”
When contacted on the issue, Honourable Ralph T. O’Neal OBE, the Leader of the Opposition, said, “I don’t know why he [Flax] is putting me in it because it was Conrad Maduro that was pushing the matter. “As far as I remember, other members asked him to seek permission and he didn’t do it,” said Hon O’Neal.
The laws are crystal clear – Hon Andrew A. Fahie
Speaking to Virgin Islands News Online following the sitting on Friday March 20, 2015, Honourable Andrew A. Fahie (R1) said, “The laws in the Constitution of the Virgin Islands are crystal clear when it comes to Members of the House of Assembly wanting to undertake work with Government and by extension any Government entity such as Statutory Bodies.”
“It is legal to do so providing that the person or persons desirable to do such first request and thereby receive permission from the House of Assembly for either them or their company to be engaged in any form of contractual work with Government or their Statutory Bodies,” he said.
“This is not only the law but also the precedent set over the years. Not too long ago Honourable Marlon A. Penn followed the law and was granted permission to do work for Financial Services Commission (FSC) which is a Statutory Body of Government. In the previous House, so did the now Premier and Deputy Premier, and two former Members of the then House of Assembly,” he said.
“The law in this respect has always apparently been crystal clear until now. The current Attorney General's interpretation of the law would mean that the onetime Speaker of the House Honourable Keith L. Flax would not have been in violation of the law. Hence providing that the AG's [Honourable Baba Aziz] interpretation of the law holds true then we would have to go down the corridors of time and exonerate the name of one of the former Speakers of the House Honourable Keith L. Flax,” said Honourable Fahie.
AG overlooked things – Hon J. Alvin Christopher
Honourable J. Alvin Christopher (R2) indicated to this news site that exemptions have been granted for a number of persons in the House of Assembly including Premier Smith and Honourable Marlon A. Penn.
He pointed out that the hospital is almost totally funded by Government directly from the Consolidated Fund. “So I cannot understand how you could take that fund and hire people and that cannot be under the [rubric of the Government]. I think that the Attorney General overlooked a lot of things in his decision and I do believe we will have to get it clarified,” said Honourable Christopher. He said that many times there are things that are done even in the House of Commons “which by our Constitution have instructed us that a pattern must follow after them. A lot of things are not in law but they [result from] precedent set,” he said.
Honourable Christopher had questioned this in the House on Friday. “Madam Speaker I am wondering if the Attorney General based on the information that he gave in reference to the Health Service Board Authority, if he had taken into consideration that the Health Service Board Authority receive through budgetary process a substantial portion of their income from the Central Government through the budgetary process?” asked Honourable Christopher.
Statutory entities separate from Government – AG Hon Baba Aziz
In response, Attorney General Honourable Baba Aziz said that notwithstanding the fact that they are creations of the Government, because they are set up by legislative process, in the case of the Health Services Authority, it actually was a Government department before it was created by law.
He cited a case which was before the Privy Council on which it was ruled that the entity in question could not be deemed responsible for the liabilities of the Government and vice versa.
“The court was clear that when you have such a separate entity it is different and that is the conclusion that I have drawn from my reading of the case,” said Honourable Aziz.
However, in response, Hon Christopher said, “[The AG] mentioned that these bodies have their own budget providing their own sustenance. But there lies my question Madam Speaker. The BVI Health Services Authority Board is almost 50 percent funded by Central Government. So at this point in time it is self-sustaining. [However], the Central Government which owns them still maintains them in my personal view on a yearly basis of public funds from the Consolidated Fund directly into their budgetary assistance.”
“I am saying Madam Speaker that if the Attorney General’s interpretation is correct…we are going to have to go back in the history of this House to exonerate Mr Keith L. Flax (former At Large Representative during the Virgin Islands Party administration) because he was moved from the House via a statutory body situation. I am just saying Madam Speaker based on the history of the House,” Hon Christopher said in the House.
When this news site called Honourable Aziz he said that he did not care to comment beyond the explanation he gave in the House of Assembly. “I have spoken in the House of Assembly and I do not wish to comment further on the issue,” said Honourable Aziz when contacted.
Meanwhile, efforts to reach Hon Walwyn for a comment were not successful.
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74 Responses to “‘Statutory body argument is a cover’ – Attorney Stephen R. Daniels”
Ralph O'Neal has lost his memory. The records are there to show exactly what he did. And what did the High Court say of Him "powerful and c****pt man!"
All you think it is that Saga Boy who is sitting in the position as AG. Stop it. Stop trying to destroy our own people.
So Ralph didn't move the motion as Chief at the time to save Kieth job so what's the noise about? It's Ralph he need to have an issue with not NDP and Walwyn. WOWWWWWWWWWWW. This is crazy!
When contacted on the issue, Honourable Ralph T. O’Neal OBE, the Leader of the Opposition, said, “I don’t know why he [Flax] is putting me in it because it was Conrad Maduro that was pushing the matter. “As far as I remember, other members asked him to seek permission and he didn’t do it,” said Hon O’Neal.
HAHAHAHAHAHAHAHAH!!!!!!
Also isnt a deposit of money the same as an contract once it is defined what it
is for.it is done all the time to rent apartments.Was the financial services at that
time a statutory body,Please enlighten me.
HSA did NOT hire Orion! HSA hired Zolfo Cooper and Zolfo subcontracted the legal work to Orion. This is a bull&$% argument. Kieth received money directly from Central Government without permission WHICH IS WRONG! You all are just trying to confuse the people who don't know better.
I can't understand how he lived with himself all these years having taken a motion to the Legislative Council to have flax exempted and then decided to withdraw it. Ralph quit while you are ahead lest things that you do not wish the public to know come to light. he ( Ralph ) should do now what he started 18 years ago and did not have the guts to carry through. I agree with hon Fahie and Christopher that whatever needs to no done to have Flax exonerated should no done as others including the present Premier also received exemption after having collected much more money than Flax received as a deposit to reserve a space in his building
The BVIHSA is a body corporate with a board of directors vested with the authority for direction and management of the institution, the fact they report to a minister or are appointed by him does not mean the minister direct their actions, except to the extent of laying down general policy guidelines. Daniels is wrong on this one.
Daniel is not wrong. Don't try to make a wrong right The two OWNERS and DIRECTORS of ORION Law who is seated in prominent positions in the highest institution in this land should be very ashamed and that was meant as an understatement. The Virgin Islands Constitution is crystal clear and that is what should prevail. It makes no difference whether or not a contract in direct or indirect. Myron said on ZBVI that he has divested himself from his Company. So why is he still allegedly signing checks and making major decisions regarding the Company's operation? There is documentary evidence to this. When you are trying to find Ingrid. Just go bent door to her Office(Orion law)and ther you will find her. Both Myron and Ingrid need to submit their resignations NOW which is the honorable thing to do. In the UK where Myron received his training is what would would obtain and he would know this better than most persons. jUST GO. Don't wait to be asked
- The Auditor General is only right when it's against NDP, but not against VIP
- The past Governor was wrong for not calling a Commission of Inquiry on the cruise pier
- The current Governor is wrong for not calling a Commission of Inquiry on the cruise pier
- The FCO/UK were wrong for allowing Government to borrow monies for the cruise pier and other things
- FCIB Bank were wrong to give Government monies for the corrupt cruise pier
- The AG is now wrong in interpreting the Laws as it relates to the topic at hand
SO when we look at it, everyone is wrong except VIP. LMAOOOOOOOOOOOOOOOOOOOOOOO! VIP go sit down!
case is not the same. Flax did his while he was in power. The other
was done before. That why marlon had to apply. This is apples and
orranges, dont mix them up and try to fool the people.
Tell that pompuss lawyer shut his tra. Cant allow any Tom, Dick n Chick Peas to enter this country and open shop to walk on us. If he feel he get foul play then GO BACK HOME THEN
HE NEEDS TO KEEP OUT OT TORTOLA POLITICS HE COME HERE TO DRINK MILK NOT TO COUNT COWS.
Read the Constitution. Don't try to helpthem cover up their d**ty deeds. M***n is heart and soul of Orion Law and he trying to make people believe that he has divested his interest prior to being elected. There is plenty of documentary evidence to prove otherwise
M***n is buying votes by paying people $9800 per 20 feet to build the wall around the school. He's paying brick layers, painters and others. At almost $10000 per 20 feet this could end up being the most expensive wall in the world next to Great Wall of China. Why no one asking about that? Oh because silence has a price $9800. People be aware integrity has no price.
They just believe they are the Big Bad NDP and no one can do them anything so they do whatever they feel like. Right now they trying to buy the people's votes and then doing their thing on the side like no one looking. Give you a little something here wet your pocket and you won't mind me doing a lil thing on the side over there.
Anyone see One Mart Parking Lot today, special black/gray carpet for the big sale tomorrow I believe. HMMMMM!