The Complaints Commissioner is powerless- SFC Report

-Commission only makes recommendations & gives timelines according to Commissioner Mrs Erica R. Smith-Penn

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The Complaints Commissioner (CC) Mrs. Erica R. Smith-Penn told the Standing Finance Committee (SFC) last month that her role via the Commission is 'to ensure that the rights of the people, the rule of law, democracy and human rights are protected.' Photo: GIS

The Hon Alvera Maduro-Caines, Junior Minister for Tourism and Member for the Sixth District then asked the CC if there are a number of complaints that the department has received for the last year (2021) and how they were resolved. Photo: VINO/File

ROAD TOWN, Tortola VI - The Complaints Commissioner (CC) Mrs. Erica R. Smith-Penn told the Standing Finance Committee (SFC) in December 2022, that her role via the Commission is “to ensure that the rights of the people, the rule of law, democracy and human rights are protected.”

It is one of many institutions in the territory that has a responsibility to protect these rights, she opined according to the SFC report to examine the 2023 Budget estimates.

The CC responded that in 2021 they had “many complaints that were in the mid-fifties,” and there are “some hefty matters that are still ongoing, and matters are kept confidential.”

However, in terms of completion, Mrs. Smith-Penn told the Committee “They are at the rate of 60%, bearing in mind that 2021 was an unusual year for the territory."

The Junior Minister for Tourism and Member for the Sixth District then asked the CC what happens when an investigation is completed, in terms of the next step.

The CC has no power!

The CC responded that “the Complaints Commission has no power. The Commission makes recommendations and gives timelines. When the complaint is received within three days an individual will get an indication of whether the matter is for the Commission or it should be referred elsewhere.

She continued, "After the three-day period, an informal inquiry is conducted and contact is made with the Heads of Departments or Permanent Secretaries.”

The Complaints Commissioner further stated if the recommendations are not adhered to in a timely manner, the Commissioner then forwards the matter, by way of a special report to the House of Assembly, once it has been investigated.

We are guided by the law-CC

The Leader of the Opposition and Member for the Third District, Hon Julian Fraser RA, asked whether this was protocol to which the CC responded that by Statutory requirements, if matters are not resolved at the Ministry or Department levels, then it is sent to the Cabinet Office.

Hon Maduro-Caines asked the CC if the HR Department plays a role in your investigations to which the CC responded that Human Resources are not in the remit of the Commission based on legislation.

24 Responses to “The Complaints Commissioner is powerless- SFC Report ”

pat (07/01/2023, 18:18) Like (9) Dislike (21) Reply
Both her and the commission needs to go!
- @pat (07/01/2023, 21:06) Like (23) Dislike (2) Reply
  You try leave two of our stalwart women alone.
What's the purpose (07/01/2023, 19:00) Like (39) Dislike (3) Reply
If the position is powerless to address issues, concerns and problems then why waste money having it....?
- total waste (09/01/2023, 16:06) Like (0) Dislike (0) Reply
  Same as the EAP. Gather information but can do nothing with it.
resident (07/01/2023, 19:03) Like (56) Dislike (9) Reply
welcome to the bvi where we pay people to do meaningless jobs
To Cimplaints Commissioner (07/01/2023, 20:52) Like (24) Dislike (11) Reply
On behalf of people of the BVI please have the Governor produce & make public what he wrote in his document to the UK to get the Parliament in UK and the Privy Council to issue the Order in Council. Also the same thing about the financial services with public registry where he has another pending order in council to force down our throats. Those two pieces of information and everything related to them needs to be made public. I am sure that in both it will reveal that the facts were massaged to fit their devious purpose. The people of the BVI need to know what was in those documents sent by the Governor so that they can have a fair and transparent opportunity to defend themselves. In a time of when the Governor and UK is calling for transparency, they have acted under a cloud of secrecy and deceit. This information must be known & known now. They should have no reason to keep this information private while they are using it to act publicly. This is an official complaint to you to act on behalf of the people.
- Info (08/01/2023, 10:14) Like (1) Dislike (0) Reply
  check out our government website for some of the info you seek https://bvi.gov.vg/sites/default/files/resources/proposal_for_implementation_of_coi_report_recommendations_-_government_of_national_unity_of_the_virgin_islands.pdf
  - TO info (08/01/2023, 13:07) Like (4) Dislike (0) Reply
    Stop insulting our intelligence. We need to see what was sent to the UK by the Governor prior that triggered the Orders in Council.
agreed (07/01/2023, 21:01) Like (18) Dislike (0) Reply
The Complaints Commissioner needs more legal authority but within the laws to allow for recourse if falsely accused or if the report does not allow for balance and due process as this is the main issue with any report done by the auditor general and this is wrong. Let's get her the authority but with balance for the accused and please do the same with the Auditor General.
I agree (07/01/2023, 21:14) Like (15) Dislike (9) Reply
@ Pat. You said it nicely and I concur. They both need to go. Those salaries could be used to do other things in the country such as restoring the Public Library and other infrastructure. A complete waste of time. Never completes anything and always complaining.
@ TO COMPLAINTS COMMISSIONER (07/01/2023, 22:08) Like (16) Dislike (4) Reply
WHERE WERE U ? WHEN BIG DSDD SNDY WAS UP UNDER JASPERT , SNITCHING ON HIS OWN PEOPLE , HOLLERING OUT HE WANTED TRANSPARENCY AND BEGGING FOR THE SAME ( C O I ) WHICH WE GOT , BUT YOU ALL PRETENDERS ACTING LIKE THE UK JUST JUMP IN AND FLEX OFF THEIR MUSCLES ON OUR HOLY AS*ES / U ALL SEEMS TO HAVE SELECTIVE AMNESIA , OR ON MEDICATION , OR THE WHITE LADY ????
ccc (07/01/2023, 22:34) Like (3) Dislike (1) Reply
Another meaningless job so no one is helped it looks good on the books
Really (08/01/2023, 05:45) Like (1) Dislike (2) Reply
That's facts All of these elites puppets are powerless. They call no shoots and if they did where is the things they build up for the kids? They government has nothing for single parents who gives alot of taxes to the government with no return when they need help. They go to the government and they help the ones they know while the ones who they don't know have to beg for money that the government takes out automatically without your approval which is taxes, insurance etc. The people build the whole with all your tax money but the elites still find a way to charge you when your money build everything you see Wow. You all need to wake up and question everything. Why is their a go fund me for Keisha when all her family's money help build that hospital but they can't start her treatment without the money upfront. Her money built it and pay for the doctors which is her taxes, anything that taxes money out we the people pay check wake Up people
Rubber Duck (08/01/2023, 08:31) Like (9) Dislike (2) Reply
I like how she put the coi in there place with racist Jespert and wicked hickonbottom on the same flight
- @rubber duck (08/01/2023, 10:16) Like (9) Dislike (3) Reply
  That is because she is a woman of integrity and call it as it is whether it be the Governor or politician or anyone else. The others went along with this questionable COI process set out by the Governor and then think we are fools by trying to convince us that it was independent. This entire event was a well-organized plot with no transparency but because some of us hate the government we are going along with letting them get away with this evil. We agree changes needed to be made but not forced upon us with a pre-authored report & recommendations that by design exempts the real culprits which are the organizers of the COI and out us to enslave ourselves by waving an order of council over us if we do not implement their recommendations.
- Rubber Duck (09/01/2023, 19:44) Like (0) Dislike (0) Reply
  If you want to be me, first get an education.
Development Index (08/01/2023, 08:53) Like (4) Dislike (1) Reply
There are two departments that were added just to make the human development Index looks good with no real impact on the daily lives of the people because they were never given the resources or the legal remits to make an impact. They are the complaints commissioner and the Gender department. For example, HR maladministration are exempted from investigation by the Commissioner. There are a group of workers at the BVIHSA with 20 to 30 years of service to this country that will never enjoy a monthly pension because they were transferred to a BOARD and were never made permanent and pensionable although at the inception of the BOARD they were eligible for permanent appointment. So after thirty years of service these workers face an uncertain future because the HR and Deputy Governors office ignore or refuse to act to correct an injustice that was perpetrated years ago.
Inappropriate behavior (08/01/2023, 10:04) Like (10) Dislike (3) Reply
Complaints Commissioner can your office please find out what the Governors doing in the palace in this regard as all of you may be surprised. If it is true then for sure the Queen would not have sanctioned such but then again, she is gone now so it is thing to tell the King.
Request (08/01/2023, 10:09) Like (13) Dislike (3) Reply
Can you find out what is being done with employers taking out social security money from our pay checks and not paying it in to social security and getting away with it as it caused most of us to get no help during the pandemic as a result. This is worse than anything the government is being blamed for in helping. At least they tried. Also please find out why the Governor is seemingly directing the Auditor General to do reports to forward his cause where the accused are not being given an opportunity to state their case and information to form part of the report. These things are wrong and needs looking into. Abuse of power.
say so (08/01/2023, 10:16) Like (1) Dislike (0) Reply
For a minute thought it was the radio host…hmmmm let me put my glasses on.,,
I wonder (08/01/2023, 12:43) Like (11) Dislike (0) Reply
What further power is needed?. Seems to me the Complaints Commission's role is investigatory and a Body that complaints can be made to on a confidential basis. Reading the Article above, if within their remit, investigations are done and recommendations made and more is expected, there will have to be a Board, etc put in place to assist the Commissioner as well as some type of appeals process to fully hear both sides. Sounds like the makings of a kangaroo court to me. Complaints sometimes are frivolous and unwarranted and weilding a big stick over one side of an issue can be quite dangerous. Investigations are done, yes, but on what level, surface or indepth? Having a Complaints Commission is very interesting as most of the problems in Government go unsolved as Heads of Departments are sometimes the problem. They look the other way and allow the Civil Servants to do as they please while being paid.
- @I wonder (08/01/2023, 13:15) Like (4) Dislike (0) Reply
  Well said especially with Heads of Department and I add those Governors and the same goes for Public Service Commission and the Auditor General. We get no justice only kangaroo courts to destroy who they hate or who is not kissing up under them giving them your business or being a part of their evil gossip gang or targeting gang. I fully agree there needs to be a neutral Board to hear all sides and not just print one side.
Public Service (08/01/2023, 13:19) Like (6) Dislike (0) Reply
Complaints Commissioner can you advise what to do when you are being given verbal instructions from senior public officers and Brits that are questionable actions, but they refuse to put the request in writing and if you don't adhere to it they come after you in other ways. Look into this because it is happening a lot lately and it is not right.
Rubber Duck (09/01/2023, 19:50) Like (0) Dislike (0) Reply
The government puts in place things, which on the surface, lead to democracy and transparency ; the Complaints Commission, Auditors, a public Tegister of interests and so on. It then makes sure that these institutions have zero power to affect anything and continues on its corrupt , inept and self serving way.

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The Complaints Commissioner is powerless- SFC Report

24 Responses to “The Complaints Commissioner is powerless- SFC Report ”

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