‘We need to take our time & tidy up this thing’- Hon Fraser on Police Bill
“We need to take our time and tidy up this thing. It doesn’t flow through; it’s unreasonable,” Hon Fraser stated in his presentation to the discourse.
The veteran legislator and Progressive United Party Chairman vehemently criticised what he described as ambiguities in the legislation, suggesting it could lead to serious governance and civil liberties issues.
Governor’s Powers & Legislative Oversight
According to Hon Fraser, while the Governor’s constitutional powers are fixed under Section 35 of the Virgin Islands Constitution, the powers conferred by local laws are within the House’s remit, and as such reiterated “…there’s nothing that this House can do about the powers conferred upon the Governor by the Constitution, but they certainly can do something about the powers conferred on him by law.”
He continued, “If members (of the HoA) don’t want him to have those powers by law, then you fix the law or you don’t let the law leave here.”
This critique, according to Hon Fraser, centered primarily on provisions in the Bill such as clauses allowing the Governor to make regulations on critical aspects such as witness statements and police training without requiring further legislative approval.
“The Governor may make regulations; Members of this House should know… this (Bill) gives the Governor his marching orders, and it comes from us. But you can’t just have the Governor make regulations and that’s it. You should ask for a positive resolution in this House.”
Criminalising Citizens
Another key point of contention raised by Hon Fraser was the Bill’s approach to witness statements and evidence recording, which he roundly rejected as flawed and potentially oppressive.
He highlighted, as an example, Clause 35B(5), in the proposed law and posits, it allows flexibility in recording witness statements and as such reiterated for members, “...you can’t tell someone they must do something but then say if they don’t, it’s okay. It’s unreasonable.”
Additionally, Hon Fraser used his time during the contentious debate to also raise alarms about how witnesses could inadvertently find themselves criminalised through poorly defined procedures.
According to Hon Fraser, “Should a witness be given the opportunity to consent before giving statements; The police could simply walk up to someone and ask for a statement without the person fully understanding the implications. That’s problematic.”
Further expressing concerns that the bill’s provisions could create legal loopholes, undermining accountability and justice, he proposed among other remedies, requiring all regulations by the Governor to be subject to positive resolution in the House.
This, in addition to tightening the language around other provisions in the Bill such as those concerning evidence recording to eliminate ambiguities and ensure that witnesses are adequately protected and informed of their rights before providing statements.
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10 Responses to “‘We need to take our time & tidy up this thing’- Hon Fraser on Police Bill”
The Brits are quicker to fund police than fund teachers. They are quicker to fund jails than to fund secondary/high schools. Where is the His Majesty’s High School ( HMHS)? There is an HMP though. I’m not saying those broke laws should not be punish but there should be a balance between fighting crime and civil liberties.