2012 Speech from the Throne

SPEECH FROM THE THRONE DELIVERED BY HIS EXCELLENCY THE GOVERNOR MR. BOYD McCLEARY, CMG, CVO First Sitting of the Second Session of the Second House of Assembly House of Assembly Chamber Monday, 3rd September, 2012 10:00a.m.

Madam Speaker, Members of the House of Assembly, ladies and gentlemen, good morning.

Madam Speaker, I am here today, at the invitation of this Honourable House, to deliver the second speech from the throne for the Second House of Assembly on behalf of Her Majesty The Queen, in whom the executive authority of the British Virgin Islands is vested.

This speech will outline the legislative programme for the Government for the Second Session of the House.

I am delivering the speech on Her Majesty’s behalf and thus references in this speech to “my Government” are references to Her Majesty’s Government in the Virgin Islands, that is to say your government.

The Speech from the Throne is a tradition in most Commonwealth countries and British Overseas Territories. Such a speech is critically important to the direction of the Territory as it outlines the agenda the elected Government plans to pursue, “Putting Our Country First”, to improve the standard of living of all the people living in the Territory.

Madam Speaker, my Government will continue to focus on seven broad areas to ensure that the Virgin Islands advance to a level of development where all residents will be able to enjoy good health; a high quality of life and personal fulfillment; a high quality natural and built environment; safe communities and opportunities to use their talents in gainful employment and entrepreneurship.

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The seven broad areas are: 1. Stimulating/Fixing the Economy 2. Improving the Standard of Living 3. Improving Overall Social Services Programmes and Healthcare 4. Strengthening the Educational Sector 5. Protecting our Borders and Enhancing Law, Order and Public Safety 6. Public Sector Reform, Communications and Infrastructure; and 7. Re-establishing/Strengthening Regional and International Relations Madam Speaker, these priority areas will continue to be pursued through building a “people Government� in an atmosphere where protection of the person, property, personal freedom and human rights are accorded the highest priority through listening, collaborating, consulting and communicating.

Stimulating/Fixing the Economy Madam Speaker, it is recognised that arbitration is increasingly becoming the preferred medium for settling commercial disputes because of the flexibility and atmosphere of confidentiality it provides to the disputing parties. While it is further recognised that there are currently well-established centres for the settlement of commercial disputes, establishing a forum for the conduct of arbitration is certainly not the exclusive preserve of any particular jurisdiction.

Arbitration Act Given the pivotal role the Territory plays in matters concerning international trade and commerce Madam Speaker, especially having regard to the large number of business companies incorporated or established in the Territory, it is fitting that my Government has recognised the need to explore the development of the Virgin Islands as an international centre for the settlement of commercial disputes. In order to facilitate this, the Arbitration Act urgently needs to be modernised. My Government intends during the year ahead to amend the said Act to ensure a more robust piece of legislation, which meets the current needs of the Territory.

Intellectual and Industrial Property (IIP) Madam Speaker, while the Territory has laws governing Intellectual and Industrial Property (IIP) matters, these laws have outlived their usefulness and have not kept pace with current and emerging developments in the field of intellectual and industrial property law. Any jurisdiction that intends to become a partner and competitor in the field of IIP should not only monitor global developments in that field, but also take serious steps in reviewing and modernising its own IIP regime to keep attuned to those developments.

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In the coming year, my Government will bring a new Trademarks Bill to the House for enactment with a view to enhancing and improving the efficiency and effectiveness of the Territory’s Intellectual and Industrial Property (IIP) Laws which will propel the BVI’s IIP regime into the 21st century and will allow us to remain on a competitive level with our peers in the financial services world.

Madam Speaker, the coming year will see the continuation of significant legislative reform to ensure the Territory is cabable to meet the ever-changing standards set by international standards setting bodies such as the Financial Action Task Force (FATF) and the Organisation for Economic Co-operation Development (OECD). The likely areas of reform will relate to the Territory’s anti-money laundering laws and international co-operation regime. Such reform is necessary to ensure that the Territory is able to maintain its standing in the global community.

In addition to this targeted reform, work will also continue on the streamlining of our financial services regime. Necessary reforms to the financial services legislation will be developed as deemed fit.

Madam Speaker, to keep more money in our economy and to encourage local spending, as a means of strengthening this Territory, my Government, will continue to review the Hotel Aid Ordinance in order that local businesses benefit from the sale of goods that are purchased under the grant of Hotel Aid. Further to that, Madam Speaker, my government will review the Pioneer Services Act, the Encouragement of Industries Act, and other acts referring to customs duties, as we continue to seek ways to build on the economy of the BVI. Madam Speaker the Protocols for Effective Financial Management signed on the 23rd April of this year; illustrate a maturing partnership between the UK and the Virgin islands. This agreement sets out my government’s commitment to the fiscally responsible management of the Territory’s financial resources and the UK government’s commitment in assisting us to reach and maintain this goal.

The amendments to the Public Finance Management Act that are now before this Honourable House strengthen the current Act and provide minimal acceptable standards of governance, more transparent and responsible fiscal management and higher accountability to the people of this Territory. Madam Speaker, I am sure that you will agree that for the Virgin Islands to attempt to do otherwise would be irresponsible, if we intend to maintain and improve on the standard of living for the people of this Territory.

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Improving the Standard of Living Madam Speaker, my Government is conscious of the dire effects of the global economic downturn on these Virgin Islands. Steps will be taken to continue the review of the existing customs tariff regime with a view to keeping more money in the pockets of residents.

My Government will also determine a “Basket of Goods� or basic items (which are critical to living in the Territory) to be imported duty free. The goal here is to ensure affordability of basic items and to keep money circulating in the economy. In addition Madam Speaker, The Virgin Islands Customs Management and Duties Act presently does not make provision for the Governments of the OECS Member States and the Eastern Caribbean Supreme Court to be exempted from taxes, customs duties and import or export duties. My government is therefore committed to the amendment of the Act to allow for the strengthening of our regional relationships.

Madam Speaker, a framework for accessing information by the public is imperative for good governance and transparency. As such, a Freedom of Information Bill will be enacted. In addition Madam Speaker, the handling of citizens' personal and private information and how and to whom it is to be disseminated will be also given priority through the enactment of a Data Protection Bill.

Madam Speaker, the Disaster Management Act makes provision for the organisation of the mitigation of, preparedness for, response to and recovery from, emergencies and disasters in the Virgin Islands and other matters connected therewith. The Act provides legal authority for the Department of Disaster Management (DDM) to execute its roles and functions; and outlines the basis for the Governor, Director of DDM and others in relation to disaster management matters. Madam Speaker in the forthcoming Session of the House, my government will propose amendments to bring this Act up-to-date and make it more effective.

Madam Speaker, Chapter 2 of the Virgin Islands Constitution Order 2007 provides a comprehensive packet of fundamental rights and freedoms for every person in the Virgin Islands. It is very clear, however, that in order for these rights to be practically enjoyed by citizens, some basic machinery for promoting the exercise of these rights must exist.

Madam Speaker, my Government will introduce a Human Rights Commission Act to provide that machinery in the form of a Human Rights Commission, as envisaged under section 34 of the Constitution.

Madam Speaker, as part of its strategic plan for 2013, the Ministry of Natural Resources and Labour will concentrate on strengthening its legal framework by upgrading a number of Acts, regulations and policies in respect of the Labour Department and the Conservation and Fisheries Department.

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In 2010, the Labour Code (Cap 293) was passed, providing the much needed update to the labour legislation and in the forthcoming session the Department of Labour will seek to implement the regulations which will serve as the formal requirements to regulate more effectively the work environment. The key areas to be detailed are health and safety and retirement.

Madam Speaker, the Survey Department will seek to amend the Land Surveyors’ Ordinance (Cap 215) in an effort to bring greater control to this highly specialised field of land surveying through code of conduct, standards, and research.

Madam Speaker, the Conservation and Fisheries Department will amend the Beach Protection Act (Cap 223), to introduce a Beach Commission and its related duties, while providing the much needed support for the Virgin Islands Beach Policy. Also to be addressed are the requirements for individual beach management as well as regulations to control activities on the Territory’s beaches.

Madam Speaker, the existing agricultural policy of the Virgin Islands speaks to promoting vacant plots of land into agriculture. In addition, the leased crown land in Cappoons Bay, Paraquita Bay and South Sound is governed by the Agricultural Small Holding Act (Cap 83). This Act will be amended to provide for compensation and regulations necessary to properly enforce the legislation.

Madam Speaker, the trade between the Virgin Islands and the rest of the world has increased, making the Territory part of a global marketplace. Arrivals of foreign and invasive plant pests and diseases are on the rise. There are various Conventions, International Standards for Phytosanitary Measures and International Treaties or Agreements that the Virgin Islands must comply with, since the United Kingdom has signed on to them. The Plant Protection Ordinance (Cap 93) needs to be updated to allow the Virgin Islands to meet the challenges being faced in the 21st Century. My government will propose amendments to prevent the introduction and control of the spread of plant pests; to protect plant resources; to facilitate trade in plants and plant products; and to regulate other matters connected thereto.

Improving Overall Social Services Programmes and Healthcare Madam Speaker, my Government continues in our quest to raise the standards of health and social services provided to the people of this Territory, as we work to enhance progressively the quality of life of our people. In so doing, it is essential that we provide not only modern physical structures, but also the legal infrastructure required to respond to our socio-economic realities in the interest of all the citizens and residents of these Virgin Islands.

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Madam Speaker, just over eight months ago in my address to this Honourable House I made mention of various challenges affecting the BVI Health Services Authority and pledged to introduce measures to improve its operations. Included among these challenges has been the significant revenue shortfalls experienced by the Authority over the years, even as healthcare costs have increased exponentially.

To help address this situation, Madam Speaker, during this session my Government will bring before you legislation to amend the Hospital Regulations, which currently provide for the following 10 categories of residents to be exempted from payment of hospital charges: persons 65 years and older; school children; the mentally ill; the indigent; police officers; prison officers; prisoners; health workers; workers in the Adina Donovan Home for the Elderly and firemen. Since the enactment of those Regulations in September 1927, the population dynamics in the Territory have changed considerably.

Added to that, a large number of persons under the exempt categories are now covered by health insurance, with insurance premiums being paid on their behalf by the Government.

Madam Speaker, I wish to assure this Honourable House that my Government is taking comprehensive measures to bring our health financing arrangements in line with current realities, while ensuring that appropriate safety nets are provided to meet the basic needs of the most vulnerable members of our community.

Madam Speaker, another important aspect of my Government's health financing reforms is the ongoing work to establish a National Health Insurance System. I am pleased to report that the consultants have now prepared an amendment to the Social Security Ordinance to establish the National Health Insurance System and the National Health Insurance Division, respectively, both of which would fall under the purview of the Social Security Board. This amendment, along with NHI Regulations that outline the rules and procedures governing the operations of the System, will shortly be brought before this Honourable House. Through the introduction of this Bill, all eligible persons will finally have equal access to quality healthcare at an affordable cost.

Madam Speaker, it is a well-known fact that the development of the local economy over the years has led to rapid growth in the healthcare industry. As in other countries, medical care in the Virgin Islands consumes a significant portion of the Territory’s expenditure. Yet the health sector remains largely unregulated, as there is limited means of verifying the quality of the services being developed and delivered.

My Government takes seriously its responsibility to safeguard public safety by ensuring that such services are delivered to a standard consistent with modern medical practice; in safe facilities with appropriate management arrangements, approved equipment, and appropriate checks and balances to ensure the delivery of quality care. The legislative framework governing the licensing and regulation of medical facilities must therefore be updated to ensure that public expectation for appropriate standards of healthcare can be consistently satisfied.

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During this Session, Madam Speaker, a Hospital and Healthcare Facilities Licensing Bill will be introduced to provide the legal framework to establish and maintain appropriate and consistent standards for healthcare facilities and professional practice throughout the Virgin Islands. This important initiative is a key aspect of my Government’s health systems reform and development efforts; ultimately intended to provide more comprehensive, balanced and coordinated health services in an environment that promotes safe and effective care.

Along the same lines, Madam Speaker, it would not have escaped your notice that body piercing and tattooing are the fastest growing forms of body decoration among young people in our community. These practices raise public health and safety concerns regarding the equipment and associated materials used; increased risk of transmission of blood-related diseases; the artists’ training; the physical environments where the body art is performed; and the paucity of regulations and enforcement associated with the procedures. My Government recognises that body art businesses, if not run properly and responsibly, can contribute to infection and transmission of blood-borne disease such as HIV and hepatitis B and C. Regulations will therefore be introduced to govern body art practices in the Territory, as part of our continuing efforts to protect the health and safety of the public.

I am also pleased to report, Madam Speaker, that preparations are at an advanced stage for the introduction of a new Mental Health Act. The new Act will bring about enhanced arrangements for the provision of mental health care services and will promote the re-integration into society of persons who, as a result of past mental health problems, encounter difficulties in their family, educational, professional or social lives.

Madam Speaker, my Government is also well seized of the need to make modern psychiatric facilities and methods of treatment of mental patients available to the public, and will endeavour to do so within the appropriate legal framework.

Madam Speaker, my Government recognises the important role that Non-Governmental Organisations (NGOs) and other community-based organisations play in maintaining vibrant community life, protecting our environment and vulnerable groups and providing positive socialisation for our children and young people. Unfortunately, Madam Speaker, the modern scourge of terrorism spawned by religious and political violence around the world has left no aspect of our society unscathed, and actions are now required to protect voluntary organisations from exploitation by terrorist groups.

Toward this end, a Non-Profit Organisations Bill has been developed, in consultation with key stakeholders, and will shortly be introduced in this Honourable House to register and monitor the operations of Non-Profit Organisations in the Virgin Islands.

This will serve to better facilitate their work and contribution through the enactment of an appropriate legal and regulatory framework that provides stability and certainty for nonprofit organisations and increases public confidence in the work and programmes of such organisations.

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Madam Speaker, the current processes of the registration of Births and deaths are outdated and my Government will therefore introduce amendments to Registration of Births and Deaths Act (Cap 276), which will include, but will not be limited to, revision in the following areas: Still births Deputy Registrar General Assistant Registrar General Strengthening the Educational Sector Madam Speaker, the Ministry for Education and Culture has taken its mandate to ensure that this Territory continues to develop despite the present and future global challenges we may face. In this vein a number of pieces of legislation will be amended during the course of 2013 for the benefit of the people of this Territory.

Madam Speaker, the Education Act, which was passed in 2004, is a legislative document aimed to guide, manage and direct all aspects of education. However, this document must go hand in hand with up-to-date regulations to guide critical areas in this sector. The Education Act 2004 itself is also in need of amendment.

Extensive consultation with key stakeholders has already taken place on the general education regulations and these regulations will be reviewed and amended in the coming year. The revised Regulations will outline specific areas as provided for in the legislation to ensure that matters can be appropriately dealt with in our school system.

They will provide guidance to the education system and all its stakeholders regarding the implementation of programmes and services. They will also provide for monitoring of the delivery of education programmes operated under the Act, and provide services and processes for the conduct of school supervision, as well as the investigation of complaints made by members of the public.

Madam Speaker, the development of the Early Childhood Regulations will also ensure that clear parameters are set and allowed to guide key stakeholders involved in the growth and development of the most impressionable age group of this generation.

Madam Speaker, the vast majority of our pre-primary learning centres are privately owned, hence there is an increasing need to ensure that we examine carefully the quality of education offered to our youngest students before they enter into formal education.

Technical education, Madam Speaker, has become a buzz word in our homes and communities, as my Government aims to create a culture of excellence, particularly in this field, which has in some ways, been neglected over the years. With the emphasis now placed on such programmes and the development of a technical high school, it is important that regulations are put in place to guide and direct this area.

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Madam Speaker, the United Nations Educational Scientific and Cultural Organization (UNESCO) is a specialised agency of the United Nations system. This organisation was created more than half a century ago, with a mission to build the defence of peace in the minds of men. Madam Speaker, The BVI National Commission for UNESCO, the local arm of the international UNESCO body, has a vision of sustainable development, encompassing the observance of human rights, mutual respect and the alleviation of poverty, all of which are at the heart of UNESCO’s aim. My Government intends to update the UNESCO Act 2009, to reflect the true mandate of the organisation.

Madam, Speaker, libraries all over the world have undergone tremendous changes during the past years due to the advent of the World Wide Web and other sweeping changes in technology. In order to keep current with these changes, my Government, through the Library Services Department has embraced technology, and begun modernising its services and programmes accordingly. But more needs to be done. Our present Library Act, Madam Speaker, dates back to 1974.

A new library legislation will therefore be introduced to implement a national library for this Territory and to address different aspects of the department’s operations which were affected by the introduction of technology such as the internet service, and the automated system. Other changes will include an amendment to the payment of fines structure, the multi-media collection, legal deposit, cost to replace a lost book, readers’ deposit, new library cards, unattended children, and an increase in the fine or penalty for not returning items (both digital or printed).

Madam Speaker, much has been happening with Her Majesty’s Prison and there is much more that needs to be done. We are at a crucial point Madam Speaker and it is imperative that my Government ensures that all is in place in keeping with the Human Rights Charter and the management of the Prison. Like everything else Madam Speaker, the changes around us also affect the Prison and how it is managed. It is therefore important that, as we move forward, our legislation keeps abreast of the changes. The Prison Act dates back to 1956 and there is no doubt Madam Speaker that amendments to this Act are needed. The Prison Rules go hand in hand with the Act, Madam Speaker, and must therefore be looked at in tandem with it.

Protecting our Borders and Enhancing Law, Order and Public Safety Madam Speaker, my Government will introduce amendments to the Immigration and Passport Ordinance to bring this legislation in line with the 2007 Constitution. The amendment will ensure that it is relevant to the immigration pattern and that fees are modernised to meet the current trends. This would ensure that border control is effectively managed in light of current regional and international concerns.

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Madam Speaker, the Magistrates Code of Procedure Act (Cap 44) governs the work of the Magistrate. It is a guide by which the Magistrates carry out their duties. Madam Speaker, in 2013 there will be a general review and amendment to the various court fees payable through the court; for example: Civil Summons; Child Maintenance; affiliation fees; Bailiff fees; stamp duties on summons and complaints and Domestic Violence Act Madam Speaker, the new Jury Act, 2012 which will replace the existing Jury Act (Cap 36) will be soon introduced in the House. Madam Speaker, with the passage of time, it became necessary to examine and update the current legislation with the aim of enhancing fairness and efficiency in the criminal justice system.

Madam Speaker the key features of the new Act include the establishment, maintenance and update of an electronic database (the “Jury Management Database”) for the preparation of the register and the proper management of the jury system and the formalisation of the selection of persons from the voters list to serve as jurors and the identification of persons who are disqualified and exempted from serving as jurors.

Madam Speaker, my Government will also introduce The Police (Amendment) Act which seeks to amend the Police Act, 1986 (Cap. 165) so as to: a. introduce in the law the K-Nine division of the Royal Virgin Islands Police Force (“RVIPF”); b. replace the rent allowance paid to members of the RVIPF with a National Security Allowance; c. allow for the charging of fees for certain services that the Royal Virgin Islands Police Force provides to the public; and d. confer on the Governor the power to amend the Schedules by an Order.

Madam Speaker, the purpose of Criminal legislation is to codify the general principles of criminal responsibility under laws of the Territory. In this Territory there are a number of different pieces of legislation, which give rise to criminal liability and responsibility.

Madam Speaker, in the year ahead a general review of the Criminal Legislation will take place.

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Public Sector Reform, Communications and Infrastructure Madam Speaker, to allow greater flexibility between employees of the Government, Statutory Agencies and the Police Force, my Government introduced in the House, the Employee Mobility Act, 2012 which has since become law. To further enhance this flexibility, the Employee Mobility Regulations will soon be finalised.

To ensure the modernisation of the employment policies and procedures of the Public Service, the Service Commissions Regulations will soon be Gazetted to provide operational guidance to the Service Commissions. Additionally, the appointment to Public Office (Devolution of Human Resources Functions) Regulations, 2008 will be revised for alignment for alignment with the recently enacted Service Commissions Act, 2011 (No. of 2011).

Madam Speaker, the BVI Government Pension Scheme is presently a non-contributory scheme that is primarily governed by the Pensions Act (Cap. 161). Madam Speaker, in the year ahead this Act will be reviewed and amended so that the language is in line with the Virgin Islands Constitution Order, 2007.

Madam Speaker, my Government will continue to strengthen the Physical Planning Act, 2004 by introducing the requisite regulations. The absence of planning regulations has limited the effectiveness of the Act. The regulations will seek to replace the Land Development Control Guidelines, 1972 and will address areas such as the procedures for environmental impact assessments; the regulation of sub-division of land; and the preservation of buildings and sites.

Madam Speaker, as part of its strategic plan for the year ahead, the Ministry of Communications and Works will concentrate on strengthening its legal framework in order to create an enabling environment to operate more effectively in critical infrastructural areas.

Madam Speaker, in the area of civil aviation, I am pleased to report that my Government will shortly Gazette the Virgin Islands Mortgaging of Aircraft and Aircraft Engines Regulations, 2012 to complement the recently enacted Mortgaging of Aircraft and Aircraft Engines Act, 2011 (No. 5 of 2011). Additionally, Madam Speaker, plans are now in place to update the Aerodrome Regulations, which have been in place since 1976.

The Fire and Rescue Services Act 1986 is being amended as part of the Department’s work plan, Madam Speaker, to address areas such as controlled burning and the introduction of necessary penalties to enforce safe practices.

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Madam Speaker, though the Telecommunications Act of 2006 is considered relatively new, it is recognised that this sector is evolving at a rapid pace. It is therefore important to regulate the sector continuously in alignment with international best practices. For these reasons, Madam Speaker, it is now an opportune time to amend certain key segments of this important piece of legislation.

Given the increasing consumer demands that are being placed on our water systems daily, the introduction of legislation to assist with the development and management of water systems in our Territory is a must. The draft Water Bill is designed to address certain problems that continue to plague our systems of operation and is currently being reviewed by the Ministry.

In an effort to continue to protect our environs from hazards such as oil spills, the Petroleum Regulations (Cap. 128) have been updated over the past year and a separate Bill, namely the Virgin Islands Oil Discharge Prevention Liability and Compensation Bill, will be introduced. The intent of this Bill, Madam Speaker is to address oil spills, dangers of transporting hazardous materials, penalties for violations as well as the introduction of a license fee structure to protect our natural resources.

This draft is currently being reviewed by several governmental agencies. Its passage is anticipated within the next several months.

Madam Speaker, the Taxi and Livery Commission is now fully functional, with a Board and Secretariat that is staffed to regulate this industry. This is essential in supporting the work of the Department of Motor Vehicles. Another vital arm of the legal framework that is now being put in place is the Traffic Wardens Bill which is now in draft form and being reviewed by the Ministry.

While on the subject of roads, Madam Speaker, the Road Ordinance (Cap. 217) has been in existence for some time and no longer adequately supports the needs of the Territory as it was intended to in some areas. This is an important piece of legislation that the Department of Public Works depends on in the daily execution of its duties. A revised Act, Madam Speaker, will introduce a proper structure for the management of our road network.

Madam Speaker, the Wickham’s Cay Development Authority was recently transferred to the Ministry of Communications and Works. Given the complexities of operating the Authority, it is important to have a proper legal framework in place. Madam Speaker, over the next several months, the Ministry will focus its attention on amending the Wickham’s Cay Authority Act 1975 (Cap. 281) in an effort to upgrade the fee structure, lease agreement terms as well as the constitution of the Board.

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Madam Speaker, the subject of alternative energy will continue to be a priority for my Government through many initiatives that are being created to increase public awareness and education. It is also important to have the proper legislative support for such initiatives. For these reasons, among others, Madam Speaker, the Ministry of Communications and Works will work closely with the BVI Electricity Corporation to modernise components of the Electricity Ordinance (Cap. 277), that will allow for changes such as inter-connecting renewable energy alternatives onto the grid.

Revising electrical inspection procedures, permits and fees is also seen as important.

All in all, Madam Speaker, my Government fully recognises the importance of modernising legislation in key areas as a way of enhancing the Territory’s infrastructure and promoting a better quality of life for its residents.

This is an ambitious programme, Madam Speaker. However, my Government pledges to work steadfastly in order to complete the task ahead.

Thank you Madam Speaker.

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