2013 speech from the throne

SPEECH FROM THE THRONE DELIVERED BY HIS EXCELLENCY THE GOVERNOR MR. BOYD McCLEARY, CMG, CVO First Sitting of the Third Session of the Second House of Assembly Theme: Moving Forward Strategically House of Assembly Chamber Monday, 7th October, 2013 10:00 a.m.

Madame Speaker, Members of the House of Assembly, ladies and gentlemen, Good Morning.

Madame Speaker, I am here today, at the invitation of this Honourable House, to deliver the third Speech from the Throne on behalf of Her Majesty The Queen, in whom the executive authority of the British Virgin Islands is vested.

Therefore references in this speech to “My Government” are references to Her Majesty’s Government in the Virgin Islands, that is to say your Government.

Madame Speaker, my Government continues to make decisions on behalf of the people of these Virgin Islands guided by seven broad areas: 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 7. Re-establishing/Strengthening Regional and International Relations Progress in these areas is intended to ensure that the Virgin Islands advance to a level of development where all residents will be able to enjoy: 1.

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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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Madame Speaker, my Government will continue to pursue these priority areas 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.

I would like first to inform this Honourable House of those pieces of legislation that have been passed since my Government took up office in November 2011.

Madame Speaker, in 2012, the following pieces of legislation were passed: 1. Customs Management and Duties (Amendment) Act 2. Appropriation Act 3. Marriage (Amendment) Act 4. Recreation Trust (Amendment) Act 5. BVI Business Companies (Amendment) Act 6. Employee Mobility Act 7. Proceeds of Criminal Conduct (Amendment) Act 8. Social Security (Amendment) Act 9. Public Finance Management (Amendment) Act 10. Non-Profit Organisations Act 11. Mutual Legal Assistance (Tax Matters) (Amendment) Act 12. Partnership (Amendment) Act 13. Securities and Investment Business (Amendment) Act Madame Speaker, in 2013, the following pieces of legislation were passed: 1. Police (Amendment) Act 2. Infectious Diseases (Notification) Act 3. Youth Courts (Amendment) Act 4. Trust Corporation (Probate and Administration) (Amendment) Act 5. Banks and Trust Companies (Amendment) Act 6. Trustee (Amendment) Act 7. Virgin Islands Special Trusts (Amendment) Act 8. Medical (Amendment) Act 9. Trade Marks Act 10. Mutual Legal Assistance Tax Matters (Amendment) Act 11. Authorisation of Surveillance Devices Act I would now turn to my Government’s 2014 plans to strengthen the legal framework further by upgrading and introducing a number of acts, regulations, policies and initiatives.

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Madame Speaker, in stimulating and fixing the economy, my Government will continue to move forward strategically with: 1. Seeking to amend the Hotel Aid Ordinance (CAP. 290) in order that local businesses benefit from the sale of goods that are purchased under the grant of Hotel Aid. 2. My Government will also seek to amend the Pioneer Services Act (CAP. 297) and the Encouragement of Industries Act (CAP. 287) to improve the marketing of investment incentives and to ensure that the tourism sector remain competitive in the global marketplace.

3. In considering the pivotal role of the BVI in international trade and commerce in the context of companies incorporated or established in the BVI, and to position the BVI as an international centre for the settlement of commercial disputes, my Government will introduce a Bill to amend the Arbitration Act (CAP. 6), which will enable this Territory to develop as an international centre for arbitration.

Madame Speaker, as my Government moves forward strategically into this new Sitting, to improve the Standard of Living for all they will: 4. Introduce a Freedom of Information Bill to provide the public with the right of access to information in the possession of public authorities, making available to the public, information about the operations of public authorities and, in particular, ensuring that the authorisations, policies, rules and practices affecting members of the public in their dealings with public authorities are readily available to persons affected by those authorisations, policies, rules and practices. Madame Speaker, we believe that a framework for accessing information by the public is imperative for good governance and transparency.

5. My Government will introduce environmental management legislation to regulate the discharge of sewage by boats and to ensure that the proper landside facilities are in place to handle waste.

6. My Government will incorporate a Beach Policy and Management Use Policy into the revised Beach Protection Act (CAP. 223) to promote the beautification, landscaping and maintenance of beaches, and to help address and better control activities on the Territory's beaches.

7. Madame Speaker, my Government will introduce modern legislation on the trade of endangered plant and animal species to replace the outdated Endangered Animals and Plants Act (CAP. 89).

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8. My Government will seek to amend the Agricultural Small Holdings Act (CAP. 83) which covers all leased crown land, so that the Act addresses the issues of the 21st Century.

9. In order to regulate transportation, storage and disposal of pesticides, my Government will introduce a Pesticides Bill to require education and training on responsible pesticide use and provide for monitoring and the enforcement of compliance.

10. A Veterinary Bill will be introduced to make fresh provision for the management of the veterinary profession, for the registration of veterinary surgeons and veterinary practitioners, for regulating their professional education and professional conduct and for cancelling or suspending registration in cases of misconduct; and for connected purposes.

11. The Plant Protection Act (CAP. 93) will be amended to prevent the importation, exportation and spread of pests injurious to plants and to provide for their control and eradication and for the certification of plants.

Madame Speaker, my Government will continue to move forward strategically by embarking on a range of modern legislation to improve overall social services programmes and healthcare in the Territory.

In fact, Madame Speaker, my Government is happy to say that the exciting process of transforming our health system is now well underway in the form of a holistic health strategy.

12. My Government will introduce an amendment to the Social Security Ordinance (CAP. 266) to govern the establishment and operation of a National Health Insurance System. This will enable all our people to finally access affordable, high-quality healthcare without risking financial hardship or catastrophe; while ensuring continuous reinvestment and strengthening of our domestic healthcare system.

13. A Hospitals and Healthcare Facilities Licensing Bill will be brought before this Honourable House to ensure that high-quality care is consistently delivered from all public and private establishments.

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14. Madame Speaker, the Hospital Regulations, which date back to 1927, will also be revised to address minimum standards for operation and efficiency, and the regulation of fees within defined policy parameters. These changes would allow for cost recovery from patients and third party payers, while safeguarding the necessary access to services for those who are unable to pay.

15. During this Session, my Government will also introduce amendments to the Medical Act, 2004 (CAP. 183) to provide greater clarity as to the powers of the Medical and Dental Council and to establish a process of annual licensing based on established requirements.

16. Madame Speaker, to further strengthen the Territory’s capacity to prevent and control the spread of infectious diseases and other health threats, and bring our domestic laws into compliance with the International Health Regulations, my Government will amend the Quarantine Act (CAP. 196).

17. My Government will also introduce new Ships and Aircrafts Regulations; and a new Importation and Exportation of Human Remains Bill.

18. Also, on the legislative agenda for the coming session is a revision to the Mental Health Act (CAP. 191) to expand the scope and range of prevention, treatment, and rehabilitation services provided, including in the area of substance abuse.

This new Act, together with the forthcoming Mental Health Policy, will lead to improved organisation and quality of service delivery, and will support my Government’s efforts to reduce the impact of mental health problems, while assuring the promotion and protection of fundamental human rights.

19. Madame Speaker, the time is ripe for our Territory to strengthen its system of laws and policies that recognise children’s right to special protection and care. In this vein, a Maintenance of and Access to Children Bill will be introduced to enhance and protect the lives of children, by ensuring that they are properly provided for, and are able to maintain relationships with both their parents through appropriate access arrangements.

20. Madame Speaker, after extensive community consultation, research, and examination of our human rights obligations, a Status of Children Bill has been prepared, and will shortly be brought forward to remove the legal distinction between the status of children born in wedlock and those born outside of wedlock. This landmark legislation will finally bring to an end the discriminatory practice of labeling children “illegitimate" and meting out unequal treatment to such children.

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21. My Government will also introduce a Human Rights Commission Bill, as envisaged in Section 34 of the Virgin Islands Constitution Order 2007.

22. Madame Speaker, in order to bring about a more holistic and dignified approach to providing assistance to individuals and families whose income is insufficient to meet their basic needs, my Government will amend the Public Assistance Ordinance (CAP. 265).

23. My Government will also introduce a Registration of Births and Deaths (Amendment) Bill to provide, inter alia, for the registration of stillbirths in the Territory, and for the issuance of an interim birth certificate by a medical examiner or physician at the hospital.

Madame Speaker, in moving forward strategically towards building a better Virgin Islands, my Government will continue to work on strengthening the Educational Sector.

24. My Government will review the Education Act 2004 to encourage greater involvement of the community in the governance and management of our schools.

25. In introducing modern Information and Communications Technology to the Territory’s schools, my Government will introduce the necessary legal and regulatory framework to govern the use of technology in our education management information systems.

26. Madame Speaker, my Government is undertaking a review of the Prison Ordinance (Cap 166) to bring it up-to-date and to support the rehabilitation of inmates. The legislation will be designed to underpin a new regime founded on the principle of rehabilitation to reduce re-offending.

27. My Government will revise the Library Act (CAP. 117) to ensure that our library is in keeping with all the changes taking place in our world and ensuring that the new modes of information management are involved in the way it operates.

28. My Government will introduce legislation for the establishment of a Sports Council and a Youth Council. Additionally, we will develop a National Youth Policy and a National Sports Policy to ensure appropriate governance and management of the two areas.

29. My Government will work with the H. Lavity Stoutt Community College in amending the College Act (CAP. 1990) so that it is in line with current higher education expectations and realities.

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30. Another key piece of legislation to be reviewed, Madame Speaker, is the Scholarship Trust Fund Board Ordinance (CAP. 118) and Regulations. These pieces of legislation have been in existence since 1987 and 1972 respectively and must be revised to ensure they are aligned with modern times.

Madame Speaker, my Government will take a number of steps to enhance the law in these Virgin Islands: 31. My Government will introduce amendments to the Immigration and Passport Ordinance (CAP. 130) to bring this legislation in line with the 2007 Constitution; to 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.

32. My Government is well on its way with the consolidation of laws project. This project, when completed will update the entire body of laws of legislation in the Virgin Islands.

33. Additionally, Madame Speaker, My Government will introduce a Bill to amend the Interpretation Act (CAP. 136) in order to bring the definitions in that legislation up- to-date.

34. My Government will review sentencing guidelines for gun-related crimes. As such, during this session my Government will seek to amend the Firearms Ordinance (CAP. 126) to ensure mandatory sentencing for illegal use of firearms and ammunition.

Madame Speaker, my Government will embark on an urgent and important review of several pieces of legislation to improve public Sector Reform, communications and infrastructure.

35. My Government will introduce a Data Protection Bill to provide for the protection of the privacy rights of individuals in view of the developments in the techniques used to capture, transmit, and manipulate, record or store data relating to individuals and for related matters.

36. My Government will re-introduce the Virgin Islands Disaster Management Bill to establish a legal framework for a comprehensive approach to disaster management in the Territory.

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37. My Government will introduce the Public Service Bill to put in place the necessary legal framework to support the policies that govern the public service, for example, the Public Service Code (General Orders).

38. My Government will introduce Architects Bill and Engineers Bill to guide the fields of Architecture and Engineering, in light of the fact that these professions impact infrastructural development at the very foundation.

39. My Government will also re-introduce the Legal Professions Bill to determine the requirements for practice of the profession after formal legal education and to govern the conduct of legal practitioners.

40. The Road Ordinance (CAP. 217) has been in existence for some time and no longer fully supports the needs of the Territory. Madame Speaker, my Government will revise the Act so that it creates a proper structure for the management of the Territory’s road network and enhance public safety.

41. Keen attention will be given to ensure that amendments are made to the Fire & Rescue Services Act (CAP. 164) to establish a Fire Code, address controlled burning, and introduce the necessary penalties to enforce safe practices.

42. Madame Speaker, my Government will revise and amend the Telecommunications Act, to ensure that the legislative framework enables effective regulation of the telecommunications sector.

43. My Government will introduce a Water and Sewerage Bill, a comprehensive piece of legislation to assist with the development and management of water and sewerage systems.

44. An Amendment to the Petroleum Regulations (CAP. 128) is necessary to allow for more stringent enforcement of oil spill policies. This amendment will also make provisions for violators to take responsibility for such incidents, comply with proper clean-up procedures and also undertake the associated costs.

45. My Government will also seek to amend the Prevention of Oil Pollution Act 1971 (Overseas Territories Order 1982) which is now under review in collaboration with the relevant agencies. Additionally, new legislation will be introduced to address oil spills, dangers of hazardous materials, penalties for violations, permit/license fee structures and the protection of territorial natural resources.

46. The Wickham’s Cay Authority Act (CAP. 281) will be reviewed in order to best address existing issues such as fee structures, lease agreements and the constitution of a Board.

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47. In an effort to allow for instances such as interconnecting renewable energy alternatives onto the grid, monitoring and a reduction of the Territory’s reliance on fossil fuel and its carbon footprint, my Government, in exploring the various options available in the area of alternative energy, will continue to work closely with BVI Electricity Corporation towards the modernisation of the Electricity Ordinance (CAP. 277).

48. Finally, Madame Speaker, in moving forward strategically, my Government will continue to ensure those healthy and productive relationships between Virgin Islands and the rest of the world are developed as it is fundamental to our quality of life and it is critical now more than ever. The effectiveness of these relationships will determine the Territory’s economic and by extension, social success and more importantly, solidify our global positioning.

This is an ambitious programme, Madame Speaker. But all in all, my Government fully recognises the importance of modernising legislation in key areas as a way of building a better Virgin Islands.

My Government pledges to work steadfastly in order to complete the task ahead.

Thank you Madame Speaker.

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