Order Paper for Feb 12 2013 HOA

SIXTH SITTING OF THE SECOND SESSION OF THE SECOND HOUSE OF ASSEMBLY OF THE VIRGIN ISLANDS

TO BE HELD ON TUESDAY 12th FEBRUARY, 2013 AT THE HOUSE OF ASSEMBLY ROAD TOWN, TORTOLA AT 10:00 A.M.

ORDER OF THE DAY

ORDER OF THE DAY 1)

Prayers

2)

Confirmation of Minutes 

Confirmation of Minutes for the Meeting of Monday 17th and Tuesday 18th December, 2012.

3)

Announcements by the Speaker

4)

Statements by Ministers

5)

Presentation of Papers a)

b)

The Premier and Minister of Finance to lay on the Table the following documents: i)

Statutory Instrument 2012 No. 59 Stamps (Diamond Jubilee of Her Majesty Queen Elizabeth II) Order, 2012; and

ii)

Premier’s Office Annual Report 2011.

The Minister for Health and Social Development to lay on the Table the following document: British Virgin Islands Health Services authority Financial Statements for the years ended September 30, 2011 and September 30, 2010.

c)

6)

The Minister for Communications and Works to lay on the Table the following documents: i)

British Virgin Islands Electricity Corporation 2005 Annual Report;

ii)

British Virgin Islands Electricity Corporation 2006 Annual Report; and

iii)

Statutory Instrument 2012 No. 62 Statutory Rates, Fees and Charges (Amendment of Schedule) Order, 2012.

Notices of Motions Given Orally a)

The Premier and Minister of Finance to give notice that at a later stage in the proceedings, he would seek leave to move the Motions standing in his name under Items 8(1)(i) through (iii) and (v) through (vi) on the Order of the Day.

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7)

b)

The Honourable Minister for Health and Social Development to give notice that at a later stage in the proceedings, he would seek leave to move the Motions standing in his name under Item 8(1)(iv) on the Order of the Day.

c)

The Honourable Minister for Communications and Works to give notice that at a later stage in the proceedings, he would seek leave to move the Motions standing in his name under Item 8(1)(vii) on the Order of the Day.

d)

The Member for the Third District to give notice that at a later stage in the proceedings, he would seek leave to ask the questions standing in his name under Items 7(i) through (iv) on the Order of the Day.

e)

The Member for the First District to give notice that at a later stage in the proceedings, he would seek leave to ask the questions standing in his name under Item 7(v) and (vi) on the Order of the Day.

Questions and Answers to Questions i)

The Member for the Third District to ask the Honourable Premier and Minister of Finance the following questions: Question 1 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House: a)

if the actions taken by the Ag. Commissioner of Police regarding the hiring and promoting of police officers under the Governor's Constitutional delegation of powers were done in accordance with the advice of the Police Service Commission? and

b) who were the officers affected in each category?

Question 2 Madam Speaker, could the Honorable Premier and Minister of Finance please present this Honorable House with the remuneration package, together with any and all other benefits the substantive holder of the post of Commissioner of Police received just prior to going on leave.

Question 3 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House whether as required by the Protocols he has obtained from the Secretary of State written approval before:

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a)

completing the Medium Term Fiscal Plan (MTFP)? and

b) proceeding with any new projects with a lifetime forecasted value of more than 5% (in our case 4%) of the annual forecasted Recurrent Revenue?

Question 4 Madam Speaker, with regard to Question 3 above, could the Honourable Premier and Minister of Finance please present this Honourable House with: a)

a copy of the approval from the Secretary of State, along with his MTFP; and

b) a copy of the approval from the Secretary of State for each of the projects such approval has been granted for?

Question 5 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House whether as provided for by the Protocols the Government of the United Kingdom has to date requested any of the following: a)

details on the composition of debt?

b) updates on capital projects? and c)

details of proposed capital investments, PFI, PPP, and alternative forms of private finance? and

d) if the answer to any of the above questions is yes, could he please furnish this Honourable House with the information sent to the United Kingdom?

Question 6 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House whether: a)

his Government, or any of the Statutory bodies under his Portfolio entered into or executed any contracts or agreements with the TORTOLA PIER PARK GROUP or any other group or company for the development, expansion or improvement of the cruise pier and adjacent property at Wickhams Cay I, prior to the said development being put out to tender? and

b) if the answer to a) is yes, could you please furnish this Honorable House with a copy of all such contracts or agreements?

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Question 7 Madam Speaker, could the Honourable Premier and Minister of Finance please provide this Honourable House with copies of the following:

ii)

a)

the application to the Town and Country Planning Department for approval to Develop the East End Long Look Harbour;

b)

the application to the Town and Country Planning Department for approval to Develop the extension of the Cruise Ship Pier.

c)

the application to the Town and Country Planning Department for approval to Develop the Land side of the Cruise Ship Pier.

d)

the application to the Town and Country Planning Department for approval to Develop the beach and related amenities at Smugglers Cove.

The Member for the Third District to ask the Honourable Minister for Health and Social Development the following question: Question 1 Madam Speaker, could the Minister for Health and Social Development please tell this Honourable House: a)

where his Ministry and the Health Services Authority currently stand in their efforts to effectively staff the new Peebles Hospital?

b) what the required complement of professional staffing will be, broken down by specialty, such as Nurses, Doctors, etc. and c) iii)

how many of these professionals currently exist in the current Hospital?

The Member for the Third District to ask the Honourable Minister for Communications and Works the following questions: Question 1 Madam Speaker, could the Minister for Communications and Works please tell this Honourable House: a)

the market value of the Baughers Bay water plant?

b) the revenue earning potential of the Baughers Bay water plant if it is to receive a government commission similar to other water plants on Tortola? c)

what quantity of water was supplied to government from the Bar Bay Plant

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for each month of 2012, and how much did it cost the government per 1000 gallons? d) what quantity of water was supplied to government from the Sea Cows Bay Plant for each month of 2012, and how much did it cost the government per 1000 gallons? e)

what quantity of water was supplied to government from the Baughers Bay Plant for each month of 2012, and how much did it cost the government (in terms of actual billings) per 1000 gallons?

Question 2 Madam Speaker, could the Minister for Communications and Works please tell this Honourable House: a)

the number of contracts issued for infrastructural works, including road works and civil mitigation works, in each of the nine Districts since taking office in 2011? and

b) present this Honourable House with a simple chart indicating the Title of each Contract; its value; whether it was paid; and the associated sub-head from which it was/will be paid.

Question 3 Madam Speaker, could the Minister for Communications and Works please tell this Honourable House: a)

if, after informing this Honourable House that regular visits as stipulated by the Biwater Agreement were not being made to the construction site/sites in order to ensure that the construction is in compliance with the Designs, whether he has instituted such a program? and

b) if the answer to a) is yes, who is doing the verification on the Government’s behalf?

Question 4 Madam Speaker, could the Minister for Communications and Works please tell this Honourable. House whether: a)

his Ministry, or any of the Statutory bodies under his Portfolio entered into or executed any contracts or agreements with the TORTOLA PIER PARK GROUP or any other group or company for the development, expansion or improvement of the cruise pier and adjacent property at Wickhams Cay I,

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prior to the said development being put out to tender? and b) if the answer to a) is yes, could you please furnish this Honourable House with a copy of all such contracts or agreements?

Question 5 Madam Speaker, could the Minister for Communications and Works please tell this Honourable House whether: a)

the company with the winning bid on the expansion of the cruise pier and the development of the adjacent property at Wickhams Cay I, has any Belonger interest in its ownership?

b) if the answer is yes, please give this Honorable House the percentage of such ownership interest; c)

the name of the interest holders; and

d) the company with the winning bid is in partnership with any local company, and if yes, which local company.

Question 6 Madam Speaker, could the Minister for Communications and Works please tell this Honourable House whether: a)

BiWater BVI has received all the necessary permits in order to access raw water by open well?

b) if the answer to a) is yes, where was the access granted to? and c)

if the answer to a) is no, please tell this Honourable House what approvals were given, which ones were not, and why not?

Question 7 Madam Speaker, could the Minister for Communications and Works please tell this Honourable House whether: a)

BiWater BVI has, in accordance with the Water Purchase Agreement, received the necessary electrical supply from the BVI Electricity Corporation to produce water at Paraquita Bay?

b) if the answer to a) is no, could you please tell this Honourable House why not, and what are the consequences for not complying?

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Question 8 Madam Speaker, could the Minister for Communications and Works please tell this Honourable House whether: a)

There is any change in date for the delivery of water into the Government's distribution system by BiWater BVI since the date given at the Eight Sitting of the First Session of the Second House of Assembly? And

b) if there is a change, could you please give this Honourable House the revised date, together with the BiWater report containing such information. iv)

The Member for the Third District to ask the Honourable Minister for Education and Culture the following questions: Question 1 Madam Speaker, could the Minister for Education and Culture please tell this Honourable House: a)

the number of persons hired by his Ministry under consultancy contracts to perform as employees outside the ambit of the Public Service Commission; and

b)

the terms and conditions of their contract?

Question 2 Madam Speaker, could the Minister for Education and Culture please tell this Honourable House: a)

whether the H. Lavity Stoutt Community College has submitted to his Ministry the necessary invoices to recoup the reported $2,747,947 owed through the Tuition Assistance Program from the second half of 2009 up to 2011?

b)

whether the Ministry has given a reason for not addressing the matter, and if yes, what was the reason given?

c)

whether he has now addressed the matter since notifying this Honourable House; and

d)

if the answer to c) is yes, how? and if the answer is no, why not?

Question 3 Madam Speaker, could the Minister for Education and Culture please tell this Honourable House: a)

the status of the proposed security fencing at Her Majesty's Prison?

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v)

b)

whether any contracts were issued for the proposed security fencing at the Prison? and

c)

if the answer to b) is yes, could you please present this Honourable House with those contracts?

The Member for the First District to ask the Honourable Premier and Minister of Finance the following questions:

Question 1

Madam Speaker, could the Honourable Premier and Minister of Finance please provide this Honourable House with the names and amounts paid to settle the over 10 years dispute between the subcontractors and Phillip Holzmann and/or all other prime contractors engaged by the Government of the Virgin Islands on the then Beef Island International Airport expansion project, now the Terrence B. Lettsome International Airport?

Question 2

Madam Speaker, could the Honourable Premier and Minister of Finance please inform this Honourable House whether or not a Court Order directing the Government of the Virgin Islands to make disbursements from the funds received in the Performance Bond of the main contractor Phillip Holzmann and/or all other prime contractor(s) on the then Beef Island International Airport expansion project had been issued or served on the Government of the Virgin Islands?

Question 3

If the answer to Question 2 is no, then Madam Speaker could the Honourable Premier and Minister of Finance please inform this Honourable House what the basis was for the disbursement by the Government of the Virgin Islands of disputed payments to the subcontractors of Phillip Holzmann or other primary contractors on the then Beef Island International Airport expansion project?

Question 4

Madam Speaker, could the Honourable Premier and Minister of Finance please confirm for this Honourable House whether or not the payments made to subcontractors to settle the disputes mentioned above have or are intended to be approved by the House of Assembly?

Question 5

If the answer to Question 5 is in the negative, then Madam Speaker could the Honourable Premier and Minister of Finance please confirm for this Honourable 9

House if the Constitution of the Virgin Islands allows for special classes of Funds to be received and expended by Government without approval by the House of Assembly?

Question 6

Madam Speaker, could the Honourable Premier and Minister of Finance please confirm for this Honourable House whether or not all past, present or future disputes between subcontractors and prime contractors engaged by the Government of the Virgin Islands would be settled in like manner? vi)

The Member for the First District to ask the Honourable Minister for Communications and Works the following questions: Question 1

Madam Speaker, given that the Minister of Communication and Works has informed this Honourable House that there would be a ceiling of Five Million Dollars to be expended on the West End/Sopher’s Hole Port of entry project, could the Minister confirm whether or not the design plans have been finalized and a complete Bill of Quantity submitted to the Ministry of Communication & Works?

Question 2

Madam Speaker, if the answer to Question 1 is yes, then would the Minister for Communications and Works please provide this Honourable House with a copy of the final drawings for perusal by Members?

Question 3

Madam Speaker, if the answer to Question 1 is no, then would the Minister of Communication and Works please apprise this Honourable House of the basis on which a ceiling of Five Million Dollars for expenditure on the said project has been reached or attained?

Question 4 a)

Madam Speaker, given that the residences and customers of the First District in general and of Belmont Estate in particular have either been sporadically supplied with water and in most cases have been without any water supply especially more-so in recent times, could the Minister of Communication and Works please confirm for this Honourable House what specific measures have been or are being taken to remedy this situation?

b)

Furthermore, Madam Speaker, could the Minister of Communication and Works please inform this Honourable House of the estimated date for the 10

completion of repair works and for the constant supply of water to the said residences?

8)

Public Business 1)

Government Business Introduction and First Reading (i)

The Premier and Minister of Finance to move a motion for the Introduction and First Reading of the Bill entitled, “ Police (Amendment) Act, 2013”;

(ii)

The Premier and Minister of Finance to move a motion for the Introduction and First Reading of the Bill entitled, “Authorisation of Surveillance Devices Act, 2013”;

(iii)

The Premier and Minister of Finance to move a motion for the Introduction and First Reading of the Bill entitled, “Trade Marks Act, 2013”;

(iv)

The Minister for Health and Social Development to move a motion for the Introduction and First Reading of the Bill entitled, “Infectious Diseases (Notification) Act, 2012.

Second and Third Readings (v)

The Premier and Minister of Finance to move a motion for the Second and Third Readings of the Bill entitled, “Disaster Management Act, 2011”;

(vi)

The Premier and Minister of Finance to move the following motion: WHEREAS section 67(3)(e) of the Virgin Islands Constitution Order, 2007 (U.K.S.I. 2007 No. 1678) provides that subject to subsection (7), an elected member of the House of Assembly shall vacate his or her seat if the member becomes a party to a contract with the Government of the Virgin Islands for or on account of the public service, or if any firm in which the member is or becomes a partner, or a company of which the member is or becomes a director or manager becomes a party to a contract with the Government of the Virgin Islands; WHEREAS section 67(7) provides that if in the circumstances it appears just to do so, the House of Assembly may exempt an elected member from vacating his or her seat under subsection (3)(e) if the member, before becoming a party to a contract with the Government, or before or as soon as practicable after becoming otherwise interested in a contract, discloses to the House of Assembly the nature of the contract and his or her interest in the contract or in any firm or company involved in the

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contract; WHEREAS the Honourable Ralph T. O’Neal, OBE, Leader of the Opposition, is an elected member of the House of Assembly; WHEREAS the Honourable member is the registered proprietor of approximately two acres of land at The Valley, Virgin Gorda described as Parcel 131 of Block 4840B of Virgin Gorda South Registration Section, who is desirous of leasing the property to the Government of the Virgin Islands to be used as the Agricultural Station at Virgin Gorda; WHEREAS the Honourable member is one of two registered proprietors of approximately ten acres of land at The Valley, Virgin Gorda, who is desirous of leasing the property as a Holding Ground to the Government of the Virgin Islands to be used for keeping stray animals until the animals can be transported to the stock farm at Paraquita Bay, Tortola; WHEREAS the Honourable Member has disclosed to the House of Assembly his desire to provide these services to the Government of the Virgin Islands; AND WHEREAS Dr. the Honourable D. ORLANDO SMITH, OBE, the Premier and Minister of Finance has by motion moved the House of Assembly to exempt the Honourable Ralph T. O’Neal, OBE, Leader of the Opposition from vacating his seat as an elected member of the House of Assembly; NOW THEREFORE, BE IT RESOLVED that the House of Assembly of the Virgin Islands exempts the Honourable Ralph T. O’Neal, OBE, Leader of the Opposition from vacating his seat as an elected member of the House of Assembly. (vii)

The Minister for Communications and Works to move the following motion: WHEREAS section 3(1) of the Statutory Rates, Fees and Charges Act, 2005 (No. 28 of 2005) (“the Act”) provides that the Cabinet may, by means of an Order amending the Schedule, exercise a power given to the House of Assembly, the Governor, the Governor in Cabinet or Cabinet, a Minister or any other person or statutory body (a) to impose or vary rates, fees or other charges, (b) to grant exemptions with respect to rates, fees or other charges, (c) to approve the imposition or variation of rates, fees or other 12

charges or the granting of exemptions with respect to rates, fees or other charges, whether by resolution, regulations, Order or other statutory instrument and whether on the advice or recommendation of, or after consultation with, any person, body or authority; WHEREAS section 3(2) of the Act provides that where such an Order is made it shall be subject to an affirmative resolution of the House of Assembly; WHEREAS the Cabinet, in exercise of the powers conferred on it by section 3(1) of the Act, made the Statutory Rates, Fees and Charges (Amendment of Schedule) Order, 2012 (“the Order�), on the 11th day of December, 2012 to repeal and replace in Part 13 of the Schedule, By-law 18 and the Fourth Schedule; WHEREAS the Order was published in the Gazette on the 20th day of December, 2012 by way of advanced notice; AND WHEREAS the Order is laid on the Table of the House of Assembly on the day of , 2013; NOW THEREFORE, BE IT RESOLVED that the House of Assembly of the Virgin Islands approves the Order laid on the Table of the House of Assembly on the day of , 2013 and the said Order shall come into force on the day of , 2013.

2)

Private Members Business

9)

Other Business

10)

Adjournment

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