Order Paper 25 April

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

TO BE HELD ON THURSDAY, 25TH APRIL, 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 Tuesday, 12th February, 2013; and



Confirmation of Minutes for the Meeting of Thursday, 4th April, 2013.

3)

Announcements by the Speaker

4)

Statements by Ministers

5)

Presentation of Papers a)

The Premier and Minister of Finance to lay on the Table the following document: A Report on Caribbean Statistics Day 2012 Celebrations in the Virgin Islands.

b)

6)

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

Telephone Services Management Unit Annual Report 2010;

ii)

Telephone Services Management Unit Annual Report 2011; and

iii)

BVI Electricity Corporation 2007 Annual Report.

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)(ii) through (viii) on the Order of the Day.

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 Motion standing in his name under Item 8(1)(i) on the Order of the Day.

c)

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 Items 7(i) on the Order of the Day.

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d)

7)

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(ii) through (iv) on the Order of the Day.

Questions and Answers to Questions i)

The Member for the First District to ask the Honourable Premier and Minister of Finance the following questions: Question 1 Madam Speaker, given that the Government of the Virgin Islands made discounted payments to subcontractors of Phillip Holzman for claims made against Phillip Holzman in 2002 for works on the then Beef Island International Airport expansion project, now the Terrence B. Lettsome International Airport and given that an undertaking was made in this Honourable House to investigate the matter further, would the Honourable Premier and Minister of Finance please inform this Honourable House of the Order made by the High Court Judge on Claim No. BVIHCV 2002/2011 filed by Autland Heavy Equipment & Construction Limited against Phillip Holzman International/NORD France El JV and more specifically whether or not payment to the plaintiff was awarded by the courts?

Question 2 Madam Speaker, would the Honourable Premier and Minister of Finance please tell this Honourable House whether or not High Court Claim No. BVIHCV 2002/2011 filed by Autland Heavy Equipment & Construction Limited against Phillip Holzman International/NORD France El JV has been settled or discharged?

Question 3 Madam Speaker, if the answer to question two is no, then would the Honourable Premier and Minister of Finance please tell this Honourable House what was the basis used by his Government to make the payments to the sub-contractors of Phillip Holzman and whether or not further claims are pending?

Question 4 Madam Speaker, would the Honourable Premier and Minister of Finance please tell this Honourable House if the contract awarded to PricewaterhouseCoopers to conduct a forensic audit of government Finances to which a report was laid and subsequently removed from this Honourable House was publicly tendered; short listed or if any other form of competitive bidding was conducted and if yes, please supply the names and amounts of each tender.

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Question 5 Madam Speaker, would the Honourable Premier and Minister of Finance please tell this Honourable House: a)

What was the contracted amount and dates of the contract to PWC to conduct a forensic audit of the government’s finances;;

b)

The amount and dates of each payment made to the company to date?

c)

If there exist any balance on the contract?

d)

If yes, how much is the said balance?

e)

Provide this Honourable House with a copy of the contract and engagement letter to PWC; and

f)

Provide this Honourable House with the Head and SubHead from which each such payment was made and the respective Ministry that originated the charge against the Head and SubHead for this project?

Question 6 Madam Speaker, given that the Public Finance Management Act was introduced and passed in 2005, could the Honourable Premier and Minister of Finance please tell this Honourable House if since re-taking office in November 2011 his government has engaged contractors on any capital project in a manner that could be referred to as contract splitting?

Question 7 Madam Speaker, if the answer is yes, then could the Honourable Premier and Minister of Finance please list the names of each project and the Ministry from which payments for the project was or is being paid?

Question 8 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House: a)

The overall cost expended by his government on works done since taking office in 2011 on the parking lot project across the road from the Peebles Hospital inclusive of all cost: material, technical expertise, and all soft and hard costs to date;

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b)

If the project was tendered;

c)

The amount of each contract and Purchase Order issued by the Government for the said project along with the respective contractor/company;

d)

Which Head and SubHead each payment was made from along with the respective Ministry from which each payment originated? and

e)

If the methodology used for this project could be considered as contract splitting?

Question 9 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House: a)

What is the overall cost expended by his government on works done since taking office in 2011 on the Craft Alive Project inclusive of all cost: material, technical expertise, and all soft and hard costs to date;

b)

If the project was tendered;

c)

The amount of each contract and Purchase Order issued by the Government for the said project along with the respective contractor/company;

d)

Which Head and SubHead each payment was made from along with the respective Ministry from which each payment originated? and

e)

If the methodology used for this project could be considered as contract splitting?

Question 10 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House: a)

What is the overall cost expended by his government on works done since taking office in 2011 on the Manse Road now named the Paul P. Wattley Road inclusive of all cost: material, technical expertise, and all soft and hard costs to date;

b)

If the project was tendered;

c)

The amount of each contract and Purchase Order issued by the

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Government for the said project along with the respective contractor/company; d)

Which Head and SubHead each payment was made from along with the respective Ministry from which each payment originated? and

e)

If the methodology used for this project could be considered as contract splitting?

Question 11 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House: a)

The overall cost expended by his government on works done since taking office in 2011 on the Senior Citizen Project including all roads, walls and earth works at Spooner’s and neighbouring areas inclusive of all cost: material, technical expertise, and all soft and hard costs to date?

b)

If the project was tendered;

c)

The amount of each contract and Purchase Order issued by the Government for the said project along with the respective contractor/company;

d)

Which Head and SubHead each payment was made from along with the respective Ministry from which each payment originated?

e)

If the methodology used for this project could be considered as contract splitting?

Question 12 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House the total cost to date expended on the construction of the new Peebles Hospital since his 2007 government signed to construct the project with Carimex inclusive of all costs technical/experts fees, etc.?

Question 13 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House the total Public Debt to date and what percentage of the said Public Debt is attributed to the funding for the total Hospital project?

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Question 14 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House: a)

If the United Kingdom has already given their approval in writing for the Cruise Ship Port Development Project and/or the T.B. Lettsome Airport runway expansion project;

b)

If the answer is in the affirmative, then Madam Speaker, could the Honourable Premier and Minister of Finance please provide this Honourable House with a copy of such approval for one or both of the mentioned project(s); and

c)

If the answer is not in the affirmative, then Madam Speaker, could the Honourable Premier and Minister of Finance please inform this Honourable House if his Government has, to date, sought in writing permission from the United Kingdom for either or both of the mentioned projects and provide copies of such to this Honourable House?

Question 15 Madam Speaker, as significant time has elapsed since it was announced that Mr. Winston Wilson has been engaged to work on the proposed expansion of the TB Lettsome International Airport, would the Honourable Premier and Minister of Finance please tell this Honourable House:

ii)

a)

The terms and conditions of the contract signed with Mr. Wilson and provide a copy of the contract;

b)

The total sum of monies paid to date to or on behalf of Mr. Wilson and provide details of each payment; and

c)

The Heads and Sub-Heads from which each payment was made to Mr.Wilson?

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 whether recent public statements by Members of his Cabinet regarding trade with the US Virgin Islands, specifically residents going to St. Thomas to shop, and musicians going to play music, is an indication that his

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Government has changed its attitude towards the US Virgin Islands from one of friendship through diplomacy, to one of confrontation by threats?

Question 2 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House if his Government is committed to any expansion of trade with the US Virgin Islands? If the answer is yes, what specific steps is he taking to advance this goal?

Question 3 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House what the annual trade value in terms of dollars is between the US and British Virgin Islands?

Question 4 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House if his Government is: a)

Making any steps to level the playing field for residents of Anegada and Jost Van Dyke in terms of cost of goods and services compared to Tortola and even Virgin Gorda; and

b)

If the answer to a) is yes, what specific steps are being taken to make this possible, and could he give some time lines.

Question 5 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House if the proposed Gun Creek Development Plan recently presented to the people in Virgin Gorda had any input from the District Representative?

Question 6 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House what were the revenues received from the FSC for each of the months January, February and March of 2013?

Question 7 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House why, unlike 2012 and years past, the revenue from the

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FSC is not identified in the Treasury Statements for 2013? iii)

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

The cost to Government from January 1st to March 31st, 2013 for the services of the company Sage Utilities Holdings at the Government owned Baughers Bay Water Plant?

b)

How the cost was apportioned based on service such as electricity, rent, etc; and

c)

If Sage Utilities Holdings is a share holder of Ocean Conversion.

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

What is the value of the contract with Sage Utilities Holdings and the Government to operate the Government owned Baughers Bay Water Plant over the six months period;

b)

Whether the Services/Project to operate the Government owned Baughers Bay Water Plant went through a Tendering and procurement process as required by the Protocols for Effective Financial Management which was signed on April 23rd, 2013; and

c)

If the answer to b) is yes, who were the participating Tenderers? and if the answer is no, could the Honourable Minister please tell this Honourable House, why not?

Question 3 Madam Speaker, could the Honourable Minister for Communications and Works please tell this Honourable House whether Sage Utilities Holdings ever operated a Water Plant in the BVI, if yes give the name of the Plant, its location and the period involved.

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

How long the construction work on the Georgy Hill Road has been on hold, and the reason for the holdup;

b)

Whether the project still has the original design engineer on board? If not why not, and who is the replacement engineer; and

c)

Was the earthwork on the project already contracted? If yes, to whom, and what was the dollar value?

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

What the scope of work for the company selected to carry out the project management services on the Caribbean Development Bank (CDB) Loan Funded Infrastructural Projects is?

b)

Whether the company will also be engineering projects as part of their obligations under their contract; and

c)

Provide this Honourable House with a copy of the contract.

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

Whether the Taxi and Livery Commission has its full complement of key personnel and is fully functional;

b)

How are the officers in the Commission, who are not Board Members being paid, given that they are not Civil Servants; and

c)

How many citations has the Commission issued to date?

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

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iv)

a)

What is the objective of the traffic device across Waterfront Drive adjacent to Crafts Alive?

b)

Has it accomplished its objective; and

c)

Is it completed, and what was the cost to install it?

The Member for the Third District to ask the Honourable Minister for Education and Culture the following questions: Question 1 Madam Speaker, could the Honourable Minister for Education and Culture please tell this Honourable House what if anything, is his Ministry and Department of Youth Affairs and Sports doing to assist the newly formed BVI Little League Baseball Association to develop Little League Baseball in the territory to the point where they could compete in regional and international tournaments.

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

Whether his ministry or anybody associated with the government is contemplating any major adjustments to the recently dedicated Greenland Field;

b)

If the answer is yes, what is the scope of the work, its cost and the reason for the work;

c)

How many different sports the Greenland Field was designed to accommodate, which ones are they, and how many different sports can perform simultaneously? and

d)

What was the total cost of the project, including property purchases?

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

If given the numerous requests, and the most recent incident at the last Triple Crown Races in January when the starting gate malfunctioned, he is prepared to show the government’s commitment to the promotion of the sport by giving the Horse Owners a New Starting Gate? and

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b)

Is he aware that the gate needs to be replaced?

Question 4 Madam Speaker, could the Honourable Minister for Education and Culture please tell this Honourable House: a)

The total cost expended by the Government for the function held for our hard working, dedicated and well deserving teachers in the Multipurpose Complex on Saturday, March 16th, 2013:

b)

If this will be an annual event? and

c)

If the event was budgeted for, and the Head and SubHead that each expense for the function was charged?

Question 5 Madam Speaker, could the Honourable Minister for Education and Culture please tell this Honourable House: a)

The total cost expended by the Government to date on the new Park being constructed in the Valley, Virgin Gorda inclusive of all hard and soft costs;

b)

If the project went through a Tendering and procurement process as required by the Protocols for Effective Financial Management which was signed on April 23rd 2013; and

c)

If the answer to b) is no, please provide a list of all contracts and purchase orders issued with the related costs and the associated Heads and SubHeads?

Question 6 Madam Speaker, could the Honourable Minister for Education and Culture please tell this Honourable House, the names and dates of all Ministry sanctioned or otherwise training, seminars, courses or conferences held in the territory or elsewhere within the last ten years to enhance the life and/or productivity of inmates and/or employees at Her Majesty’s Prison by the Government of the Virgin Islands?

Question 7 Madam Speaker, could the Honourable Minister for Education and Culture please tell this Honourable House:

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8)

a)

The total cost to train each principal/teacher in Hertfordshire County, United Kingdom in the two-week attachment reported in this House by the Minister, and recently launched by the Ministry of Education? and

b)

How much of that cost is being carried by the hosts, and how much is being carried by the Government of the Virgin Islands?

Public Business 1)

Government Business Introduction and First Reading

Second and Third Readings (i)

The Minister for Health and Social Development to move a motion for the Second and Third Readings of the Bill entitled, “Medical (Amendment) Act, 2013”;

(ii)

The Premier and Minister of Finance to move a motion for the Second and Third Readings of the Bill entitled, “Youth Courts (Amendment) Act, 2013”;

(iii)

The Premier and Minister of Finance to move a motion for the Second and Third Readings of the Bill entitled, “Trust Corporation (Probate and Administration) (Amendment) Act, 2013”;

(iv)

The Premier and Minister of Finance to move a motion for the Second and Third Readings of the Bill entitled, “Banks and Trust Companies (Amendment) Act, 2013”;;

(v)

The Premier and Minister of Finance to move a motion for the Second and Third Readings of the Bill entitled, “Trustee (Amendment) Act, 2013”;;

(vi)

The Premier and Minister of Finance to move a motion for the Second and Third Readings of the Bill entitled, “Virgin Islands Special Trusts (Amendment) Act, 2013”;;

(vii)

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

(viii) The Premier and Minister of Finance to move a motion for the Second and Third Readings of the Bill entitled, “Trade Marks Act, 2013”;;

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2)

Private Members Business

9)

Other Business

10)

Adjournment

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