Order Paper Feb 12 2015

THIRD SITTING OF THE FOURTH SESSION OF THE SECOND HOUSE OF ASSEMBLY OF THE VIRGIN ISLANDS

TO BE HELD ON THURSDAY, 12th FEBRUARY, 2015 AT THE HOUSE OF ASSEMBLY ROAD TOWN, TORTOLA AT 10:00 A.M.

ORDER OF THE DAY

ORDER OF THE DAY 1)

Prayers

2)

Administration of Oaths

3)

Confirmation of Minutes Confirmation of Minutes for the Meeting of 17th November, 2014

4)

Announcements by the Speaker

5)

Statements by Ministers

6)

Presentation of Papers a)

b)

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

Supervisor of Elections – General Elections Report 2011;

ii)

British Virgin Islands Financial Investigation Agency 2015 Budget Estimates;

iii)

British Virgin Islands Financial Investigation Agency – Annual Report 2013; and

iv)

Department of Information Technology – Annual Report 2013

The Minister for Health and Social Development to lay on the table the following document: 

Statutory Instrument 2015 No. 3 Social Security (Benefits) (Amendment) Regulations, 2015

c)

The Minister for Communications and Works to lay on the table the following document:  Department of Motor Vehicles – Annual Report 2013

d)

The Minister for Education and Culture to lay on the table the following documents: i) Library Services Department – Annual Report 2013; ii) Her Majesty’s Prison – Annual Report 2013; and 1

iii) Virgin Islands National Youth Policy and Strategic Framework 2014 2019

7)

8)

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 Item 9(1)(i),(ii),(iii),(v) and (vi) on the Order of the Day.

b)

The Minister for Communication 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 9(1)(iv),(vii), (viii) and (ix) on the Order of the Day.

c)

The Member for the Second 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 8(i) on the Order of the Day.

d)

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 8(ii), (iii), (iv) and (v) on the Order of the Day.

e)

The Member for the Third District to give notice that, at a later stage in the proceedings, he would seek leave to ask questions standing in his name under Item 8 (vi) through (ix) on the Order of the Day.

Questions and Answers to Questions i)

The Member for the Second District to ask the Honourable Premier and Minister of Finance the following questions: Question 1 Madam Speaker, would the Premier and Minister of Finance please tell this Honourable House if funding for the completion of the Cruise Pier Extension Project and the development of the upland by Tortola Pier Park was approved?

If the answer is yes, could the Premier and Minister of Finance inform this Honourable House by whom and the total cost of this Project?

Question 2 Madam Speaker, Section 36C(2)(e) of the Public Finance Management (Amendment) Act, 2012 states “a statement of existing public sector borrowing, including, i)

borrowing by statutory bodies, whether guaranteed by the Government or not; and

ii)

the amount, currency, date and origin of issue, maturity and interest 2

rate structure of each loan;� a) Madam Speaker, would the Premier and Minister of Finance please tell this Honourable House, with the recent decision by the BVI Ports Authority to fund the ongoing Pier Park Project with private sector investment of five thousand dollars or above, whether those investments are guaranteed by his Government? b) Madam Speaker, taking into consideration the risk factors that this may have on our financial services, such as money laundering and other financial implications, could the Premier and Minister of Finance please tell this Honourable House if he is satisfied with the decision of the BVI Ports Authority? ii) The Member for the First District to ask the Honourable Premier and Minister of Finance the following questions: Question 1 Madam Speaker, would the Premier and Minister of Finance please inform this Honourable House whether or not they were any advanced warrants issued for the period December 2011 through December 2012 and if yes please state the grand total of all advance warrants issued for this period and further provide a detailed listing of names, amounts, purpose and budgetary heads and sub-heads for each warrant?

Question 2 Madam Speaker, would the Premier and Minister of Finance please inform this Honourable House whether or not they were any advanced warrants issued for the period January 2013 through December 2013 and if yes please state the grand total of all advance warrants issued for this period and further provide a detailed listing of names, amounts, purpose and budgetary heads and sub-heads for each warrant?

Question 3 Madam Speaker, would the Premier and Minister of Finance please inform this Honourable House whether or not they were any advanced warrants issued for the period January 2014 through December 2014 and if yes please state the grand total of all advance warrants issued for this period and further provide a detailed listing of names, amounts, purpose and budgetary heads and sub-heads for each warrant?

Question 4 Madam Speaker, would the Premier and Minister of Finance please inform this Honourable House, to date, what is the total amount of the public debt; and further, please furnish this Honourable House with a detailed breakdown of each component that forms part of the current total public debt and the amounts that each component 3

contributes to the public debt in: i) Dollars? And; ii) Percentage?

Question 5 Madam Speaker, would the Premier and Minister of Finance please inform this Honourable House what are the total contract amounts issued for consultancy services of all type by each Ministry, Department, Statutory Body and wholly owned private companies of the Government of the Virgin Islands for each of the years 2012 through 2014 and further provide a detailed listing of names, contract amounts and contract dates to this Honourable House? i)

Please indicate which contracts were issued using the Central Tender Process and which were not.

ii)

In the cases where the aforementioned tender process were not used then explain to this Honourable House why not?

Question 6 Madam Speaker, would the Premier and Minister of Finance please inform this Honourable House of both the total sums budgeted and the total sums expended on all travel expenses, lodging and entertainment by all Statutory Bodies and wholly owned private companies of the Government of the Virgin Islands for the period December 2011 through December 2014.

Question 7 Madam Speaker, would the Premier and Minister of Finance please inform this Honourable House of both the total sums budgeted and the total sums expended on all travel expenses, lodging and entertainment by each of the Ministries and Departments of the Central Government of the Virgin Islands for the period December 2011 through December 2014?

Question 8 Madam Speaker, would the Premier and Minister of Finance please inform this Honourable House, to date, of both the budgeted amounts and of the overall sums expended by his government, inclusive of all cost: material, technical expertise and all soft and hard costs, to date, of works completed or in progress on the Queen Elizabeth II Park project expansion or rehabilitation? i. ii.

Please inform this Honourable House if the project was tendered?

If not, why not?

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Question 9 Madam Speaker, to date, would the Premier and Minister of Finance please inform this Honourable House of: 1. The dollar amount of all unpaid vouchers at the Treasury; 2. The date of the longest outstanding unpaid voucher; 3. The balance of the Consolidated Fund; and, 4. The balance of all other established Funds?

Question 10 Madam Speaker, given the constitutional requirements, would the Premier and Minister of Finance please inform this Honourable House of the estimated or specific dates on which each of the Supplementary Budgets for each of the years; 2011, 2012, 2013 and 2014 would be presented to this Honourable House of Assembly?

Question 11 Madam Speaker, would the Premier and Minister of Finance please state the total sum paid or to be paid in settlement by the Central Government and all Statutory Bodies and privately held companies owned by the Government of the Virgin Islands of all civil and/or criminal matters related to contractual obligations for the period November 2011 through 2014 and further would the Honourable Premier please provide a detailed listing by name, amount, date and purpose, and; i.

Please state whether or not there exist any unsettled claims awaiting hearing or judgement as at January 31st, 2015?

ii.

If yes, please provide a listing of all unsettled claims?

iii) The Member for the First District to ask the Honourable Minister of Health and Social Development the following question: Question 1 Madam Speaker, would the Minister of Health and Social Development please state and provide for this Honourable House a comprehensive listing of all contracts and purchase orders issued by names, amounts and purpose of all medical equipment, furnishings, security systems, IT systems and electronic equipment, among others, for and on behalf of the BVI Health Services for the benefit of the new Peebles Hospital. i.

Please indicate which contracts were issued using the Central Tender Process and which were not.

ii.

In the cases where the aforementioned tender process were not used then explain to this Honourable House why not?

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iv) The Member for the First District to ask the Honourable Minister of Communications and Works the following questions: Question 1 Madam Speaker, to date, would the Minister of Communications and Works please state and provide for this Honourable House a comprehensive listing of contracts and purchase orders by names, amounts and purpose for the purchase and delivery of capital items inclusive of vehicles, heavy equipment and other capital items for and on behalf of the Ministry and each Department, Statutory Bodies and privately owned companies of the Government of the Virgin Islands for the period November 2011 through December 2014, and; i.

Please indicate which contracts were issued using the Central Tender Process and which were not.

ii.

In the cases where the aforementioned tender process as not used then explain to this Honourable House why not?

Question 2 Madam Speaker, would the Minister of Communications and Works please state for this Honourable House both the approved budgeted sum for the Georgie Hill project inclusive of commitments for land payments; and further, to date, please provide a comprehensive listing of all contracts, purchase orders and land payments issued for this project by names, amounts and purpose? v)

The Member for the First District to ask the Honourable Minister of Education and Culture the following question: Question 1 Madam Speaker, would the Minister Education and Culture please state for this Honourable House both the approved budgeted sum for the Technical School project and further please provide a comprehensive listing of all contracts and purchase orders issued for this project by names, amounts and purpose? i.

Please indicate which contracts were issued using the Central Tender Process and which was not.

ii.

In the cases where the aforementioned tender process was not used then explain to this Honourable House why not?

vi) The Member for the Third District to ask the Premier and Minister of Finance the following questions:

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Question 1 Madam Speaker, could the Premier and Minister of Finance please tell this Honorable House what happens to the private lenders who invest in the Special Purpose Company established under the BVI Ports Authority to develop the landside of the Cruise Pier, if it defaults?

Question 2 Madam Speaker, could the Premier and Minister of Finance please present this Honorable House with: a)

The resolution passed by the House of Assembly authorizing the borrowing of money by the Special Purpose Company established under the BVI Ports Authority to develop the landside of the Cruise Pier?

b)

The resolution passed by the House of Assembly guaranteeing money borrowed by the Special Purpose Company established under the BVI Ports Authority to develop the landside of the Cruise Pier? And

c)

The correspondence from the FCO guaranteeing money borrowed by the Special Purpose Company established under the BVI Ports Authority to develop the landside of the Cruise Pier?

Question 3 Madam Speaker, could the Premier and Minister of Finance please inform this Honorable House: a)

Of the legislation used by his government to establishing the Special Purpose Company under the BVI Ports Authority to develop the landside of the Cruise Pier? And

b)

Of the legislation used by his government to transfer government owned property to the Special Purpose Company, which is a private company, under the BVI Ports Authority to develop the landside of the Cruise Pier?

Question 4 Madam Speaker, could the Premier and Minister of Finance please provide this Honourable House with: a)

The estimated project cost for works to be carried out on the landside of the Cruise Pier Development by the Special Purpose Company established under the BVI Ports Authority?

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b)

The details of the project funding for works to be carried out on the landside of the Cruise Pier Development by the Special Purpose Company established under the BVI Ports Authority?

c)

The details of the sale of shares/debentures to date, how much was sold etc. for works to be carried out on the landside of the Cruise Pier Development by the Special Purpose Company established under the BVI Ports Authority? and

d)

The status in terms of Belongership and eligibility to own property, of the people who already bought shares/debentures to date for works to be carried out on the landside of the Cruise Pier Development by the Special Purpose Company established under the BVI Ports Authority?

Question 5 Madam Speaker, given that the Territory’ s Financial Services are under constant scrutiny and skepticism by the international community including France which has continued its blacklisting of the Territory, could the Premier and Minister of Finance please tell this Honourable House what is his Government’ s position on the repeated calls from the same community including the UK for the establishment of a “ beneficial ownership of companies register?

Question 6 Madam Speaker, could the Premier and Minister of Finance please tell this Honourable House when exactly was the first time the Territory of the Virgin Islands was called upon to establish a beneficial ownership of companies register?

Question 7 Madam Speaker, could the Premier and Minister of Finance please tell this Honourable House whether he feels that the Virgin Islands reluctance to establish a beneficial ownership of companies register is in the best interest of the Territory?

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

What was the total revenue received from FSC for 2014?

What was the total revenue received from FSC for 2013?

Question 9 Madam Speaker, could the Premier and Minister of Finance please tell this Honourable House: 8

a)

What was the total number of companies registered with the FSC as at December 31st 2014?

b)

What was the total number of companies registered with the FSC as at December 31st 2013?

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

A list of all consultants hired under his ministries and The National Bank of The Virgin Islands with active contracts during the 2014 year. and

b)

A copy of each contract/agreement for the consultants indicated on the list in a).

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

It is the intention of his government to reclaim land outside Marias By the Sea, thus essentially cutting off the property upon which Marias By The Sea now sits, from the sea?

b)

If the newly reclaimed land or land to be reclaimed in a) above, that is the land outside Marias By The Sea, becomes the property of Marias By The Sea? and

c)

Was there any consultation with the Proprietors of Marias By The Sea before work commenced, and what was the outcome?

Question 12 Madam Speaker, could the Premier and Minister of Finance please tell this Honourable House whether: a)

The newly reclaimed and to be reclaimed land as a part of the Cruise Pier Development Project has been or is being distributed to private citizens?

b)

If the answer to a) is yes, please explain to this Honourable House what the process was in determining who received parcels? and

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c)

If the answer to a) is yes, please give the names of the individuals who were awarded lots and if there are any companies involved indicate the beneficial owners.

vii) The Member for the Third District to ask the Minister for Health and Social Development the following questions:

Question 1 Madam Speaker, could the Minister for Health and Social Development please tell this Honourable House whether he is prepared to address the publics dissatisfaction with the hike in the fees within the Health Services?

Question 2 Madam Speaker, could the Minister for Health and Social Development please tell this Honourable House what percentage of the services expected to be delivered at the new Peebles Hospital are now in place?

Question 3 Madam Speaker, if the answer to Question 2 is below 100%, could the Minister for Health and Social Development please tell this Honourable House exactly what services are not yet available, and what provisions has the British Virgin Islands Health Services Authority made for residents to access that care?

Question 4 Madam Speaker, could the Minister for Health and Social Development please present this Honourable House with: a)

A list of all consultants hired under his ministry and the British Virgin Islands Health Services Authority with active contracts during the 2014 year.

b)

A copy of the Request for Proposal for each consultant

c)

A copy of the terms of reference for each consultant; and

d)

A copy of each contract/agreement for the consultants indicated on the list in a) above.

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viii) The Member for the Third District to ask the Minister for Communications and Works the following questions:

Question 1 Madam Speaker, could the Minister for Communications and Works please present this Honourable House with: a)

A list of all consultants hired under his ministry and the Public Works Department with active contracts during the 2014 year.

b)

A copy of the Request for Proposal for each consultant;

c)

A copy of the terms of reference for each consultant; and

d)

A copy of each contract/agreement for the consultants indicated on the list in a) above.

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

What percentage of the revenues at the Ports Authority comes from containerized cargo? and

b)

What has been the revenue received from container cargo for each of the immediate past three years?

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

What percentage of all containerized cargo revenue at the Ports Authority comes from containers shipped directly from the US?

b)

Which are the companies that provide regular containerized shipping directly from the US?

c)

The tonnage or number of containers each of these companies delivered at the Port for each year 2013 and 2014? And

d)

The revenue generated through each of these companies as a result of containers delivered at the Port for each year 2013 and 2014?

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

What are the accounts receivables at the BVI Ports Authority as at December 31st 2014? and

b)

Provide a chart indicating each individual or company separately showing their arrears as at December 2014 which corresponds to a) above?

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

What quantity of water in gallons has been produced by BiWater on each of the days since the Plant started delivering water to the government?;

b)

What quantity of water in gallons was the BiWater Plant capable of producing on each of those days since the Plant started delivering water to the government?, and

c)

If the quantities in b) are higher than those in a), please explain.

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

What quantity of water in gallons has government been obligated per agreement to pay BiWater for, on each of the days since the Plant started delivering water to the government?

b)

How much has government paid or intends to pay BiWater each day in accordance with the agreement? and

c)

How much has government paid or owed to BVI Electricity Corporation broken down daily, for water produced by BiWater in the period since the Plant started delivering water to the Government.

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

Whether the government owned water plant at Baughers Bay has operated, giving specifics, since the BiWater Plant started delivering water to the government?

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b)

What quantities of water has this plant produced during the time indicated in a) above? and

d)

If the answer to a) is yes, why was it necessary to operate this plant?

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

Whether the water plant at Sea Cows Bay has operated, giving specifics, since the BiWater Plant started delivering water to the government?

b)

What quantities of water has this plant produced during the time indicated in a) above? and

c)

If the answer to a) is yes, why was it necessary to operate this plant?

Question 9 Madam Speaker, could the Minister for Communications and Works please tell this Honourable House: a)

Whether there are any plans to extend the water supply into the hills of Havers?

b)

If the answer to a) is yes, when will this be done?

Question 10 Madam Speaker, could the Minister for Communications and Works please tell this Honourable House: a)

Whether there are any plans to extend the water supply into Spooners?

b)

If the answer to a) is yes, when will this be done?

Question 11 Madam Speaker, could the Minister for Communications and Works please tell this Honourable House: a)

Whether there are any plans to extend the water supply in the area of Brewers Bay, that is in the hills below Soldier Hill?

b)

If the answer to a) is yes, when will this be done?

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ix) The Member for the Third District to ask the Education and Culture the following question:

Question 1 Madam Speaker, could the Minister for Education and Culture please present this Honourable House with: a) A list of all consultants hired under his Ministry and the Departments of Education, Culture and Sports and Youth Affairs with active contracts during the 2014 year. b) A copy of the terms of reference for each consultant; and c) A copy of each contract/agreement for the consultants indicated on the list in a above).

9)

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, “Pioneer Services and Enterprises (Amendment) Act, 2014”

ii)

The Premier and Minister of Finance to move a Motion for the Introduction and First Reading of the Bill entitled, “Arbitration (Amendment) Act, 2014”;

iii)

The Premier and Minister of Finance to move a Motion for the Introduction and First Reading of the Bill entitled, “ Securities and Investment Business (Amendment) Act, 2015”;

iv)

The Minister for Communications and Works to move a Motion for the Introduction and First Reading of the Bill entitled, “British Virgin Islands Electricity Corporation (Amendment) Act, 2015”;

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, “Pensions (Amendment) Act, 2014”

vi)

The Premier and Minister of Finance to move the following Motion: WHEREAS the Pioneer Services and Enterprises Ordinance (Cap. 297) (hereinafter referred to as “the Ordinance”) empowers the Cabinet to 14

confer pioneer status on certain industries if satisfied that it is expedient in the public interest to do so; WHEREAS the objective of the Ordinance is to encourage investment in varied sectors of enterprises and enhance the development process of the Virgin Islands by providing tax and customs duty relief; WHEREAS the First Schedule of the Ordinance outlines the pioneer services and pioneer enterprises in respect of which applicants may be granted pioneer status by the Cabinet; WHEREAS it is considered necessary in the public interest to expand the list of pioneer services and pioneer enterprises provided in the First Schedule of the Ordinance to accommodate new and emerging services and enterprises to further encourage investment and enhance the development of the Virgin Islands; AND WHEREAS section 11 of the Ordinance provides that the House of Assembly may, by resolution add to, amend, revoke or replace any of the Schedules in the Ordinance; NOW THEREFORE, BE IT RESOLVED that the House of Assembly of the Virgin Islands approves the amendment to the First Schedule of the said Ordinance in the terms set out in the Schedule hereto.

vii)

The Minister for Communications and Works to move the following Motion: WHEREAS it is provided by section 18(1) of the British Virgin Islands Electricity Corporation Ordinance (Cap. 277) that the British Virgin Islands Electricity Corporation (hereinafter referred to as “BVIEC”) shall be empowered to borrow money, charge its assets, undertakings and revenues with repayment of any money borrowed together with interest thereon and may issue debentures, bonds or other securities to secure the repayment of money borrowed together with interest thereon subject to the approval of the House of Assembly; AND WHEREAS it is expedient that British Virgin Islands Electricity Corporation borrows a sum of thirty-five million dollars ($35,000,000.00) to aid in financing the Corporation’s Phase V Development Programme; NOW THEREFORE BE IT RESOLVED that the House of Assembly of the Virgin Islands approves the borrowing by the British Virgin Islands Electricity Corporation of a sum of thirty-five million dollars ($35,000,000.00) for the purpose of financing the Corporation’s Phase V Development Programme.

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viii)

The Minister for Communications and Works to move the following Motion: WHEREAS section 7 (1) and (2) of the Telecommunications Act, 2006 (No. 10 of 2006) provides for the establishment of a Board of the Telecommunications Regulatory Commission (“the Commission”), comprising a minimum of three and a maximum of five Commissioners; WHEREAS section 7 (3) of the said Act provides that the Minister of Communications and Works shall, after consultation with the Leader of the Opposition, recommend to the Cabinet the appointment of one of the Commissioners as Chairman and another as Deputy Chairman of the Board of the Commission and that such appointment shall be subject to the approval of the House of Assembly; AND WHEREAS the Minister of Communications and Works has, after consultation with the Leader of the Opposition, recommended to the Cabinet the following appointment: Mr. Michael Thomas (Chairman); NOW THEREFORE, BE IT RESOLVED that the House of Assembly of the Virgin Islands approves the appointment of Mr. Michael Thomas as Chairman of the Board of the Commission for a period of two (2) years with effect from the 13th day of February, 2015.

ix)

The Minister for Communications and Works to move the following Motion: WHEREAS section 7(1) and (2) of the Telecommunications Act, 2006 (No. 10 of 2006) provides for the establishment of a Board of the Telecommunications Regulatory Commission (“the Commission”), comprising a minimum of three and a maximum of five Commissioners; WHEREAS section 7(3) of the said Act provides that the Minister of Communications and Works shall, after consultation with the Leader of the Opposition, recommend to the Cabinet the appointment of one of the Commissioners as Chairman and another as Deputy Chairman of the Board of the Commission and that such appointment shall be subject to the approval of the House of Assembly; AND WHEREAS the Minister of Communications and Works has, after consultation with the Leader of the Opposition, recommended to the Cabinet the following appointment; 16

Mr. Ian Smith (Deputy Chairman); NOW THEREFORE, BE IT RESOLVED that the House of Assembly of the Virgin Islands approves the appointment of Mr. Ian Smith as Deputy Chairman of the Board of the Commission for a period of three (3) years with effect from the 13th day of February, 2015.

2)

Private Members Business

10)

Other Business

11)

Adjournment

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