Order paper Nov 19

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

TO BE HELD ON TUESDAY, 19th NOVEMBER, 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)

Administration of Oaths

3)

Confirmation of Minutes Confirmation of Minutes for the Meeting of Monday, 7th October, 2013

4)

Announcements by the Speaker

5)

Statements by Ministers

6)

Presentation of Papers a)

b)

c)

d)

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

Customs Department 2011 Annual Report; and

ii)

2012 Annual Report Department of Information Technology.

The Minister for Health and Social Development to lay on the table the following documents: i)

Adina Donovan Home for the Elderly Annual Report 2012; and

ii)

Social Security Board 2012 Annual Report

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

British Virgin Islands Electricity Corporation Annual Report 2010; and

ii)

2012 Public Works Department Annual Report.

The Minister for Education and Culture to lay on the table the following documents: i)

2012 Annual Report Department of Culture; and

ii)

Library Services Department Annual Report 2012.

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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 Items 9(1)(i), (iv), and (vi) on the Order of the Day.

b)

The 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 9(1)(ii),(iii) and (v) on the Order of the Day.

c)

The Minister for Communications and Works 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 9(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 8(i) through (iii) 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 move the Motion standing in his name under Item 9(1)(viii) 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 present this Honourable House with: a)

the revenue and expenditure for the month of October 2013, and indicate whether we are on par with budget projections;

b)

a comparison of the same figures in (a) above, with those of 2012; and

c)

indicate where the revenue in (a) above was derived in dollar amount.

Question 2 Madam Speaker, could the Honourable Premier and Minister of Finance please provide this Honourable House with the Treasury Statement for the month of October 2013.

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Question 3 Madam Speaker, could the Honourable Premier and Minister of Finance please provide this Honourable House with: a)

a register of all revenue received from the Financial Services Commission indicating the dates received and individual amounts during the month of October 2013; and

b)

a comparison of the figures given in (a) with the same period in 2012.

Question 4 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House the total revenue received to date (please indicate your date) for the year 2013, and that of the corresponding date in 2012?

Question 5 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House what were the contributions to the Reserve Fund for the month of October 2013?

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

what is the current balance of the Reserve Fund?

b)

give the various accounts by type and the balances of each, along with the bank where the Reserve Fund is kept;

c)

what is the balance of the Transportation Network Improvement Fund?

d)

when was the last time monies were placed in the Transportation Network Improvement Fund, and how much? and

e)

what is the balance of each of the other established Funds?

Question 7 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House: a)

the dollar amount of all unpaid vouchers at the Treasury; and

b)

the date of the longest outstanding unpaid voucher?

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

any of the $2,272,771 to $4,545,543 which formed part of the proceeds from the monies confiscated from the IPOC International Growth Fund Limited and three others was placed in the Reserve Fund as is mandated by Resolution No. 11 of 2009?

b)

if the answer to (a) is “yes”, how much was put in the Fund and when? and

c)

if the answer to (a) is “no”, why not? and when will it be done?

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

how much of the $22,727,715. 41 proceeds from the IPOC International Growth Fund Limited and three others forfeiture has been spent to date?

b)

in detail how the monies in (a) were spent by: Department of government, the amount spent, and the purpose for which it was spent?

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

the arrangements made with McAlpine for the development of Prospect Reef Hotel is a sale, lease, or a partnership? and

b)

what is the relationship between this McAlpine and the McAlpine being considered for the $300 million to $400+ million airport development project?

Question 11 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House whether the project has gone through the Tendering and Procurement process as required by the Protocols For Effective Financial Management 11(b)?

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Question 12 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House whether the provisions of the Protocols For Effective Financial Management 11(a) which stipulate that an assessment be performed on the state of the market and how the development would impact existing businesses in the same market: such as Fort Burt Hotel next door; the newly expanded Maria’s Hotel; and Treasure Isle Hotel, all locally owned, was conducted, and what was the result?

Question 13 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House what are Government’s obligations to the Prospect Reef Development Project under the Agreement with McAlpine, and could he present this Honourable House with a copy of the Agreement? ii)

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)

what was the total cost for the last round of drain and ghut cleaning conducted in the nine Districts?

b)

what was the amount spent in each District on the same drain and ghut cleaning exercise?

c)

whether District Representatives were involved in determining the areas to be cleaned, and the persons to carry out the work? and

d)

if the answer to (c) is “yes”, in which Districts were they involved?

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

what was the total cost for the last round of bush cutting conducted in the nine Districts?

b)

what was the amount spent in each District on the same bush cutting exercise?

c)

whether District Representatives were involved in determining the areas to be cleared, and the persons to carry out the work? and 5

d) iii)

if the answer to (c) is “yes”, in which Districts were they involved?

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: a)

what monies the Recreation Trust has had at their disposal for operations including salaries for 2013 as of November 15th?

b)

how much of those monies in (a) were from subventions, and how much were from other sources? and

c)

if there are further subventions due for 2013, and how much?

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

the Festivals and Fairs Committee/Ministry and the Department of Culture have received all the bills for the 2013 Festivals?

b)

if the answer to (a) is “yes”, what is the total, and what was the budgeted amount?

c)

if the answer to (a) is “no”, what is the total figure received, and what was the budgeted figure? and

d)

were all local musical bands participating in 2013 Festivals paid to date?

Question 3 Madam Speaker, could the Honourable Minister for Education and Culture please tell this Honourable House whether he would consider as a means of patriotism for the upcoming 60th Festival Celebration placing additional emphasis on local bands/musicians and artisans by limiting or even omitting participation of foreign groups which would also serve to domesticate capital that is so badly needed here considering the state of the Territory’s economy?

Question 4 Madam Speaker, could the Honourable Minister for Education and Culture please tell this Honourable House: 6

a)

whether he has received all the bills for the dinner hosted on behalf of the territory’s finest, who teach our children each day?

b)

if the answer to (a) is “yes�, could he tell this Honourable House what the final cost of the dinner is?

c) d)

which vendors provided the service, and the dollar value for their service? was the full cost budgeted for? Which head and sub-head did the monies come from? and

e)

is he committed to making the event an annual one?

Question 5 Madam Speaker, as it relates to the many incidents of mould infestation discovered within the schools, could the Honourable Minister for Education and Culture please tell this Honourable House: a)

who or what company was commissioned to do the assessment of some of the schools along with the Hamilton Lavity Stoutt Community College, and where was the company or individual based?

b)

what relevant experience did they have in the area of work carried out? and

c)

please provide this Honourable House with any contracts or purchase orders used in the execution of the works, along with copies of any reports produced.

Question 6 Madam Speaker, as it relates to the many incidents of mould infestation discovered within the schools, could the Honourable Minister for Education and Culture please tell this Honourable House: a)

how were the concerns raised in the report produced as per 5 (c) above, addressed?

b)

if works were carried out to address the matters, please tell this Honourable House who or what company(s) were commissioned, and provide us with the contract and or purchase orders under which the works were executed.

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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, “Arbitration Act, 2013”;

(ii)

The Minister for Health and Social Development to move a motion for the Introduction and First Reading of the Bill entitled, “Social Security (Amendment) Act, 2013”;

(iii)

The Minister for Health and Social Development to move a motion for the Introduction and First Reading of the Bill entitled, “Public Assistance Act, 2013”.

Second and Third Readings (iv)

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

(v)

The Minister for Health and Social Development to move a motion for the Second and Third Readings of the Bill entitled, “Status of Children Act, 2013”.

(vi)

The Premier and Minister of Finance to move the following motion: WHEREAS by Resolution No. 3 of 2012, made pursuant to Standing Order 72, it was resolved by the House of Assembly of the Virgin Islands that the following shall be members of the Standing Select Committee known as the Public Accounts Committee: Honourable Ralph T. O’Neal (Chairman) Honourable J. Alvin Christopher Honourable Julian Fraser Honourable Alvera Maduro-Caines Honourable Marlon A. Penn; WHEREAS the Honourable Julian Fraser, on the 5th day of November, 2013 resigned as a member of the Public Accounts Committee; AND WHEREAS it is expedient to replace the Honourable Julian Fraser with the Honourable Andrew A. Fahie as a member of the Public Accounts Committee;

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NOW THEREFORE BE IT RESOLVED by the House of Assembly of the Virgin Islands that the Honourable Andrew A. Fahie be appointed as a member of the Public Accounts Committee. (vii)

The Minister for Communications and Works to move the following motion: WHEREAS section 4(1)(a) of the British Virgin Islands Electricity Corporation Ordinance, Cap. 277 provides that the Corporation shall consist of a Chairman appointed by the Governor in Cabinet after prior approval for the appointment has been obtained by a Resolution passed by the House of Assembly; WHEREAS section 40(4)(a) of the Interpretation Act, Cap. 136 provides that an authority or person empowered by or under an enactment to appoint or designate a person to be a member of a statutory board or to perform any other functions, may appoint or designate a person by name, and it shall be the duty of the person appointed or designated to perform the respective functions accordingly; AND WHEREAS the Cabinet has nominated Mr. Ron Potter for appointment as Chairman of the British Virgin Islands Electricity Corporation for a period of three years with effect from 1st December, 2013; NOW THEREFORE, BE IT RESOLVED that the House of Assembly of the Virgin Islands approves the appointment of Mr. Ron Potter as Chairman of the British Virgin Islands Electricity Corporation for a period of three years, with effect from 1st December, 2013.

(viii)

The Member for the Third District to move the following motion: WHEREAS the people of the Virgin Islands have been fortunate to have their Government ensure that a scheme “The Social Security Fund” was put in place to provide a pension after their working life, and has been in place since 1980 with great success; WHEREAS it is true that the Fund provides excellent coverage for the insured in three main categories, namely: short term benefits; long term benefits or pension; and employment injury benefits, the Act governing the Fund: “The Social Security Ordinance 1979” does require that an actuarial review be done every three years; WHEREAS the purpose of the review is to determine if the Scheme operates on sound financial and actuarial basis, and if it provides adequate and affordable levels of income protection;

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AND WHEREAS the said review, in addition, when considered necessary makes recommendations aimed at ensuring that the objectives of the Fund are met for current and future generations. It is however, incumbent upon this Honourable House to review those very recommendations before implementation; NOW THEREFORE BE IT RESOLVED that a Special Select Committee be established in accordance with Standing Order 78 for the review of the 10th Actuarial Review of the Social Security Fund as of December 31st, 2009, and make recommendations to this Honourable House.

2)

Private Members Business

10)

Other Business

11)

Adjournment

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