Order Paper May 14

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

TO BE HELD ON TUESDAY, 14TH MAY, 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 Thursday, 4th April, 2013; and



Confirmation of Minutes for the Meeting of Thursday, 25th 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 documents:

i)

British Virgin Islands Financial Investigation Agency Annual Report 2011;

ii)

British Virgin Islands Financial Investigation Agency 2013 Draft Budget Estimates; and

iii)

Safer Communities – A Crime Reduction and Community Safety Strategy.

b)

The Minister for Health and Social Development to lay on the Table the following documents:

i)

Sandy Lane Centre Annual Report 2012; and

ii)

The Office of Gender Affairs Annual Report (January – December 2012).

c)

The Minister for Communications and Works to lay on the Table the following document:

i)

British Virgin Islands Electricity Corporation 2008 Annual Report;

ii)

B.V.I. Ports Authority Annual Report 2006; and

iii)

B.V.I. Ports Authority Annual Report 2007.

d)

The Attorney General to lay on the Table the following document: 2010 Acts and Statutory Instruments and Imperial Legislation of the

2

Virgin Islands.

6)

7)

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

b)

The Leader of the Opposition 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) and (ii) 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 Item 7(iii) 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(iv) through (vi) on the Order of the Day.

Questions and Answers to Questions i)

The Leader of the Opposition to ask the Honourable Premier and Minister of Finance the following questions: Question 1 Madam Speaker, would the Honourable Premier please tell this Honourable House the number of members on the Financial Services Commission Board and the names of those persons?

Question 2 Madam Speaker, would the Honourable Premier please tell this Honourable House if he would be willing to consider an amendment to the Financial Services Commission Act to make it mandatory for the Commission to meet with the House of Assembly at least twice a year to allow the Members of the House of Assembly to learn more about the operations of the Commission?

Question 3 Madam Speaker, would the Honourable Premier please inform this Honourable House if the British Virgin Islands Government is a member of the Organization of the Eastern Caribbean States Pharmaceutical Group and if not, would the Honourable Premier tell this Honourable House from which source the BVI Government gets pharmaceutical supplies?

3

Question 4 Madam Speaker, would the Honourable Premier please tell this Honourable House if there has been any development taking place on Eustatia Island since it was purchased by Mr. Larry Page? ii)

The Leader of the Opposition to ask the Honourable Minister for Education and Culture the following questions: Question 1 Madam Speaker, would the Honourable Minister for Education and Culture please tell this Honourable House how many full time scholarships (that is tuition, books, board and lodging) have been granted for the academic year 2012/13 and how many assisted scholarships have also been granted for the same period?

Question 2 Madam Speaker, would the Honourable Minister for Education and Culture please tell this Honourable House if his Ministry has been asked to provide training for the hospital staff which would be needed when the new Peebles Hospital opens in August or whenever, and if his Ministry has been asked would he tell this Honourable House what are the requirements?

iii)

The Member for the First District to ask the Honourable Premier and Minister of Finance the following questions: Question 1 Madam Speaker, as it is publicly reported that the High Court Registry has now located the missing records of the High Court action between Autland Heavy Equipment vs Phillip Holzman International/NORD France, could the Honourable Premier and Minister of Finance please tell this Honourable House: a)

Whether or not the above referenced High Court case(s) have been settled or discharged?

b)

If the judgment in the case(s) forms the basis for which Government made payments to the sub-contractor(s) of Philip Holzman?

c)

Whether there are any further claims pending?

d)

What what was the basis for paying the sub-contractor(s) only 75% of their claims? and

4

e)

Given the knowledge of the High Court action, whether or not the Premier’s office/Minister and Ministry of Finance is still of the opinion that it was in the best interest of the Government of the Virgin Islands to have the said payments made at this time?

Question 2 Madam Speaker, would the Honourable Premier and Minister of Finance please tell this Honourable House: a)

What was the original contract value between the Government of the Virgin Islands and Philip Holzman for work on the Beef Island Airport?

b)

What was the total contract amount paid to Philip Holzman inclusive of all variations?

c)

What was the value of the Performance Bond being held by the Government? and

d)

What was the value of the Payment Bond being held by the Government?

Question 3 Madam Speaker, would the Honourable Premier and Minister of Finance please tell this Honourable House: a)

Whether or not Philip Holzman was determined to be in violation of the provisions covered by their Performance Bond?

b)

What was the amount collected under the terms of the Performance Bond? and

c)

How the proceeds of the Bond were recorded in the accounts of the Government of the Virgin Islands, and if it was placed into the Consolidated Fund?

Question 4 Madam Speaker, would the Honourable Premier and Minister of Finance please tell this Honourable House: a)

If any due diligence was done on PWC before the contract was awarded to them to conduct a forensic audit of Government’s Finances for the specified time period 2008 to 2011?

b)

If the answer is yes, then would the Honourable Premier and Minister of

5

Finance please tell this Honourable House what entity of Government conducted the due diligence on PWC? and c)

Please inform this Honourable House of the findings inclusive of their professional reputation especially regionally?

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

If, to date, there are any other contracts or purchase orders awarded by his Government to PWC or any of their affiliates, in addition to the contract awarded to them to conduct a forensic audit of the Government Finances from 2008 to 2011?

b)

If yes, please inform this Honourable House of the amount and dates of each payment made to the company/person(s) to date, the purpose of the contract and/or purchase orders, as well as furnish a copy of the contract(s) and/or purchase orders?

c)

If there exist any balance on the aforementioned?

d)

If yes, how much is the said balance?

e)

Provide this Honourable House with a copy of the engagement letter or employment letter for each? 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, 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 Georgie Hill/George Hill Road Project in Greenland, inclusive of all cost: material, technical expertise, and all soft and hard cost to date?

b)

State the budgeted or Cabinet approved value of the said project.

c)

Tell this Honourable House if the project was tendered or if any competitive bids were sought?

6

d)

List the amount of each contract and Purchase Order issued by the Government for the said project along with the respective contractor/company/supplier(s)?

e)

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

f)

State if this project was budgeted for, and if yes, when and where? and

g)

State if this project was approved by Cabinet, and if yes, what date was it approved and for what amount?

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

What is the total cost of the Georgie Hill/George Hill Road Project in Greenland?

b)

Given the amount of money spent on this project to date, could the Minister please inform this Honourable House if his Government intends to approve any additional funding for this project this year, or otherwise?

c)

If yes, please itemize what the additional funding will be expected to cover?

d)

Please inform this Honourable House if to date the project has exceeded the budgeted amount?

e)

Could the Minister of Finance please inform this Honourable House the date that the works commenced on this project and list all persons/government agencies used to oversee this project to date?

f)

State the total of all remaining unpaid expenses for this project to date and give the reasons why they have not been paid as well as furnish this Honourable House with a listing of the aforementioned?

g)

State what entity private or public is currently supervising this project and their locations? and

h)

Tell this Honourable House if the methodology used to do this project could be considered contract splitting as is defined/interpreted by his Government’s PWC Report?

Question 8 Madam Speaker, given that the Craft Alive Project was not tendered, could the

7

Honourable Premier and Minister of Finance please tell this Honourable House: a)

If Cabinet approved this project?

b)

If yes, please state the date when Cabinet approved the project and furnish this Honourable House with a copy of the Cabinet Extract? and

c)

Please state the date that the works on the project commenced?

Question 9 Madam Speaker, given that the Manse Road now named the Paul P. Wattley Road Project was not tendered, then would the Honourable Premier and Minister of Finance please tell this Honourable House: a)

If Cabinet approved this project?

b)

If yes, please tell this Honourable House the date when Cabinet approved the project and furnish this Honourable House with a copy of the Cabinet Extract? and

c)

Please inform this Honourable House of the date that the works on the project commenced?

Question 10 Madam Speaker, given that the parking lot project across the road from the Peebles Hospital was not tendered, then would the Honourable Premier and Minister of Finance please tell this Honourable House: a)

If Cabinet approved this project?

b)

If yes, please tell this Honourable House the date when Cabinet approved the project and furnish this Honourable House with a copy of the Cabinet Extract? and

c)

Please inform this Honourable House of the date that the works on the project commenced?

Question 11 Madam Speaker, given that the Senior Citizen Project, including all roads, walls and earth works at Spooner’s and neighbouring areas was not tendered, would the Honourable Premier and Minister of Finance please inform this Honourable House: a)

If Cabinet approved this project?

8

iv)

b)

If yes, please state the date when Cabinet approved the project and furnish this Honourable House with a copy of the Cabinet Extract?

c)

Please inform this Honourable House of the date that the works on the project commenced?

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 the reason or reasons for the 100 percent about turn by the FSC in 2013 over what appears to be a lackluster performance in 2012 in terms of revenue for the month of February?

Question 2 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House how is it that even in light of an approximate $4 million increase in 1st quarter revenue over last year, he was unable to contribute any money to the Development Fund for the months of January, February and March 2013, whereas for the same period last year contributions were made for the months of February and March to the tune of $3.43 million?

Question 3 Madam Speaker, could the Honourable Premier and Minister of Finance please explain to this Honourable House the correlation or coincidence between his decision not to fund the Development Fund as pointed out in question No. 2 above, and the failing economy of the territory, given that the money from the Fund is what is used to finance Capital Projects which creates jobs?

Question 4 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House what were the contributions to the Reserve Fund for each of the months January, February, March and April 2013?

Question 5 Madam Speaker, could the Honourable Premier and Minister of Finance please outline for this Honourable House in detail: a)

The sum of any loan raised by the Government of the Virgin Islands, or the BVI Health Services Authority from Banco Popular for the

9

construction of the Hospital. b)

How the money from the loan was spent or is committed?

c)

Who decided upon how the money was or is to be spent or committed, and when; and

d)

Provide a record of the moneys paid out to date

Question 6 Madam Speaker, could the Honourable Premier and Minister of Finance 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 Wickham’s Cay I has any Belonger interest in its ownership?

b)

If the answer to a) is yes, please provide the names of the interest holders and the percentage of such ownership interest; and

c)

Whether the company with the winning bid is in partnership with any local companies? If yes, which company, and what percentage is such a partnership?

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

The Heads of Understanding dated March 27, 2012 signed and entered into between Tortola Port Partners Limited, as the Developer, and The Government of the Virgin Islands, wherein the parties agreed to “work closely together exclusively and as far as commercially reasonable to cooperate fully with each other in relation to negotiating and finalizing such Documents as they deem necessary for the advancement of their intended project within ninety (90) days from the date of this HOU, subject to the approval of a Trade License for the Developer�, was disclosed by the Government as part of, or made public for the benefit of other competing entities in the Public Tender of the Tortola Pier and Park project?

b)

If the answer to a) is no, was it an oversight, or was it because the outcome of the tender was predetermined? and

c)

Was a Trade License issued to Tortola Port Partners Limited for the

10

purpose indicated in a) above?

Question 8 Madam Speaker, could the Honourable Premier and Minister of Finance please provide this Honourable House with a copy of the document referred to as “The Working Memorandum� referred to in the document Heads of Understanding dated March 27, 2012 between Tortola Port Partners Limited, as Developer, and the Government of the Virgin Islands?

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

His Government or the BVI Ports Authority, has entered into any form of Agreements, Memoranda, or Heads of Understanding with Tortola Port Partners Limited other than the Heads of Understanding dated March 27th 2012 and The Working Memorandum referred to therein

b)

If any such, Agreements, Memoranda, or Heads of Understanding exists, could the Honourable Premier and Minister of Finance please provide this Honourable House with copies?

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

It was a condition of the tender process for the development of the Tortola Cruise Pier and Park for each Tenderer to demonstrate and establish that they have at least a twenty percent (20%) local ownership partner participation in the project?

b)

If the answer to a) is no, was the requirement established during the subsequent proposal and negotiating process?

c)

If the answer to a) and b) is yes, was the condition satisfied by the winner? and

d)

If the answer to a) and b) is no, did any of the Tenderers produce in their Tenders such local partnership, and which ones?

Question 11 Madam Speaker, since it is a constitutional requirement that the Auditor General

11

submit his / her reports to the Minister of Finance, could the Honourable Premier and Minister of Finance please tell this Honourable House whether: a)

The Auditor General has issued a report regarding the Tortola Cruise Pier and Park project, including any aspect of it or the internal public service process relating thereto?

b)

If the answer to a) is yes, has the report or reports been made available to His Excellency the Governor and or the Government of the United Kingdom? and

c)

Please provide this Honourable House with copies of the reports?

Question 12 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House whether it is his Government’s intention to fund wholly or in part, the Tortola Cruise Pier and Park project development by way of raising passenger tax on cruise ship passengers?

Question 13 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House whether: a)

He is aware that Royal Caribbean Cruises Ltd (RCCL) one of the prime Tenderers on the Tortola Cruise Pier and Park project has formally expressed to the Government of the United Kingdom their dissatisfaction with the entire Tender and negotiation process, on the grounds that it failed to conform to minimum standards that typically are present in a genuine government privatisation tender? and

b)

If the answer to a) is yes, how does he propose to mitigate any resulting falling out with the United Kingdom Government?

Question 14 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House whether he is aware that Royal Caribbean Cruises Ltd has formally protested to the Governor and Honourable Mark Simmonds, UK Minister for Overseas Territories claiming that: a)

The tender instructions for the Tortola Cruise Pier and Park project failed to outline the specific criteria used to evaluate and score the bid proposals.

b)

The tender instructions were insufficient to produce a winning bid

12

proposal. c)

They were not allowed to discuss their project ideas with government officials or obtain clarification of various questions about the bid, which was not the case with their competition who had freely interfaced with the same government officials extensively for the previous nine months.

d)

They question the legitimacy and impartiality of the process, and objected to the presence of Mr. Cline during the Tendering stages, since he was the “active Chairman" of the Negotiating Committee; and

e)

That they considered the attitude of the same Mr. Cline and some of his committee members towards their group as antagonistic, attacking, aggressive, patronizing and unfriendly, and that their attorneys were no different.

Question 15 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House whether Cabinet has awarded a contract to Tortola Port Partners Limited for the Tortola Cruise Pier and Park project, and a)

If the answer is yes, could he present us with a copy of the terms and conditions? and

b)

If the answer is no, is a decision pending?

Question 16 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House: a)

What is the budgeted cost based on the Architect’s project cost for the New Adina Donovan Home for the Elderly?

b)

How will the project be financed?

c)

Whether the $1,061,497 spent from the Consolidated Fund through Purchase Orders and Petty Contracts was part of a strategy to avoid having to comply with Section 27 (c) of the Protocols For Effective Financial Management whereby if the project exceeds $11 million written approval must be obtained from the Secretary of State before proceeding?

d)

Did he get written approval from the Secretary of State to proceed with the project?

13

Question 17 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House: a)

What was the projected dollar figure for contributions to the Social Security Board for 2012?

b)

What were the actual receipts in dollars from contributions to the Social Security Board for 2012?

c)

How many contributors are in the system under 40 years, and above 40 years old? and

d)

How many recipients of retirement benefits are there?

Question 18 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House: a)

If the Government of the Virgin Islands still has an outstanding claim for work done on the A O Shirley Recreation Ground by BVI Paving Ltd?

b)

If the answer is yes, how much is the claim?

c)

When was the claim made, and when will it be settled? and

d)

If the answer is no, when was the settlement made?

Question 19 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House: a)

If it is still his Government’s intention to open an office in Hong Kong?

b)

If the answer is yes, what steps is his Government taking to make this a reality?

c)

What is the cost for the undertaking? And

d)

Could he give a breakdown of those costs?

14

Question 20 Madam Speaker, could the Honourable Premier and Minister of Finance please tell this Honourable House, if now that the Department of Labour has finally launched the long awaited Employment Services Unit, whether his Government will now move to consolidate all labour matters under the Ministry of Natural Resources and Labour where they are best suited by relocating the previously established Youth Unemployment Register from the Ministry of Education and Culture to the Ministry of Natural Resources and Labour? v)

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 the status of the road paving on that stretch of the Ridge Road from the junction at Meyers to the Sage Mountain Doty junction, which formed part of a contract signed on February 4th, 2011 with BVI Paving Ltd. in the amount of $1,970,980 to resurface roads damaged during the 2010 hurricanes and floods?

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

What is the status of completion for the East End/Long Look Sewage Project under the CBE contract of August 2010? and

b)

How much money was spent on the project to date, and what was the source of funding?

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

What is the status of completion for the Road Town Sewage Project under the CBE contract of August 2010? and

b)

How much money was spent on the project to date, and what was the source of funding?

15

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

What is the scheduled completion date for the East End/Long Look, and the Road Town Sewage projects?

b)

The estimated cost to complete both East End/Long Look and the Road Town Sewage projects.

c)

Are the funds available, and what is the source?

Question 5 Madam Speaker, could the Honourable Minister for Communications and Works please tell this Honourable House whether any attempts are being made to reopen the road between Harrigan and the Bound Tree, and a)

If the answer is yes please state specifically what those steps are, and

b)

If the answer is no, why not?

Question 6 Madam Speaker, could the Honourable Minister for Communications and Works please tell this Honourable House whether in light of the Letter written to the Governor and copied to the Hon Mark Simmonds, UK Minister for Overseas Territory, by Royal Caribbean Cruises Ltd, one of the two Tenderers, criticizing the handling of the Tendering for the Tortola Cruise Pier and Park project, and a prior letter from a private citizen to the same UK Overseas Territory Minister, along with numerous calls from the public for a halt to the same project, he will now step back and consider listening to the masses?

vi)

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 whether: a)

The changes for evaluating Primary Five Students preparing for Secondary School reflecting an increase emphasis on the Primary Five Exam from 60% of weighting to 70%, and a lessening of emphasis on the

16

continuous assessment from 40% of weighting to 30% was a cabinet decision, and when was the decision made? and b)

When was the notice for such a change sent to the Principals of the schools?

Question 2 Madam Speaker could the Honourable Minister for Education and Culture please inform this Honourable House of the total amount spend on repairs and maintenance to schools by the Ministry of Education since taking office in 2011 to December 31st, 2012?

Question 3 Madam Speaker, could the Honourable Minister for Education and Culture please tell this Honourable House of all the Heads and subheads in his Ministry which has to this date: a)

Been overcommitted?

b)

The Ministry of Finance has been written to or communicated to verbally, requesting supplementary funding for?

c)

Received a supplement from the Ministry of Finance? And

d)

Has there been any request made to the Ministry of Finance for any reallocations?

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

A complete breakdown of the $2 million dollars that he recently informed this Honourable House was spent in 2012 on repairs to schools?

b)

List the names of the government agency, person or company used to supervise and verify the works done with the $2 million? And

c)

In the instances where a private company or person was used in the execution of works done with the $2 million, please inform this Honourable House the amount paid to each for either project management, preparation of Bill of quantities, and any such services? and

d)

Furnish this Honourable House with a copy of each of the associated

17

contracts?

Question 5 Madam Speaker could the Honourable Minister for Education and Culture please tell this Honourable House the total amount spent on repairs and maintenance of schools by the Ministry and its Department of Education during the periods: 2007, 2008, 2009, 2010 and 2011?

Question 6 Madam Speaker could the Honourable Minister for Education and Culture please tell this Honourable House if since it has been reported here in this Honourable House by him, that there is a growing Mould issue at the Isabella Morris Primary School, and that it is also recurring, whether he is prepared to exercise a previous option to build a new school building?

8)

Public Business 1)

Government Business Second and Third Readings

2)

(i)

The Premier and Minister of Finance to move a motion for the Second and Third Readings of the Bill entitled, “Authorisation of Surveillance Devices Act, 2013”;

(ii)

The Premier and Minister of Finance to move a motion for the Second and Third Readings of the Bill entitled “Mutual Legal Assistance (Tax Matters) (Amendment) Act, 2013”.

Private Members Business

9)

Other Business

10)

Adjournment

18