THE STATUS BILL undergoing legislative modernisationsays Premier

THE Turks and Caicos Islands is currently undergoing the most aggressive modernisation of its legislative framework in recent years.

This is according to Premier Hon Charles Washington Misick who disclosed that the legislative drafting division in the Attorney General’s Chambers has delivered some 39 Ordinances covering the diverse priorities of the government ranging from the public sector to immigration.

During a recent sitting of the House of Assembly, Misick who highlighted several pieces of legislation drafted by the AG’s chambers described one of the legislative pieces, the (Public Sector Employees Pensions Fund Ordinance 2022), as groundbreaking.

The Public Sector Employees Pensions Fund Ordinance 2022 is aimed at establishing a new pension fund for public officers.

Other legislations include the Business Licensing (Fees and Penalties) (Amnesty) Ordinance 2022 which suspends penalties to encourage the settlement of outstanding license fees.

He said: “The Chief Justice (Responsibilities) Ordinance 2022, for the first time provides for the responsibilities of the Chief Justice as head of the judiciary.

“Grand Turk Enhancement and Sustainability Agency Ordinance 2022, establishes an agency which will have oversight and execute projects to construct, upgrade, preserve and rehabilitate infrastructure throughout the island of Grand Turk.”

He pointed out that the Immigration (Amendment) Ordinance 2022 will stiffen the penalties for those who harbour illegal immigrants, including stiffer penalties for assisting illegal entry.

Coupled with this, Misick explained that 12 laws were passed in the House in November 2022 designed to bring heavier penalties for gun-related crime.

He reminded the House that towards the end of the last calendar year, the Turks and Caicos Islands saw a significant surge in deadly and violent gun crime linked to regional organised crime.

Misick said: “Mr Speaker, specific pieces of legislation designed to urgently address key issues identified by the RTCIPF were drafted.

Provisions under the modernised Criminal Justice laws were designed to stiffen penalties for gun-related crimes, strengthen police powers and provide additional tools to gather intelligence, investigate, stop and search, detain, and break up criminal activities connected with gangs and the use of firearms; and protect law enforcement and other front-line officers, witnesses and those who fight hardened criminals on the front lines.

He added: “One critical piece is the Interception of Communications Ordinance 2022- it provides a single legal framework for law enforcement and intelligence agencies to obtain communications and communications data.

“Anti-Gang Ordinance 2022 –protects the public and suppresses gang membership and activities in the Islands.

“Mr Speaker, as far as subsidiary legislation is concerned, around 96 legal notices have been published”, he said.

A new method for granting TC Islander status was recently passed in the House of Assembly, establishing a point and quota system. The Turks and Caicos Islander Status (Amendment) Bill 2023 was passed in the House on Wednesday, May 31; as such applications for this year have been delayed, facilitating familiarisation with the new criteria that must be met. Instead of applicants submitting their documentation between June 1 and September 30, they are now required to make submissions between August 1 and November 30.

The amended bill sets out that dependent children of parents who acquired status by marriage will now be granted status automatically when their parent is granted status. These children will no longer have to apply to the Status Commission. This is to revert to the position prior to 2016 which was the position in the former Immigration Ordinance, where dependent children

No discrimination

TCI would not like the US or UK discriminating against TC citizens so should not practice discriminatory or double standards against others.

Step in the right direction

This is a step in the right direction, there is still a lot left to do to make this constitutional process more sensible and erase the traces of xenophobia. The Turks and Caicos Islands is a melting pot of nationalities whether the Belongers want to accept that or not, it is the reality.

Is it good for the TCI?

Many will not see this as a good thing, but it is a good thing for the TCI, many of these laws marginalise people's dependents and that's not fair to them, expanding the franchise will certainly unite this country.

could acquire grants when their parent (s) acquired TCI Status, the Bill reads. This provision is set out explicitly in Clause 4 as a new insertion of section 4A.

Another amendment to the Ordinance outlines that where a spouse of a person granted status by virtue of residency, if they show their spouse was endorsed in a Permanent Residence certificate, Residence Permit or Work Permit, on applying for status, they also have to show that they have lived together with the spouse for a period of ten years ending with the date of the application; and have been resident in the Islands for a period of two years ending with the same date of application. The Ordinance is also amended to show that applications will go to the Status Commission and not the Governor and the Commission will then make recommendations to the Governor for approval. What are your thoughts?

Reinventing the wheel

Why was it changed from 2016 in the first place? Can the authorities say why they reverted to the laws of seven years ago?

Is now the best time for this law? It seems that as a government we should stick to our decisions and move forward.

Sad state of affairs

Turks and Caicos is not going to hide from development. With development comes population increase. It’s inevitable.

What is necessary is to respect hard-working families, those are the people we need in the TCI, not the freeloaders or those who are just looking for trouble.

We need blue-collar workers to build this beloved country. We have places to go and we need foreigners—the right foreigners— to help us develop.

People need to feel that they can bring their families and work towards a common goal.

We need more stringent laws

TCI is faced with a crisis, now is not the time to slack up on the laws that govern our nation. People are coming in drones. Leave out Haiti, from other Caribbean islands, Asia, Europe and even parts of Africa they are coming. Covid has left many countries struggling to survive and people who want better lives and can travel, will. We have to be humanitarians, but to what extent?

The thought of TCI’s proximity to Haiti and us turning into that country should not be seen as fancy stories. Just look at the border states of the US and their susceptibility to drugs and illegals, those places are bigger than the TCI and they are in the US, yet they are affected.

We need to have strict laws and stick to them. This will not only benefit Belongers, but all that call TCI home.