Given that many Virgin Islands laws are sorely out of date, we applaud the recent efforts of trade organisations, legislators and other residents to update the regulations governing several important occupations in the territory.
In the past four months, the House of Assembly has passed laws to license lawyers, veterinarians and mental health practitioners. Bills to regulate other professions — including architects, engineers and accountants — have been circulated to practitioners and could be considered soon by lawmakers. In the 2014 Speech from the Throne, Governor John Duncan said that rules overseeing land surveyors, private hospitals and medical professions will be updated this year as well. Meanwhile, Education and Culture Minister Myron Walwyn has announced plans to license the territory’s teachers.
Generally, the new laws set standards for the qualification, licensing, oversight and discipline of the professions — a system that is commonplace in most advanced economies but hasn’t always existed here. Some of these professions weren’t explicitly regulated under the previous legal framework, although practitioners have to obey certain rules pertaining to them.
For example, architects have to design according to the 1999 Building Regulations even though anyone can call themselves an architect under VI law regardless of their training or experience. Before the Legal Profession Act, which was passed last month after feedback from the industry, no authority with sufficient teeth existed to field customers’ complaints about lawyers outside of court.
The collective effect of the new laws should increase the professionalism of the labour force, a crucial signal to send as the global economy grows ever more competitive. Financial services industry promoters constantly tout the strength of the jurisdiction’s reputation for being well regulated. That image starts with practitioners themselves.
We are particularly pleased that many of the aforementioned laws were drafted after extensive consultation with practitioners and trade organisations. The Ministry of Communications and Works, for example, held meetings to explain to engineers and architects how they would be affected. Similarly, the BVI Association of Professional Accountants met last month to discuss planned regulations: While not all attendees supported the bill, most seemed comfortable with holding the profession up to the same standards as their overseas counterparts.
Though we believe these new occupation-focused laws are needed, they are not a panacea. Burdensome or capriciously enforced rules — which are all too common in the territory — can damage the economy and residents’ confidence in government. For that reason, we encourage policymakers to continue on their current path but to carefully balance the interests of professions, the health of the economy, and the needs of all residents.
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