On June 7, The BVI Beacon turned 40. To celebrate, it is re-publishing some of the biggest stories from its archives over the past four decades. The article below originally ran June 15, 2000.
Constitutional changes approved May 17 by the Queen in consultation with the Privy Council were presented at last week’s Legislative Council meeting by Chief Minister Ralph O’Neal following his receipt of the order on May 31.
The changes are based on recommendations made by the Constitutional Commission in 1993. The changes include three new sections, which broaden the deputy governor’s powers and establish two new offices in government, as well as three replacement sections and eight amendments.
The new articles of the BVI Constitution will come into force following their publication in the Gazette, either individually or collectively, at the discretion of Governor Frank Savage.
The two newly created offices are the Complaints Commissioner and the Register of Interests, both designed as apolitical checks on the power of elected officials and any other public agent subscribed by subsequent law.
The Complaints Commissioner will be able to investigate any charges presumed to implicate authorities usually harder to reach by traditional investigators, without interference from any office in the territory.
The Register of Interests will record the assets, liabilities, income and interests of ministers and legislators, as well as any official later ordered, except the governor, and thereby be able to monitor for corruption of power or any other impropriety of conduct.
Apart from the creation of new offices, the other new section expands the authority of an old one, the deputy governor, bringing that office more closely to the actual power and duties of the governor.
Belonger status is redefined
The three new sections to the Constitution aside, the remaining 11 replacement sections and amendments only slightly modify to existing power structures through either higher membership of specific governmental bodies, qualifications for offices, more responsibilities and authority of certain offices, and the frequency of Legislative Council meetings.
Perhaps the most socially significant is the tighter definition of women who can claim BVI belonger status in the territory, primarily eliminating automatic belonger status for women marrying a belonger unless she has also received a certificate under section 16 of the Immigration and Passport Act of 1977.
In his speech announcing the constitutional changes, the chief minister appeared gratified with the amendments permitting one more minister for a total of five, including the chief minister, office in the cabinet, an alteration furthering government’s power.
“It took some time to negotiate that we needed five ministers,” Mr. O’Neal said. “It is to be noted that this is one less than the number of ministers in the Turks and Caicos Islands, although they have a smaller population than the British Virgin Islands.”
Public service commission expands
The Public Service Commission was dealt with in two amendments and a replacement section. Those changes include expanding of the commission from three to five persons, provisions for the chief minister and the opposition leader to select one candidate each, and for the governor to delegate to any commissioner greater powers. Other amendments allow religious leaders to run for office, and provide that the speaker of the Legislative Council be chosen from one of its members and that Legislative Council meetings be held within two months of the last one. Currently meetings must be held every three months.