On Tuesday in the House of Assembly, two legislators used the word “dictatorship” to decry a bill that Governor Daniel Pruce is proposing to modernise the Commission of Inquiry Act 1880 in keeping with reforms the government agreed to implement following the 2022 COI report.
Opposition Leader Ronnie Skelton said the system created by the bill — which, like the existing legislation, would give the governor exclusive authority to call an inquiry — would be “as close as you can get to dictatorship.”
On the government side of the aisle, Communications and Works Minister Kye Rymer spoke similarly.
“We are proud to say we are a modern democracy, but, Madam Speaker, when you read through this bill it’s more like a dictatorship bill,” he said. “And that is something that we must do some surgery on as we go through the committee stage.”
Premier Dr. Natalio “Sowande” Wheatley, who introduced the Virgin Islands Inquiries Bill 2024 on July 9 on behalf of the governor, used less critical language to deliver a related message on Tuesday.
“We just have to ensure that when we pass a bill, we pass a bill that reflects [the territory’s] constitutional development; that reflects the fact that we have ministers of government who are assuming responsibility or majority of the aspects of governance in this territory — and that we have a bill that does not smack of the colonialism of 1880,” he said.
Yesterday, in a WhatsApp group chat, Dr. Wheatley explained further.
“[The bill] was a recommendation of the COI, which, if we didn’t accept, our Constitution would have been suspended,” he wrote.
He added that lawmakers planned to amend the bill in the committee stage.
“Important thing is we are improving it,” he wrote. “By the time it is passed, it will be our bill.”
Review of the 1880 law
The bill is based in part on a review of the 1880 act carried out pursuant to recommendations in the 2022 COI report.
Completed by attorney Valera Dlamini in November 2022, the review recommends enacting new legislation that modernises and simplifies the language of the 1880 act.
Ms. Dlamani also called for the “rules of natural justice and the rule of law” to be “built into the act.”
Her report added, “Subsidiary legislation should be promulgated, as a bulk of the work of a commission is procedural and would therefore rely heavily on the provisions in subsidiary legislation.”
Ms. Dlamini also recommended that the law include definitions for terms like “public officer,” “misconduct” and “conduct.”
Definitions for these terms, among others, are included in the proposed bill.
‘Playing with democracy’
On Tuesday, HOA members debated the bill for about five hours before going into a closed-door committee session.
Speaker of the House Corine George-Massicote imposed time limits for each member, allotting 40 minutes to the opposition leader and 25 minutes for other members.
Mr. Skelton described the bill as “playing with democracy.”
“To me, you had an anomaly in a system which was the last COI, where the witnesses and other people tried to test the extent of the 1880 act,” he said. “And now you’re trying to correct it here, but you’re overcorrecting. … It cannot be allowed to happen.”
Among other criticisms, Mr. Skelton complained that the bill would give the governor the authority to appoint inquiry commissioners without consulting HOA members.
He also took issue with what he described as wide-ranging powers that would be granted to a COI to regulate its own procedures.
“Now I know in a lot of laws, we say the committee will regulate its own proceedings,” he said. “And that means something simple: That means, you know, the time we have meetings and who shall be there, and some of that. But this is extensive. And should it be here, or it should be in the regulations?”
Mr. Skelton also slammed a part of the bill that exempts legal counsel appointed by a commission from any requirement to obtain a practising certificate in the territory.
“You don’t need to destroy other systems in order for you to get your way,” he said. “This cannot be democracy.”
Walwyn’s view
Opposition member Myron Walwyn said it’s time to modernise the 1880 act, but he followed suit in criticising the proposed bill.
Among other concerns, Mr. Walwyn said he thinks the premier should have the power to call an inquiry.
He also argued that Dr. Wheatley should have been more forceful in advocating for such a change during the Tuesday debate.
“I also listened to the premier, and he did a very good job except for asking for what he wanted,” Mr. Walwyn said. “[He] went around the bush basically, and, of course, expecting the support of the opposition and other members to assist him in asking for him as the premier to be able to bring an inquiry. And I support him with that.”