Sir Geoffrey Cox QC who was hired to lead the BVI Government’s Inquiry Response Unit (IRU), openly condemned the UK’s failure to educate local government on the Registrar Of Interest Act during the June 21st hearing of the Commission of Inquiry.
Mr. Cox said that as a UK citizen he is embarrassed at this shortcoming, adding that simply passing the Act was not enough; the UK as the administering power had an obligation to ensure that the BVI was not only familiar with the terms and conditions, but trained on compliance and ramifications in the event of declination.
“When one is looking at the nature of the default here, you cannot ignore the fact that legislators around the world have had similar difficulties. And you have to ask yourself why. Why have even countries of 67 million had difficulties wrestling with this problem? With all of the resources and training, it was only known to introduce sensible system to the House of Commons in 1995 and the reason is that it requires a serious culture and adjustment of thinking for any legislature. And this assembly was given no support, nor training, no assistance with adapting and adjusting to that new act. So long as the act was passed, the box was ticked.”
“What should have been done and what we had to had a duty to do as the United Kingdom was offer practical and real support, not simply stand back and say the legislation is done! We should have had over here, Commonwealth Parliamentary Association officials, deputations, assistants, practical programs of support to bring about a mindset within this assembly of compliance and the understanding of the need for compliance,” Sir Geoffrey continued.
I AM EMBRASSED!
Sir Cox in expressing his disappointment in the UK failing the BVI said he’s quite embarrassed.
“This territory and this jurisdiction deserved better from the United Kingdom. I haven’t been able to find not a trace of support, practical experience given, wisdom communicated despite the promises that are so often made. I’m sorry, but I also feel frankly embarrassed. This is relevant because the tone of the inquiry is important. Of course it’s wrong. It’s a statutory obligation, but I don’t think we, coming from the United Kingdom as we do, can necessarily afford a moralistic goal.
Sir Cox when questioned by the Commissioner on the reasoning behind legislators’ failure to comply said “It’s simple; the statutory scheme was badly designed and structurally flawed because you need the incentive, at least of easy access to the members. Its normal in debate to refer to the Registrar of interests but the members couldn’t in this one unless you paid the fee. It needs to be a democratic tool.
Secondly, I don’t think the registrar was properly advised from 2016, indeed I think she was misguided.
And finally and most important of all, that culture change of which I have spoken about, which is a difficult one, needed to have been supported by wrap around policies and serious investment of support. With respect, you can’t just blame that on this territory and this jurisdiction. The United Kingdom as a duty and when it comes to good governance and developing good governance it must sit by the sides of these territories and lift it up.”
In response Commissioner Hickinbottom shook his head in disagreement adding “I just find that proposition difficult… that they needed better advice.”
Sir Geoffrey continued “Have you seen the Integrity in Public Life Act? I would commend you see it. Its badly in need of advice. Of course they need advice and expertise! They have excellent advocates and lawyers but these are matters which this jurisdiction is unfamiliar with and we (UK) have a responsibility.”
The Commissioner then continued “are you saying that the BVI Government is incapable of taking these steps on its own?” to which Sir Geoffrey Cox responded “as any young, nascent country they are entitled to expect from the administering power, support, practical help, the supply of know-how and expertise in order to equip them with the capacity for good governance. Yes!”
Majority of the former and current legislators cross-examined over the last week during the COI, admitted to breaching the Registrar of Interests Act.
Premier of the Virgin Islands, Honorable Premier Fahie said while the act was not prioritized, failure to comply should not be used as a label to render legislators incompetent.
Instead, he is focused on implementing measures to strengthen due diligence and compliance in the future regarding the act.