A major recommendation by the British Virgin Islands’ Constitutional Review Commission (CRC) aims to give voters more say in choosing the country’s top leader.
The report noted that during the consultation process, “there were certain recurring themes which were imparted with a firm and unshakeable resolve that these particular things must be addressed in the next Constitution. Three of these are as follows: (a) a clarion call for the electorate to vote directly for who is to be Premier and Deputy Premier; (b) the at-large system is not working; and (c) a perception of sister-islands being grossly underrepresented.”
The CRC proposes reforming the current process where the Premier is appointed from elected Members of the House of Assembly after a general election. Instead, it recommends empowering voters to directly elect a Premier candidate on the ballot.
“Based on the comments received, there is a belief that direct election will create a more representative system, with a chief executive officer more responsive to the public’s wishes and with greater accountability to the voters”, the report said.
Under the proposal, Premier and Deputy Premier positions would be chosen from a pool of at-large candidates on the ballot, rather than through a direct separate vote.
“The Territory should adopt a system of election of the Premier and the Deputy Premier by selecting the holders of these offices from the pool of at-large candidates, rather than through a direct election. This would enable the voters to choose their leaders, while at the same time keeping the largely parliamentary system of government now in effect”, the report said.
To implement it, the CRC recommends expanding at-large representative seats following an electoral boundaries review. The review would both “assess and review the electoral boundaries following shifts in the population since the last such exercise and also to pave the way for the future appointment of a sixth Minister”.
“Subject to such boundaries review, either increase the number of seats in the House of Assembly from 13 to at least 15, made up of 9 district seats and 6 at-large seats (an increase of 2), or increase the number of seats in the House of Assembly from 13 to 15, all at-large; In the hybrid model, amend sections 52(1)(a) and (b), (2) and (3) of the Constitution to make it a requirement that the at-large Member who commands majority support in the HoA should be appointed as Premier, regardless of party affiliation, and that the Deputy Premier must similarly be appointed from amongst the Members who were elected at-large. For consistency, section 70(2)(a) in relation to the Leader of the Opposition may need to be revised accordingly”, it said.
According to the report, keeping the Premier selection pool limited to at-large Members would maintain elements of the parliamentary structure while creating a democratic mandate from voters for the Premier role.
“In the hybrid model (mixture of district and Territorial seats), a Government should, as far as possible form its Cabinet from amongst at-large Members although it is not being advocated that that be a mandatory requirement; In the hybrid model, at-large Members should concentrate on national issues and raise such matters for debate in the HoA. Their duties and responsibilities should be set out in legislation or in guidance in order to distinguish them from those representatives who hold district seats”, it said.
The report also recommends assessing a full presidential system if this hybrid model falls short.
“With regards to the issues of voting directly for the Premier and Deputy Premier, a review of whether the Territory should abandon the parliamentary system and implement a presidential system or a hybrid or semi-presidential system should be undertaken if the first recommendation above proves unsatisfactory; and; With regard to the at-large system the outstanding review of the ‘pilot’ project should be undertaken”, it recommended.