The Virgin Islands Inquiries Bill, 2024, introduced into the House of Assembly on Tuesday, has sparked significant controversy among lawmakers in the British Virgin Islands (BVI).
The bill aims to repeal the antiquated Commissions of Inquiry Act Cap 237 of 1880 and establish a new framework for conducting inquiries into matters of public interest.
Despite its purported modernization efforts, the bill has faced severe backlash, particularly regarding the concentration of authority it grants to the governor.
Premier Dr. the Honourable Natalio Wheatley, who introduced the bill on behalf of Governor His Excellency Daniel Pruce, explained that the legislation is part of the ongoing Commission of Inquiry (COI) reforms. He underscored the necessity of ensuring that new laws reflect the BVI’s current constitutional developments and move away from colonial practices of the late 19th century.
However, Dr. Wheatley acknowledged the “grave concerns” voiced by his constituents following the bill’s first reading, particularly about who holds the power to initiate a Commission of Inquiry.
Unlike other common law jurisdictions such as the United Kingdom and New Zealand, where ministers of government and governor generals can call a Commission of Inquiry, the proposed bill vests this authority solely in the governor of the BVI. This prompted the premier to question whether the bill is “truly modern”.
Premier Wheatley further argued that while it is appropriate for authorities to have the power to investigate, it is equally crucial to ensure transparency and uphold constitutional rights and natural justice.
He advocated for the inclusion of provisions that guarantee access to representation and protection for witnesses in the new act.
The premier also emphasized the importance of maintaining democratic standards and warned against accepting undemocratic, colonial-era practices merely because the BVI remains a UK territory.
He reiterated his opposition to the colonial relationship between the BVI and the United Kingdom, asserting that the people of the territory, having long enjoyed freedom, should not tolerate an unequal colonial relationship.