SPEECH FROM THE THRONE DELIVERED BY HIS EXCELLENCY THE GOVERNOR MR. BOYD MCCLEARY, CMG, CVO
First Sitting of the First Session of the Second House of Assembly
Multi-purpose Sports Complex
Thursday 8th December, 2011
Madam Speaker, Members of the House of Assembly, ladies and gentlemen, good morning.
Madam Speaker, I stand in this Honourable House to present the first Speech from the Throne for the Second House of Assembly.
Those who are not fully familiar with our Constitution may find it helpful if I explain that I am here today, at the invitation of this Honourable House, to deliver a speech on behalf of Her Majesty The Queen, in whom the executive authority of the British Virgin Islands is vested. The speech will outline the legislative programme and other plans of the government returned in last month‟s elections. I am delivering the speech on Her Majesty‟s behalf and thus references in this speech to “my Government” are references to Her Majesty‟s Government in the Virgin Islands, that is to say your government. The Speech from the Throne is a tradition in most Commonwealth countries and British Overseas Territories. Such a speech is critically important to the direction of the Territory as it outlines the agenda the elected Government plans to pursue „Putting Our Country First‟ to improve the standard of living all of the people.
Over the next four years, my Government will focus on seven broad areas to ensure that the Virgin Islands advance to a level of development where all residents will be able to enjoy good health, a high quality of life and personal fulfillment, a high quality natural and built environment, safe communities and opportunities to use their talents in gainful employment and entrepreneurship.
Madam Speaker, the seven broad areas are:
1. Stimulating/Fixing the Economy
2. Improving the Standard of Living
3. Improving Overall Social Services Programmes and Healthcare
4. Strengthening the Educational Sector
5. Protecting our Borders and Enhancing Law, Order and Public Safety
6. Public Sector Reform, Communications and Infrastructure; and
7. Re-establishing/Strengthening Regional and International Relations
Madam Speaker, these priority areas will be pursued through building a “people Government” in an atmosphere where protection of the person, property, personal freedom and human rights are accorded the highest priority through listening, collaborating, consulting and communicating.
The Economy
1. Madam Speaker, stimulating and fixing the economy in an effort to enhance the quality of life of the people of these Virgin Islands is the number one priority of my Government.
2. Madam Speaker, my Government is conscious of the dire effects of the global economic downturn on these Virgin Islands. So steps will be made to review the existing customs tariff regime with a view to keeping more money in the pockets of residents. My Government will also determine a “Basket of Goods” or basic items (which are critical to living in the BVI) to be imported duty free. The goal here is to ensure affordability of basic items and keep money circulating in the economy.
3. In a further effort to keep more money in our economy and to encourage local spending, as a means of strengthening this Territory, my Government, in reviewing the customs tariff, will give consideration to the calculation of customs duty on the free on board [FOB] value of goods and not on the cost insurance freight [CIF] value. This includes giving consideration to the introduction of a differential duty (two-tier) rate for re-sellers of goods without increasing the duty paid, so that businesses can become more price competitive and retain more business here in these Virgin Islands. My Government will work diligently with international shippers, with a view to getting shipping costs particularly from the United States mainland, to the British Virgin Islands reduced to a more competitive structure as that enjoyed by the neighbouring United States Virgin Islands.
4. Madam Speaker, this new Administration will focus on creating economic zones on Anegada and Jost Van Dyke for any business with exemptions from taxes and customs duty for 5 to 20 year periods and will introduce supporting legislation with regard to the location, development and type of structure required for any business to operate successfully. Priority will be given to green and environmentally compatible businesses and those businesses which bring value-added in tourism and financial services.
5. Madam Speaker, my Government says that tourism is in need of a major strategic overhaul at all levels. As a result, a vigorous Territorial rescue and recovery tourism strategy will be developed and will serve as a road map for this critical sector. This means we must reposition the sector to be competitive in the global marketplace by improving the marketing of investment incentives currently available through the revision of Acts such as the Encouragement of New Industries, Pioneer Status, Hotel Aid and the Commercial Recreational Vessels.
6. In this session Madam Speaker, my Government will enhance the Territory's competitiveness as a wedding and honeymoon destination by amending the Marriage Ordinance to reduce the residency requirement for a special marriage licence from three days to one.
7. In keeping with my Government‟s determination for a transparent Financial Services Industry, we will introduce the registration and monitoring of the Non-Profit Organizations (NPOs) and Non-Governmental Organizations (NGO) Bill to meet the requirement of the Caribbean Financial Action Task Force (CFATF) Special Recommendation VII (SRVII) for measures to be established to deter terrorist organisations from using NGOs and NPOs as vehicles for terrorist financing. This Bill will therefore enhance the existing Anti-Money Laundering Counter Terrorist Financing Regime.
8. Madam Speaker, earlier this year a bill was introduced in the House to legislate the registration of aircraft mortgages and aircraft engine mortgages in the Territory. While the Virgin Islands Aircraft Register has been active for several decades, the advancements in aviation technology have significantly increased the value of aircraft and in some cases the highly efficient modern aircraft engines are equally high in cost. Consequently aircraft owners use lending institutions to finance their aeroplanes, hence the need to expand the Virgin Islands Aircraft Register to account for all three components: the aircraft, the engine, and the mortgage. Today, we have the Mortgaging of Aircraft and Aircraft Engines Act. Madam Speaker, my Government will work assiduously to bring the related regulations to ensure this economic tool can be efficiently and soundly operated by the Territory's aviation regulator. This, Madam Speaker, will complement our existing Financial Services and Shipping Registries.
Improving the Standard of Living
9. Madam Speaker, improving the standard of living for all the people means building a better Virgin Islands and finding innovative ways of reducing the cost of living.
10. Improving the standard of living for all means that Government must ensure prudent financial management of the public service. In looking at fiscal responsibility, Madam Speaker, my Government sees the need to revise the Public Finance Management Act to strengthen fiscal discipline in the public service. My Government is committed to prudent financial management, where responsible and sound economic planning will be the cornerstones of this Territory.
11. In this Session, Madam Speaker, my Government will focus on utilising solar technology for street lights, public buildings and facilities, which will help to reduce demand on the grid and lower long-term costs for electricity. The introduction of legislation to encourage the use of alternative energy will be paramount in this regard.
12. Madam Speaker, in this first session my Government will make amendments to the Business Profession & Trade Licence Act, which will facilitate a more efficient and effective process of streamlining and linking all other requirements for establishing and operating a business within the Territory. These amendments are aimed both to address the issue of the workflow and timely processing of all licences and related permits, as well as to address the need for implementation of standard requirements, which are internationally recognised. Such efficiency contributes towards my government's efforts to creating an attractive and highly competitive business climate.
13. Madam Speaker, small businesses are central drivers of the economy and they help to circulate the money generated from tourism. The majority of businesses in these Virgin Islands could be considered small businesses, which provide approximately 50 percent of jobs in the Territory. Many of these businesses face challenges, such as access to capital and trained human resources, adequate management skills and limited markets. My Government will work diligently to re¬establish a Small Business Bureau, which will provide development assistance to small businesses to foster the growth of the business sector and to introduce new business in the Territory. By creating a Small Business Bureau, my Government can help to foster the next generation of small business owners and entrepreneurs.
14. Industry ownership and stake holding by Virgin Islanders, Madam Speaker, are important to the people of these Virgin Islands and to my Government. As such, a comprehensive assessment of the jobs industry will be completed to understand the employment needs and opportunities which are available in this Territory. My Government‟s goal is to ensure that appropriately trained Virgin Islanders are given an equitable opportunity to work. Consequently, Madam Speaker, my Government will create a Job Placement Commission comprising a cross-section of key public sector stakeholders such as Labour, Immigration, Government Training and Placement Officers, Financial Services Commission and other financial services private sector professionals as may be deemed necessary, to facilitate efficient, appropriate and equitable placement in the industry.
15. Madam Speaker, my Government will focus on a Consumer Protection Act to provide for the promotion and protection of consumer interests, in relation to the supply of goods and the provision of services to ensure protection of life, health and safety of consumers and others, and for the establishment of a Consumer Affairs Commission. The Consumer Protection Act is designed to empower, educate and protect consumers by safeguarding them against the sale of defective, unsafe and harmful products as well as deceptive and unethical practices in the market place. My Government will use public input and feedback to draft the consumer protection legislation.
16. As a follow-up to the National Trade Policy for the Virgin Islands, which is designed to bring legislation on fair competition, foreign direct investments, franchising, anti-dumping and consumer protection, Madam Speaker, my Government will seek to move forward with giving priority consideration to a review of the high cost of living in the Territory and the need for competition laws.
17. Madam Speaker, my Government will introduce a Fair Competition Bill to ensure that the benefits expected by operating within an attractive business climate is void of anti-competitive business conduct against small businesses by bigger and well established businesses. The Act will:
(a) enable businesses in achieving compliance with the rules of competition;
(b) discourage anti-competitive business conduct of big businesses against smaller and less competitive businesses; and
(c) enable the BVI to co-operate with other competitive authorities (locally, regionally and internationally) in the detection and prevention of anti-competitive business conduct, and the exchange of information relating to such conduct.
18. My Government, Madam Speaker, will explore the feasibility of enabling the introduction of unemployment insurance benefits to workers, particularly those in the hospitality industry, who are unemployed for extended periods during the off¬season.
19. Madam Speaker, my Government will review the current exemption on payroll taxes with a view to increasing the exemption from $10,000 to $15,000.
20. My Government will introduce legislation in the form of a Landlord Tenancy Act to protect the rights of landlords and tenants to the disadvantage of neither.
Social Services Programmes and Healthcare
21. Madam Speaker, I now wish to turn to the all important matter of health, and public health care delivery. It is imperative that we continually improve the quality of health services provided to the people of this Territory; ensuring that basic health care needs are more equitably and effectively met; while also addressing the socio-economic determinants of poor health. The BVI Health Services Authority was established in 2005 to strengthen the public health care system by creating a separation of functions between the Ministry of Health, as regulator, and health care providers. The introduction of this new management structure was aimed at improving the operations of Peebles Hospital, and enhancing the quality of care delivered through the community health services.
22. Madam Speaker, significant challenges persist within the current system due primarily to issues surrounding the capacity of the BVI Health Services Authority to fulfill its role, responsibilities, and reporting requirements as set out in the BVI Health Services Authority Act, 2004.
23. I wish to assure you, Madam Speaker that my Government will move swiftly to amend the BVI Health Services Authority Act with a view to introducing measures to improve the governance and management of the Health Services. The amendments will seek, among other things, to address existing concerns regarding the Board‟s governance role, as well as to clarify and strengthen the role of the Ministry of Health to provide strong support, strategic guidance, advocacy and performance monitoring (including financial accountability).
24. The proposed amendments would also allow the Ministry of Health to resume direct responsibility for the management of Community Health Services (including Community Clinics, Mental Health Services and Dental Services). This will allow the BVI Health Services Authority Board to devote greater attention to improving the performance standards of Peebles Hospital, and to develop a network of public hospitals, where feasible.
25. As part of our efforts to improve the standard of health care delivery in these islands, Madam Speaker, my Government is strongly committed to completing the work which was started in 2006 to establish a National Health Insurance System as a mechanism for facilitating equitable access to quality health care services for all the people of the Virgin Islands.
26. Madam Speaker, legislation will be brought before this Honourable House to establish and regulate the operations of a National Health Insurance System.
27. Madam Speaker, my Government recognises the need to improve the standard and delivery of mental health services throughout the Territory. I am pleased to report that a thorough review of the Mental Health System was recently conducted in light of modern advances in the field of psychiatry, and relevant international human rights commitments and obligations, with assistance from the Pan American Health Organisation (PAHO).
28. During this Session Madam Speaker, a new Mental Health Act will be introduced to ensure improved access to care, the protection of human rights, the promotion of mental health, and the prevention of mental disorders. It will provide the legal framework to foster a positive approach to mental health, and discourage all forms of stigma and discrimination against individuals and their families who are afflicted and /or affected.
29. During this Session, Madam Speaker, comprehensive Port Health Legislation will be brought before this Honourable House to enable the Territory to fulfill its obligations under the International Health Regulations, 2005 (IHR). The IHR is an international instrument which is legally binding in all World Health Organization (WHO) Member States (and has been extended to the Virgin Islands as an Overseas Territory of the United Kingdom). It was developed to help countries work together to prevent, control and provide protection against the international spread of disease, while at the same time avoiding unnecessary interruptions to international traffic and trade. The Virgin Islands must therefore ensure that all necessary arrangements are in place to meet the requirements outlined by the IHR at designated ports of entry to avoid the far-reaching implications of disruption to our international trade and travel. Significant work has been ongoing to strengthen the Territory‟s health surveillance and response capacity under the leadership of the Ministry of Health and Social Development.
30. It is now necessary that we develop the required legal framework, Madam Speaker. Towards that end, my Government will bring a new Quarantine Act; together with new Quarantine Regulations; including The Quarantine (Ships) Regulations and the Quarantine (Aircraft) Regulations, during this Session.
31. Madam Speaker, my Government will also bring legislation to regulate the importation and exportation of human remains, as we move decisively to strengthen our border and health security systems.
32. Madam Speaker, from a health perspective, the Water and Sewerage Act will be amended to mandate restaurants to have grease traps. Provision is also being made to address water theft by increasing fines, which serve as a deterrent not to steal water. The amendment to the Act will give more authority to the Director of Water and Sewerage to levy fines. The amendment will allow the Department to operate in a more modernised mode in keeping with global best practices in its approach to the provision of water and sewerage services.
33. Madam Speaker, the successful integration of the Special Needs population into these Virgin Islands is important to my Government. This population deserves a decent standard of living. They must have access to the highest standards of specialised education, health care and social services to assist them with achieving personal independence, reaching their fullest potential and enjoying a decent standard of living. As such, my Government will develop a Disability Act to help our Special Needs population integrate into society and benefit from employment opportunities. This will discourage discrimination and enhance their opportunity and potential to lead meaningful lives.
Education and Youth
34. Madam Speaker, when the Education Act was passed in 2004, the intention was that regulations would follow. Extensive consultation on these regulations was held with stakeholders and as such the recommendations will be reviewed and finalised. The Regulations will outline specific areas as provided for in the legislation to ensure that matters can be appropriately dealt with in our school system. They will provide guidance to the education system and all its stakeholders regarding the implementation of programmes and services. They will also provide for a monitoring of the delivery of education programmes operated under the Act, and provide services and processes for the conduct of school supervision, as well as complaint investigations requested by the public.
35. The development of a national youth policy is a priority of my Government. Madam Speaker, such a policy will be a facilitator of youth participation in the socio-economic development of the Territory. It will serve to ensure those policies about youth and for youth to support their participation in the design, implementation and evaluation of programmes and responses recognising that our development potential will be harnessed by pro-active youth engagement. The national youth policy will provide a framework for addressing youth issues and creating awareness among youth; an awareness of their roles and responsibilities in this Territory‟s overall development.
36. Madam Speaker, the establishment of a national sports policy to ensure the effective development of community and national sports facilities, strengthen the administration and coordination of sports and help to ensure financial management and accountability in sports will yield many positive fruits for the Territory. Among these will be reduction in sedentary lifestyle, which contributes to the burden of chronic diseases in our community, promotion of physical activity as an integral part of human development, recognition that participation in well organised and managed sports improves social and communication skills, as well as promoting moral development with emphasis on fair play, honesty and adherence to rules. Well-organised and managed sports will provide many social and economic opportunities including sports tourism. Additionally, successful pursuits in sports lead to greater expressions of BVI pride.
37. While the Territory has made advances in the offering and development of Technical Vocational Education and Training, Madam Speaker, there is still much more to be accomplished. My Government therefore strongly believes that a Technical/ Vocational Education and Training Policy and Regulations will aid with interventions targeting and addressing the needs of the Territory in a sustainable manner. It is important to introduce programmes which will open the door of opportunities for our youth that will allow them to determine their own destiny. The field of Technical and Vocational Studies is one area that must be advanced; setting stringent standards with licensing/proficiency exams to ensure our youth will keep pace with the economy, and vice versa. In order to build and instill BVI pride and commitment to our Territory, Madam Speaker, a national citizen service programme will be developed for all school leavers. This will become a mandatory programme for all school leavers so they can participate in and contribute to the development of their Territory, develop skills needed for community participation, and develop a keen sense and appreciation of our culture, and the social and physical environs.
Border management , Law enforcement and Public Safety
38. Reform of the Criminal Justice System is critically important to this new administration. Madam Speaker, the Prison Act and the Prison Rules have been in need of modernisation for some time now. My Government will initiate a series of reforms to include, but not be limited to, modernisation of the Prison Act and the Prison Rules, strengthening of the probation services, better coordination between departments, and tackling the root cause of offending, improving provisions for alternative sentencing and community sentencing, the detaining of minors, revising and updating of the prison operating standard manual, enhancing prisoner behaviour, risk assessment of offenders and restorative justice.
39. In an effort to strengthen law and order in the Territory, my Government will enact legislation to protect the citizens of the BVI and to strengthen the crime-fighting capabilities of the Royal Virgin Islands Police Force. The Closed Circuit Television Act will be introduced to allow the police to use CCTV for the prevention and detection of crime and disorder. It will also regulate the wider use of CCTV in line with the 2007 Constitution.
40. Madam Speaker, a Civil Forfeiture Act will also be introduced to allow for the seizure of the proceeds of crime through civil means. My Government will also introduce the Police (Amendment) Act, which will strengthen the complaints process, bring the forensic and evidence processes in line with international best practices, and require strategic accountability. The Police Service Commission Bill, which will set out the detailed procedures for the Commission, which was established following the 2007 Constitution, will also be introduced.
41. My Government will also introduce amendments to the Immigration and Passport Ordinance to bring this legislation in line with the 2007 Constitution.
Environment
42. Madam Speaker, my Government recognises the critical importance of the environment. As such, my Government intends to bring an Environmental Management and Conservation of Biodiversity Bill before this Honourable House. It will be a comprehensive environmental legislation, an overarching environmental law that will create a central unit with responsibility for the effective management of the environment and the natural resources of the Territory. The law will, among other things, also deal holistically with the conservation of bio¬diversity as well as Multi-lateral Environmental Agreements to which the Territory is a party.
Public Sector Reform, Communications and Infrastructure
43. Madam Speaker, I now turn to public sector reform, communications and infrastructure.
44. My Government strongly supports the on-going improvement of the Public Service, Madam Speaker, and will therefore bring before you legislation to effect public service reform with respect to service delivery and to ensure that professional services are delivered to the public. My Government will also introduce the Seamless Transfer Act facilitating easier movement between the Public Service and Statutory Boards, and will lay on the table of this Honourable House, the Public Service Commission Regulations.
45. Madam Speaker, my Government recognises the need to modernise our services. With the assistance of the Commonwealth Secretariat, we have commenced a readiness assessment of e-Government across the public service. In the coming year, Madam Speaker, following the required consultation with key internal and external stakeholders, my Government will introduce the relevant e-Government legislation to ensure that this Territory remains competitive in the delivery of services.
46. I now turn to the subject of infrastructure, which will include developing and introducing a road classification system to ensure the quality of the road network is progressively improved. Madam Speaker, my Government will aggressively pursue the expansion and improve the appearance and functionality of existing port facilities, notably building a new ferry terminal at West End. On Virgin Gorda it will be my Government‟s objective to move forward with the separation of the cargo and passenger dock. A ferry terminal will also be built at Trellis Bay, Beef Island. Additionally, Gun Creek in North Sound, Virgin Gorda and Setting Point on Anegada will be designated as ports of entry during this session.
47. Madam Speaker, my Government will strengthen the Physical Planning Act, 2004 which was enacted in March 2005 by introducing the requisite regulations. The absence of planning regulations has limited the effectiveness of the Act. The regulations will seek to replace the Land Development Control Guidelines, 1972 and will address areas such as the procedures for environmental impact assessments; the regulation of sub-division of land; and the preservation of buildings and sites.
48. Madam Speaker, a draft Street Naming and Addressing Policy will be brought before this House for consideration. The draft policy outlines the process for naming existing and new streets and sets out how physical addresses will be assigned. This, Madam Speaker, is critical to the implementation of the National Addressing System.
49. Madam Speaker, with my Government's eye squarely on good governance, the Elections (Amendment) Act, 2011 will be upgraded and consolidated. The Register of Interests Act, which requires the declaration and registration of economic interests by Honourable Members, will be amended to include senior public officers and to make all declarations public. And the long-awaited Freedom of Information Bill will be enacted to effect a framework for accessing information by the public.
50. Madam Speaker, a Human Rights Commission Bill will be introduced to give effect to Chapter 2 of the 2007 Virgin Islands Constitution. And, a Data Protection Bill will be enacted to determine how citizens' personal and private information is to be disseminated, and to whom.
51. Madam Speaker, my Government takes seriously the importance of the Administration of the Courts for the stability of the Territory. Therefore, a number of existing Acts will be amended for enhancing the work of the Court and sustaining the administration of the Courts. These include the Bills of Sale Act, the Registration and Records Act, The Courts of Justice Fees Act, the Probates (Resealing) Act, and the Eastern Caribbean Supreme Court Ordinance. The Jury Act of 1914 and the Commissioner for Oaths and Notaries Public Act will also be amended. And the Legal Professions Bill for the fusion of the branches of the legal profession, to determine the requirements for practice of the profession after formal legal education and to govern the conduct of legal practitioners, will be re-introduced.
52. During this first session, my Government will enact legislation to establish the legal framework for a comprehensive approach to disaster management in the Territory under the Virgin Islands Disaster Management Bill.
53. Madam Speaker, my Government will introduce amendments to the Fire and Rescue Services Act, Cap. 164 of 1986 (Amendments). These amendments will provide more scope to introduce the fire code to ensure the establishment of safety requirements in buildings which are accessed by the public. Legislation will be also introduced for controlled burning to deter property owners from endangering the lives of others. Madam Speaker, this House will also review draft legislation to regulate the handling of emergency calls and emergency medical services.
54. Madam Speaker, amendments to the Petroleum Regulations are necessary to allow for more stringent enforcement of oil spill policies. These amendments also make provisions for violators to take responsibility for such incidents, comply with proper clean-up procedures and also undertake the associated costs.
55. Madam Speaker, my Government sees the need to amend the Telecommunications Act. These amendments are necessary to ensure a legislative framework to guide effective regulation of the Telecommunications sector in keeping with international best practices. They will also set up safeguards for the use of this legislation for law enforcement purposes.
Re-establishing/Strengthening Regional and International Relations
56. Madam Speaker my Government will continue to ensure those healthy and productive relationships between Virgin Islands and the rest of the world are developed as it is fundamental to our quality of life and it is critical now more than ever. The effectiveness of these relationships will determine the Territory‟s economic and by extension, social success and more importantly, solidify our global positioning.
Conclusion
57. That Madam Speaker this concludes my presentation of the Government‟s legislative programme. As my Government embarks on the journey ahead, I encourage the people of this Territory to pray for the Members of Government and this Honourable House that they will have the wisdom to know and do what is right for all Virgin Islanders and residents. I pray God‟s protective and guiding Hand upon this First Session, upon its Members and upon the people of this Territory.
Madam Speaker, thank you for listening.