“An Absolute Travesty”: Sixth District Representative Condemns Police Amendment Bill Over Privacy Risks

Sixth District Representative Myron V. Walwyn has voiced fierce objections to the proposed Police Amendment Bill 2024, during the First Sitting of the Second Session of the Fifth House of Assembly on 7 January.

Mr Walwyn condemned the push to pass the bill through all three readings in one sitting, warning of potential infringements on citizens’ fundamental rights and criticising the lack of public consultation on its far-reaching implications.

“I rise on a point of privilege to echo my very serious concerns with this proposed Police Act amendment going through the first, second, and third stages in one sitting, Madam Speaker,” said Mr Walwyn.

Walwyn highlighted the bill’s potential to infringe on privacy rights guaranteed under the 2007 Constitutional Order. He underscored the absence of public engagement, calling for greater transparency.

“There are some very serious incursions on the fundamental rights and freedoms of the citizens of this country. We have not been able, Madam Speaker, to make the public fully aware as to what is contained in this bill and the possible implications on their right to privacy,” he said.

Walwyn’s plea for broader consultation was ultimately put to a vote. All government members voted in favour of advancing the bill, while five opposition members, including Walwyn, voted against. One opposition member, Hon. Lorna Smith, abstained.

With a majority of votes in favour, the bill advanced to its third reading, despite Walwyn’s concerns. Legislators commenced debating the bill, continuing discussions when the House resumed sitting today, 8 January.

District Two Representative Hon. Melvin M. Turnbull joined Walwyn in voicing objections.

“I want to also support the sentiments raised by the member for the sixth district regarding this bill and trying to get it to first, second, and third reading. Madam Speaker, this is a new session of the House of Assembly. This Police Act has come and tried to come to this House in many different palm shapes and sizes,” Turnbull remarked.

He expressed unease with the manner in which the bill was being presented, warning of its potential impact on law enforcement and the public.

Hon. Melvin ‘Mitch’ Turnbull

“We have to be careful in what we’re doing. We understand the nature of what we’re dealing with in our territory. It is how we’re doing it, Madam Speaker, and we have to be responsible in how we are presenting something like this to the public. Because it not just affects the police and their ability to do their job, it affects the general public and the people that we are responsible for and our families,” Turnbull said.

Walwyn and Turnbull’s critiques reflect mounting concern over the bill’s potential consequences and the perceived haste in its passage. Walwyn described the process as a disservice to the public, stating, “Madam Speaker, I couldn’t sit here because it will be a travesty. It will be a travesty, an absolute travesty, if you want to do this in this honourable house.”

Premier Dr Natalio D. Wheatley, addressing the First Sitting of the Second Session of the Fifth House of Assembly on Tuesday, January 7, made a passionate appeal for the swift passage of the Police Amendment Bill 2024. The bill, first introduced last December, aims to rectify critical deficiencies in the British Virgin Islands’ legal framework, particularly concerning money laundering investigations and international cooperation.

Premier Wheatley emphasised the importance of compliance with recommendations from the Caribbean Financial Action Task Force (CFATF). “While these ratings are an indication of our commitment and diligence to satisfying our obligations, they also point out the need for further enhancement of our legal framework,” he stated.

He highlighted specific areas requiring urgent reform, including the investigative powers of law enforcement and the ability to effectively combat financial crimes. He pointed to gaps in recommendation thirty-one and immediate outcomes seven and eight of the CFATF Mutual Evaluation Report (MER).

“The MER discloses that our policing framework lacks the advanced investigative techniques necessary for confronting complex investigations such as controlled deliveries and undercover operations,” Premier Wheatley said. He underscored the need to empower law enforcement with tools for production, search, and seizure, not only for domestic cases but also for international cooperation.

“These amendments are vital to reinforcing our legal framework, enhancing cooperation among domestic and international agencies, and aligning our strategic initiatives with international standards and global best practices,” he added.

Premier Wheatley also reflected on the territory’s historical reputation for peace and low crime rates, contrasting it with current challenges. “Madam Speaker, we all grew up in a Virgin Islands which was peaceful. You could go several years without even having one murder,” he said. Despite recent upticks in crime, he maintained, “We are still relatively low crime.”

He criticised those seeking to politicise the bill, stressing its urgency and importance. “I would not return this new session for a second and third reading unless it was of the utmost urgency,” he declared.

The bill introduces sections 30(5)(b) and 30(5)(c), aimed at bolstering law enforcement’s effectiveness in combating financial offenses and ensuring compliance with international standards. These provisions are designed to enable the confiscation of criminal proceeds, facilitate the return of stolen assets, and deny criminals the benefits of their illegal activities.

“By equipping our law enforcement with the necessary powers and tools to thoroughly investigate and prosecute money laundering offenses, we are not just fulfilling our international obligations but creating an environment that allows for the proper detection and punishment of criminal activities,” the Premier said.

He closed his remarks with a call for collective action to protect the territory’s reputation as a secure financial center. “We must act resolutely to increase our compliance ratings, address the deficiencies identified in the Caribbean Financial Action Task Force Report, and maintain the Virgin Islands’ reputation as a secure and stable financial center,” he urged.
The Police Amendment Bill 2024 is expected to undergo its second and third readings in the coming weeks, with hopes of swift passage to address the pressing legal and policing challenges facing the territory.

Mr. Julian Willock has issued a formal response to a recent article published by Ms. Cindy Rosan in Guavaberry Media on October 23, 2024. The article, titled “Lorna Smith Sacrificed for Julian Willock Run in 2027,” contains allegations suggesting that Premier Hon. Natalio D. Wheatley’s dismissal of Hon. Lorna G. Smith OBE was part of a strategy to advance Mr. Willock’s political ambitions. Mr. Willock strongly refutes these claims, describing them as false and without basis.

In his statement, Mr. Willock clarified that he had no involvement in, nor prior knowledge of, the Premier’s decision to dismiss Hon. Lorna G. Smith OBE. He emphasised his friendship with Mrs. Smith and pointed out that, as a member of the Virgin Islands Party (VIP) and its Third District Committee, he was not consulted or informed about the Premier’s actions.

“To suggest that this was done as a political favor or in support of my alleged candidacy is completely baseless,” Mr. Willock stated. “I have had no discussions with Premier Wheatley, Hon. Julian Fraser, or any of their associates regarding any such matter.”

Mr. Willock urged Ms. Rosan to adhere to responsible journalism by ensuring her publications are grounded in fact rather than speculation. He condemned the report as both defamatory and misleading, asserting that he has made efforts to avoid becoming entangled in what he described as Ms. Rosan’s “vicious attacks” against other Virgin Islanders.

In a final note, Mr. Willock issued a measured warning: “Karma is real. When digging a hole for others, be sure to dig two.”

He also reminded the public of District Three’s upcoming annual Job Fair, scheduled for Sunday, October 27, 2024, from 2:00 PM to 5:00 PM at Therapy Works in Hannah’s Bay, Tortola.