BVI Government Lagging Behind In Implementing Commission of Inquiry (CoI) Recommendations, Says Governor John Rankin

British Virgin Islands Governor John Rankin today pointed out that the government is substantially lagging behind in implementing many of the 2021 Commission of Inquiry (CoI) recommendations more than a year after the National Unity Government publicly promised to expedite them to avoid a two- year constitutional suspension.

In his third Quarterly Review under the provisions of the ‘Framework for the Implementation of the Recommendations of the Commission of Inquiry (COI) Report and Other Reforms’ (Framework Agreement) for the period of  February 1 to April 30, Governor Rankin candidly addressed several areas of concern, from government devoting more resources for the Royal Virgin Islands Police Force to conduct investigations outlined in the (CoI),  to a lack of commitment in clearing the current large backlog of Residency and Belonger status applications.

“There are two areas that the BVI Government urgently needs to devote more resources to in order to meet commitments made in the Framework Agreement. First, it is vital that police investigations carried out in line with the COI Report recommendations and in response to audits are completed thoroughly and as swiftly as possible so that those who may have broken the law are held to account. The Royal Virgin Islands Police Force must have sufficient capacity to conduct COI related investigations in a robust and timely way,” the report stated.

Regarding the  backlog of Residency and Belonger status applications, Rankin stressed that “there has been very limited work carried out to date to clear the large backlog of Residency and Belonger status applications, and this means that the Government is so far failing in its commitment to apply the ‘ten-year requirement for residency’ law in many cases.”

He further explained that he has discussed both concerns with Premier Natalio Wheatley who made a further commitment to provide the RVIPF with the “necessary resources by July 2023” and to implement “an early action plan to clear the backlog of applications.”

“I welcome the continued commitment to reform made by Hon. Dr. Natalio D. Wheatley in the opening days of his new Premiership. The Premier was clear that now is the time to re-energise the reform process and swiftly move forwards with the implementation of the remaining elements of COI recommendations. I look forward to working closely with the new and returning Ministers to ensure the delivery of the wide-ranging programme of reforms together,” the Governor said.

He added that there have been positive steps since the formation of the May 2022 National Unity Government following the release of the CoI recommendations, which included the suspension of the territory’s constitution for two years due to corruption at all levels of government.

“There have been some positive steps, albeit some in their infancy, over recent months. I am pleased that the Protocol for Statutory Board Appointments has now been agreed and is starting to be applied. I am grateful to the Deputy Governor’s Office for finalising the Public Service Management Code after consultation. I am pleased to report that His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services have now completed their work in another jurisdiction, and hence were able to visit the BVI in May to begin the law enforcement review.

He also noted that he is “encouraged by the increased use of open procurement” and reiterated that “single source procurement must be the exception rather than the norm. Indeed the Public Procurement Act 2021 expressly states that single source procurement can only be used in specific exceptional circumstances. It is also important that Ministries carry out timely procurement to ensure that good value and good governance is achieved, and that the making of retrospective payments is avoided.”

At the swearing-in ceremony on May 6 last year, Premier Wheatley publicly stated that he was committed to implementing the reforms and working with the governor.

“Let me state unequivocally that the national unity government is fully committed to reform. For the avoidance of doubt, I want to be perfectly clear: Our top priority is the implementation of the recommendations of the Commission of Inquiry report within a framework of democratic governance, and in close cooperation with the governor and United Kingdom, our partners” the Premier said a year ago.

Wheatley returned to office as the leader of the Virgin Islands Party in April this year. He has less than one more year to implement the recommendations in order for the Order in Council – the constitutional suspension threat – to be lifted.

Governor Rankin noted that he delayed the release of the review due to the April 24 general elections, and stressed that “I will continue to work diligently towards ensuring that the necessary reforms have “taken root” by no later than May 2024, which should allow the Order in Council to be lifted then. I will continue to consider whether there is anything more that I need to do to support and/or accelerate the reform programme, including exploring additional resources or seeking a grant of additional powers.

He added that the working relationship with the Premier remains constructive.

 “I believe that the working relationship between myself and the Premier remains constructive. I am extremely keen that there is no ambiguity around how reforms must be taken forward and what success looks like,” the Governor said.