Governor John J. Rankin to Request Additional Powers – Suggesting Concerns Over BVI Government’s Ability to Conclude COI Reforms

British Virgin Islands outgoing Governor John Rankin has stated that the government will miss the May deadline for implementing the Commission of Inquiry (COI) recommendations and accused ministers of stalling nearly two years after the damning report was released highlighting corruption across various government levels.

In his final Quarterly Report released on January 5, Rankin said the government has had ample time – twenty-one months – to initiate real reform but has only managed a total of 25 of 48 recorded with only five months left before the deadline expires.

“It has been twenty-one months since the Commission of Inquiry (COI) Report was published. We are now well beyond the phase of reviews and audits. There has been ample time to consider recommendations and initiate real reform. However, progress in implementing the recommendations of the COI has significantly stalled. Only one additional recommendation is reported as completed over the past six months. The total stands at 25 of 48, with only a few months left until May 2024.”

He raised doubts about the “capability and determination of the BVI government to drive forward and complete reforms is in question,” highlighting that missing the deadline implies the Order in the Council—a potential two-year constitutional suspension—will remain in place.

The report noted that “at the beginning of April 2023, the then UK Minister for the Overseas Territories, Lord Goldsmith, wrote to me and asked me to agree deadlines with the BVI Government to ensure that the necessary reforms have taken root no later than May 2024.”

“This “should allow for the Order in Council to be lifted then.”  It looks unlikely that this will be achieved and hence unlikely that the Order in Council can be lifted at that point,” the report added.

The governor stressed that “despite the best efforts of many public servants to take recommendations forward, developing plans and policy, we have not seen the promised changes delivered.”
According to Governor Rankin, it remains “an option to consider an interim administration whereby the Governor takes over the responsibilities of Ministers in line with the Order in Council. However, this is not my recommendation at this stage.”

Instead, he has recommended that “an extension to the COI implementation process will be necessary for the Government to prove their commitment to reform and get the work done. An extension to the end of November 2024 should enable the recommendations to be fully considered and for legislation to be brought into force.”

Additionally, he explained that Lord Goldsmith in an April 2023 letter “asked me to consider if “resources, additional powers or technical expertise” were necessary to accelerate the Government’s reform programme. In addition to exercising the powers which I have under the Virgin Islands Constitution, I have reached the conclusion that I must request additional powers to help ensure the Framework Agreement proposed by the BVI Government is delivered. Experience has shown that providing more time alone will not be sufficient to deliver reform and that there may be a need for the Governor to step in further.”

“I do not underestimate the scale of the task to deliver the recommendations for which I am responsible. I have increased resources and developed contingency plans to ensure that the Law Enforcement Review (B38 & 41) and Vetting Project (B39) meet deadlines. I am confident that we will. I expect Ministers to take a similar approach and dedicate resource to make the COI reforms a priority.”

The governor added that he was “disappointed to be in the position of requesting additional powers and an extension at this stage.”

Acknowledging that some positive strides were made, the UK representative said he appreciated the community engagement on certain issues, “the outreach to the community that has taken place on some issues. The purpose of the COI process

is to benefit the people of the Virgin Islands and it is only right that they are consulted on key matters affecting them.”

The report also mentioned the diligent efforts of the Constitutional Review Commission (A2). “The Premier and I have now received the Review; I trust that this will be published as a priority so the public can digest its findings. I expect that the BVI Government will want to begin constitutional negotiations from the strongest foundations – implementing the COI recommendations will be an important step in that regard.”

But the governor highlighted that while there has been progress in addressing pending Residence and Belonger Status applications due to the Premier’s action plan, the Immigration Status Unit is still distant from meeting the weekly processing target of one hundred applications set by the Premier.

“There are still well over 1,500 applications pending. It is encouraging that the Immigration Board has been reconstituted,” the report revealed.

Former Governor Augustus Jaspert initiated a Commission of Inquiry in January 2021 to investigate potential instances of corruption, abuse of office, or significant dishonesty within the public sector in recent years, aiming to identify the circumstances that facilitated such occurrences.

The Inquiry Commissioner  Sir Gary Hickinbottom submitted a comprehensive 900-page report to Rankin on April 4, 2022 detailing findings of corruption across various government levels.

The report outlined 45 specific recommendations, including four overarching suggestions –  the partial suspension of the constitution, to overhaul the BVI’s governmental and governance structures.

Amidst the looming possibility of government suspension and upheaval triggered by the arrest of Premier Andrew Fahie in April 2022 in the United States on allegations involving drugs and money laundering, an interim government emerged, led by the recently appointed Premier Natalio Wheatley. Wheatley, formerly the deputy premier during the review, spearheaded efforts to avert a constitutional suspension.

With the partial implementation of recommendations, the 2023 elections saw all political parties pledging to uphold the COI recommendations upon taking office. Premier Wheatley secured reelection in April 2023.

Given Rankin’s critical findings, it is crucial for the territory’s government to advance the implementation of the CoI recommendations during the initial months of this year.

Rankin, who will be retiring from diplomatic service this month, shared that he continues “ to hold the best interests of the BVI in mind and I believe that these measures are necessary in ensuring that the BVI prospers in the future, with the strong foundations of a modern democracy.”

His successor will be Daniel Pruce.