Premier Wheatley Denounces Governor’s Request for Additional Powers as a Colonial Act

Premier Natalio Wheatley has vehemently criticised outgoing Governor John J. Rankin’s appeal for additional constitutional powers, branding it a “colonial act” that threatens the democratic rights of the Virgin Islands’ citizens.

Premier Wheatley announced on January 5 his intention to write to United Kingdom (UK) Minister David Rutley, urging him not to support Governor John Rankin’s request, emphasising the potential negative consequences of such a move.

The Premier further stressed that “subjects such as immigration and crown lands fall under the elected arm of Government, and there is no justification for powers being transferred or given to the Governor to undermine the democratic will and democratic rights of the people of the Virgin Islands.”

In his final Quarterly Report released yesterday before his departure from the territory, Governor 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.

“The governor should not be seeking additional powers to bypass democracy and the people of the Virgin Islands,” Premier Wheatley strongly asserted, terming it a potential “colonial act.” He stressed that the democratic will of the people, as expressed in the April 2024 elections, should not be undermined.

He emphasised the importance of constructive engagement between the UK and the Virgin Islands, highlighting the potential damage to the recently agreed Political Declaration.

Granting the governor additional powers, Premier Wheatley argued, would contradict the Political Declaration and damage the relationship between the Virgin Islands and the UK, setting back democracy in the territory. He called for unity among Virgin Islanders to protect democracy and human rights.

Governor Rankin expressed concerns over the government’s progress in implementing the Commission of Inquiry (COI) recommendations, warning of potential constitutional suspension and requesting additional powers.

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 the Governor, 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.”

In response, Premier Wheatley highlighted genuine strides in strengthening internal processes, specifically in areas like procurement. The Premier encouraged the public to review the progress presentation made by the Premier’s Office, available online.

Acknowledging the challenges faced, Premier Wheatley explained that adjustments to deadlines were necessary to ensure the completion of reforms. He pointed out the simultaneous efforts to balance reforms with the delivery of public services, hurricane recovery, and the pause in work due to the House of Assembly’s dissolution for the elections.

The Premier underlined that some of the ongoing reforms fall under the responsibility of the Governor, who faces challenges in balancing reform implementation and overseeing constitutional responsibilities in areas like security.

Premier Wheatley drew a parallel with the UK’s Brexit, emphasising that large-scale reform exercises cannot be completed in a short span, and the BVI government had done well considering the circumstances. He expressed disappointment in the Governor’s request for additional powers, stating, “It appears he wishes to act in areas of constitutional responsibility devolved to the elected arm of government.”

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.

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.