In December of 2020, as Governor Jaspert’s term came to a close, and after a tenure of turmoil, specifically under the 2019 elected leadership of an Andrew Fahie led Government, Governor Jaspert announced a Commission of Inquiry for the Territory. He noted that there were mounting concerns of questionable governance and widespread corruption in Government; as well as high level crimes being perpetrated at the very top echelons of Government.
A Commission of Inquiry was initiated to be conducted in 2021. The terms of reference were to make a full and impartial inquiry into whether there was information that corruption, abuse of office or other serious dishonesty in relation to officials, whether statutory, elected or public, may have taken place in recent years; if there were such information, to consider the conditions which allowed such conduct to take place and whether they may still exist; and, if appropriate, to make independent recommendations with a view to improving the standards of governance and the operation of the agencies of law enforcement and justice in the Territory.
A former judge of the English Court of Appeal, Sir Gary Hickinbottom was appointed as the commissioner to oversee the Inquiry. The hearings and taking of evidence were conducted over several months in different sittings, and the report was delivered on 4 April 2022 to Governor Rankin, and after private review, was to be handed over to then sitting Premier Andrew Fahie.
A delegation was announced to head to the UK for discussions on the results of the COI, however, those plans were impeded by the arrest of former disgraced Premier Andrew Fahie in Miami on 28 April 2022. With much confusion as to the arrest of the Premier and it’s possible relation to the contents of the COI’s final report, the Governor was forced to present the results of the COI to the people of the Virgin Islands on 29 April instead.
The report of nearly 1000 pages, concluded that in most instances, the principles of good governance, such as openness, transparency and even the rule of law were ignored. Governance was describes as "appallingly bad", and that it was suggested that serious dishonesty had taken place. The report also noted that various civil servants in the British Virgin Islands, including the Auditor General and the Director of Internal Audit had repeatedly drawn attention to these matters but had been consistently ignored. The Commissioner expressed the view that "the people of the BVI have been badly served in recent years, and that "the people of the BVI deserve better. He also stated that the UK Government owed an obligation not only to protect the BVI from such abuses but to assist them in achieving their aspirations for self government as a modern democratic state.
The report made a total of 49 recommendations, including four overarching recommendations. Most significantly amongst them, the report recommended that the Territory’s Constitution be suspended and reviewed, and that the United Kingdom reimpose direct rule over the islands for an initial period of up to two years. The UK Foreign Secretary at the time Liz Truss, dispatched then Overseas Minister Amanda Milling to the Territory for urgent talks. The report recommended that direct rule be conducted in conjunction with an 'Advisory Council' of people from the Territory.
The following days would see some residents of the BVI take to the streets in protest, and the House of Assembly restructured to see a new Government sworn in; the Unity Government was formed. The members consisted of:
- Dr. the Honourable Natalio Wheatley, Premier and Minister of Finance
- Honourable Kye Rymer, Deputy Premier and Minister for Transportation, Works and Utilities
- Honourable Marlon Penn, Minister for Health and Social Development
- Honourable Melvin M. Turnbull, Minister for Natural Resources, Labour and Immigration
- Honourable Sharie de Castro, Minister for Education, Culture, Youth Affairs and Sports
- Honourable Alvera Maduro-Caines, Junior Minister for Tourism
- Honourable Shereen Flax-Charles, Junior Minister for Trade and Economic Development
“I would like to join the Honourable Premier in pledging myself to work together in partnership to improve governance in the Virgin Islands,” Governor Rankin said at the time.
The Unity Government it would appear, to have saved the day by agreeing to the 49 COI Recommendations and a timeline to implement same. They would have staved off the partial suspension of the Constitution, however, an Order In Council was mandated to keep their feet to the fire. Quarterly updates were promised to the people by both the Governor and Premier. However, not without concerns from the people that the deadlines seemed unreasonable, to which the new Unity Government moved to convince the people that they’d commit to making it work.
Everything seemed to be moving fairly well. The Governor and Premier would have joint press conferences to update the public on progress; until the last couple months of 2022. The relationship between the Governor and the Premier seemed to sour and the Governor handed over his first negative report on the COI Implementation progress. The government was lagging behind and extensions given. In the Governor’s first update of 2023, he pointed out the lack of progress on areas he thought were of utmost importance, suggested further extensions as we were heading into elections and the possibility of a new Administration; also announcing that the Overseas Minister would be lifting the Order in Council by May 2024, should all go well and the Implementations completed.
All updates that would follow, would be negative updates. Delays on any further implementations, requests for extensions, and further extensions given.
On Friday 5 January, Governor Rankin gave what would be his final update on the COI Recommendations and Implementations. The report was damning with the Governor announcing that he would be seeking additional powers to see the implementation process completed. He announced that he would not move to have the Constitution partially suspended, but seek the additional powers. He also extended the completion deadline to November 2024.
Additional powers being sought by the Governor:
- The ability for the Governor to introduce and table legislation in the House of Assembly
- Full control of the Civil Service
- Procurement powers on contracts. To be able to send to contracts to the Auditor General or the HOA’s Public Accounts Committee for further scrutiny.
The Governor made a point to note that of the 25 recommendations implemented, 24 were completed under the Unity Government, with the additional being implemented by an independent body, suggesting that no new implementations were completed under the new sitting Government.
He further expressed his concern on the delay in tabling bills such as the Integrity In Public Life and the Whistle Blower legislations among others, and the difficulty he was having getting these types of legislation that would introduce good governance, tabled.
Although the Governor has said that the Constitution will not be partially suspended, the Order in Council remains and the Governor is seeking additional powers. The impact of this decision, most feel, is tantamount to suspending the Constitution, as decisions can and will possibly done against the will of the people.
The decision sets the BVI back some 200 years; but who should be blamed?
Over the past 8 months, the residents and business owners continue to cry out against what appeared to be misguided prioritisation of the sitting Government and lack of responsible leadership. Exorbitant funds spent on parties as well as excess travel by the sitting Administration. More important needs of the Territory appeared over looked. The Governor identified prioritisation as an issue with completing the implementation process.
In a statement late Friday evening, the Premier suggested that the Unity Government agreed to the COI Recommendations under ‘duress.’ But was it? Or was it a last ditch effort to secure a legacy by the Premier? A legacy of following in his late Grandfather’s footsteps as he touts often.
The Territory now sits in limbo pondering what next. Constitutionally elected Representatives have now lost control of the people’s House of Assembly and the Premier builds a case of colonialism and division as opposed to holding his Administration responsible and accountable.