Beautiful Virgin Islands

Monday, Oct 06, 2025

Ambiguity enshrouds HOA debate in Neville Smith’s exemption

Ambiguity enshrouds HOA debate in Neville Smith’s exemption

A stirring debate about a section of law that allows a House of Assembly (HOA) member exemption from vacating his seat was a major point of contention during parliamentary proceedings on Thursday, July 29.

A motion/resolution to have government legislator, Neville Smith exempted, were brought before the House after his company entered into two contracts with the government.

Though one of those contracts was signed more than eight months ago, Premier Andrew Fahie yesterday argued that, based on the law, Smith had done nothing wrong in having the resolution brought belatedly before the House of Assembly.

What the law says


The segment of law in question — Section 67(7) of the Virgin Islands Constitution Order — says that, “if in the circumstances it appears just to do so“, the House may exempt an elected member from vacating his/her seat if he/she tells the HOA the nature of the contract his company is involved with and does so, “before, or as soon as practicable after becoming interested in a contract with the government”.

According to the Premier, anybody would know that the word “practicable” is very ambiguous as used in that context.

Fahie said while persons may dispute the meaning of the term “practicable”, there was no consensus that made it illegal for an exemption resolution to be brought before the HOA past a certain time.

He suggested the word needed to be properly defined and said this might be best done through a constitutional review. He suggested that the law be changed for persons seeking exemption do so within a three-month time frame, where possible.

He then went on to say some of the BVI’s systems are broken and needed urgent attention.

Gov’t had ample opportunities to raise exemption issue


Meanwhile, Opposition Leader Marlon Penn said a clear legal opinion on the matter was needed, and publicly sought the view of the attorney general yesterday.

He pointed out that there were ample opportunities to resolve the issue since there were at least five separate sessions of the House where the government could have sought the exemption for Smith.

Penn said while he agreed with the Premier on the need for a constitutional review, it was important to set the right precedent now; especially in light of the current scrutiny on the territory with the ongoing Commission of Inquiry.

No formal or forensic interpretation needed


In the meantime, Jo-Ann Roberts, sitting in for Attorney General Dawn Smith, offered that the terms under contention — “as soon as practicable” and “if the circumstances appear just to do so” — did not require any formal or forensic interpretation.

According to Roberts, a resolution of the matter simply required House members to look at the circumstances surrounding the particular motion/resolution and the information surrounding the debate.

Roberts said each legislator — using the literal definition of the word ‘just’ as noted in the section of law — should determine whether they felt it was right to exempt Smith under the circumstances.

Ultimately, the resolutions to have Smith exempted from vacating his seat successfully passed in the House.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Munich Airport Reopens After Second Drone Shutdown
France Names New Government Amid Political Crisis
Trump Stands Firm in Shutdown Showdown and Declares War on Drug Cartels — Turning Crisis into Opportunity
Surge of U.S. Billionaires Transforms London’s Peninsula Apartments into Ultra-Luxury Stronghold
Pro Europe and Anti-War Babiš Poised to Return to Power After Czech Parliamentary Vote
Jeff Bezos Calls AI Surge a ‘Good’ Bubble, Urges Focus on Lasting Innovation
Japan’s Ruling Party Chooses Sanae Takaichi, Clearing Path to First Female Prime Minister
Sean ‘Diddy’ Combs Sentenced to Fifty Months in Prison Following Prostitution Conviction
Taylor Swift’s ‘Showgirl’ Launch Extends Billion-Dollar Empire
Trump Administration Launches “TrumpRx” Plan to Enable Direct Drug Sales at Deep Discounts
Trump Announces Intention to Impose 100 Percent Tariff on Foreign-Made Films
Altman Says GPT-5 Already Outpaces Him, Warns AI Could Automate 40% of Work
Singapore and Hong Kong Vie to Dominate Asia’s Rising Gold Trade
Trump Organization Teams with Saudi Developer on $1 Billion Trump Plaza in Jeddah
Manhattan Sees Surge in Office-to-Housing Conversions, Highest Since 2008
Switzerland and U.S. Issue Joint Assurance Against Currency Manipulation
Electronic Arts to Be Taken Private in Historic $55 Billion Buyout
Thomas Jacob Sanford Named as Suspect in Deadly Michigan Church Shooting and Arson
Russian Research Vessel 'Yantar' Tracked Mapping Europe’s Subsea Cables, Raising Security Alarms
New York Man Arrested After On-Air Confession to 2017 Parents’ Murders
U.S. Defense Chief Orders Sudden Summit of Hundreds of Generals and Admirals
Global Cruise Industry Posts Dramatic Comeback with 34.6 Million Passengers in 2024
Trump Claims FBI Planted 274 Agents at Capitol Riot, Citing Unverified Reports
India: Internet Suspended in Bareilly Amid Communal Clashes Between Muslims and Hindus
Supreme Court Extends Freeze on Nearly $5 Billion in U.S. Foreign Aid at Trump’s Request
Archaeologists Recover Statues and Temples from 2,000-Year-Old Sunken City off Alexandria
China Deploys 2,000 Workers to Spain to Build Major EV Battery Factory, Raising European Dependence
Speed Takes Over: How Drive-Through Coffee Chains Are Rewriting U.S. Coffee Culture
U.S. Demands Brussels Scrutinize Digital Rules to Prevent Bias Against American Tech
Ringo Starr Champions Enduring Beatles Legacy While Debuting Las Vegas Art Show
Private Equity’s Fundraising Surge Triggers Concern of European Market Shake-Out
Colombian President Petro Vows to Mobilize Volunteers for Gaza and Joins List of Fighters
FBI Removes Agents Who Kneeled at 2020 Protest, Citing Breach of Professional Conduct
Trump Alleges ‘Triple Sabotage’ at United Nations After Escalator and Teleprompter Failures
Shock in France: 5 Years in Prison for Former President Nicolas Sarkozy
Tokyo’s Jimbōchō Named World’s Coolest Neighbourhood for 2025
European Officials Fear Trump May Shift Blame for Ukraine War onto EU
BNP Paribas Abandons Ban on 'Controversial Weapons' Financing Amid Europe’s Defence Push
Typhoon Ragasa Leaves Trail of Destruction Across East Asia Before Making Landfall in China
The Personality Rights Challenge in India’s AI Era
Big Banks Rebuild in Hong Kong as Deal Volume Surges
Italy Considers Freezing Retirement Age at 67 to Avert Scheduled Hike
Italian City to Impose Tax on Visiting Dogs Starting in 2026
Arnault Denounces Proposed Wealth Tax as Threat to French Economy
Study Finds No Safe Level of Alcohol for Dementia Risk
Denmark Investigates Drone Incursion, Does Not Rule Out Russian Involvement
Lilly CEO Warns UK Is ‘Worst Country in Europe’ for Drug Prices, Pulls Back Investment
Nigel Farage Emerges as Central Force in British Politics with Reform UK Surge
Disney Reinstates ‘Jimmy Kimmel Live!’ after Six-Day Suspension over Charlie Kirk Comments
U.S. Prosecutors Move to Break Up Google’s Advertising Monopoly
×