Beautiful Virgin Islands

Wednesday, Oct 30, 2024

Lawmakers’ discretionary powers appropriate, review finds

Lawmakers’ discretionary powers appropriate, review finds

A recent review that stemmed from the Commission of Inquiry (COI) report has concluded that the discretionary powers granted to elected officials in various legislation are necessary, appropriate, and not overly broad or excessive.
The report, authored by local attorney Anthea Smith, includes a compilation of enactments in which elected public officials have been granted discretionary powers and an assessment of whether the discretionary powers granted are necessary or unnecessary, and whether they should be retained or removed.

It found that only a small number of provisions in a few enactments could potentially be challenged by way of constitutional motion.

Open to judicial challenge

The report’s conclusion highlighted three specific provisions that were identified as giving rise to the possibility of challenge. These include Section 57(2) of the Social Security (Employment Injury Benefits) Regulations, which allows the Minister to remove the chairman or any member of the Medical Appeals Tribunal without assigning any reason. Smith said this provision potentially compromises the independence of the tribunal because the Tribunal performs an adjudicatory function.

Another provision identified is Section 175(3) of the Public Finance Management Regulations 2005, which provides for the Cabinet to exercise discretion to accept or reject the recommendation of the Central Tenders Board. The report found that there is no guidance as to the criteria the Cabinet should take into account in exercising its discretion about the recommendations of the Central Tenders Board, which could potentially be subject to judicial review.

The matter of continued tender waivers by Cabinet over the years was a critical source of contention during the COI, with the government being accused up to late last year of still indiscriminately issuing tender waivers for government contracts.

Meanwhile, the report also highlighted Section 28 (3) of the Virgin Islands Investment Act, 2020, which empowers the Minister, on the advice of the Commission, to delay or prevent a foreign investor from transferring funds outside of the territory to prevent movements of capital that cause or threaten to cause serious difficulties for macroeconomic management of the economy. It further pointed out that, Section 25 of the Constitution confers protection from deprivation of any “interest in or right to or over property of any description,” except in certain listed circumstances. Deprivation for the purpose of preventing movements of capital for the safeguarding of the local economy, the review explained, is not included in that list.

Recommendations

More broadly, the report showed that the greater problem lies in areas of government statutes or regulations that do not clearly delineate a course of action, which places little if any, effective limit on the ability of public officials to act according to their inclinations without sufficient regard to the principles of good government.

In some cases, even where legislation sets out policy objectives and clear and principled approaches to the achievement of the same, elected representatives may ignore or bypass these. It contended that this gives rise to questions of enforcement and recommended supplemental legislation to provide clarity as to the purpose which the discretion is intended to serve and also suggested that guidelines be introduced for the exercise of discretion for the achievement of that purpose.

The review was conducted by attorneys Sydney Bennett, KC and Anthea Smith.
Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Apple Launches AI Features on Select iPhones
JP Morgan Sued Customers Over Viral Cheque Fraud Scheme
King Charles to Continue Global Tours Despite Cancer Diagnosis
Venice Extends Tourist Entry Fee Program to 2025
Tommy Robinson Charged Under Terrorism Act for Phone Offence
Plans to Increase Employers' National Insurance Announced
Washington Post Editor-at-Large Robert Kagan has RESIGNED after owner Jeff Bezos BARRED the endorsement of Kamala Harris.
Massive Theft of Artisan Cheddar from Neal’s Yard Dairy
US Man Charged with Murder of Co-Worker over Breaks
Carbon Monoxide Incident Claims Lives at UK Care Home
Birmingham Airport Evacuated Due to Suspicious Vehicle
Former US President Barack Obama raps the lyrics to Eminem's ‘Lose Yourself’ after the rapper introduces him at a Kamala Harris rally in Detroit
KYIV URGES NORTH KOREAN TROOPS IN UKRAINE TO SURRENDER
Ofcom Identifies Link Between Social Media Posts and UK Unrest
Russian Boxer Receives Lifetime Ban for Illegal Move in Boxing Debut
Biden Labels Trump a Threat to Democracy
McDonald's Linked to E. coli Outbreak Leading to One Death
Teacher Enoch Burke arrested at Wilson’s Hospital School in Ireland after refusing to endorse and affirm transgender ideology.
FBI Investigates Leak of US Intelligence on Israeli Strike Plans
Israeli Airstrike Targets Hezbollah's Financial Resources
China’s Baidu is revolutionizing transportation with its robotaxi service
Angela Rayner Secures Permanent Seat on UK National Security Council
Russian Ambassador Claims UK's Proxy War in Ukraine
Doctor Advocates for Assisted Dying Law Reform
Ruth Davis Appointed as UK’s First Nature Envoy
Pressure Mounts on Starmer to Discuss Reparations at Commonwealth Summit
James Cleverly’s Costly In-Flight Catering for Government Trips
AI Regulation Takes Center Stage in 2024 US Presidential Campaign
NASA Study Explores Potential Microbial Life Beneath Mars' Ice
Cats: The Liquid-Like Pets
Netanyahu Condemns Alleged Hezbollah Assassination Attempt
Liam Payne's Tragic Death: Tributes Pour In
Cuba's Power Struggles: Nationwide Blackout Strikes Again
Xi Jinping Urges Troops to Prepare for Conflict Amid Taiwan Drills
Farage Supported by US PR Team Linked to Steve Bannon
Controversy Over MP's Comments on Female Candidate's Family Responsibilities
Highlights from the Conservative Leadership Contest TV Debate
Childminder Jailed for Inciting Racial Hatred After Southport Attack
NHS England's Repair Bill Soars to Almost £14 Billion
Russia Accused of Using Incendiary Devices to Disrupt Western Confidence
Culture Wars: 'A Dog Whistle to Attack the Right', Says Badenoch
Virtual Reality and Advanced Technologies in Combating Cocaine Addiction
Chancellor Rachel Reeves Assembles Taskforce to Safeguard Financial Stability Amid Increased Borrowing Plans
RAF Typhoon Intercepts Air India Flight After Bomb Threat
Hamas Chief Yahya Sinwar Killed in Israeli Operation
Fruit Fly Gut Hormone Study Sheds Light on Human Longevity
Tragic Loss: Liam Payne's Passing in Buenos Aires
Liam Payne's Tragic Death in Buenos Aires
Trump Criticizes Zelensky for Role in Ukraine-Russia War
Yahya Sinwar’s Death Marks Pivotal Moment in Gaza War
×