Legal Affairs Committee

the Committee was interviewed for feedback on proposed ocean energy projects. these may take the form of a 96 mW offshore wind installation either off Archer’s bay in the north (fixed) or off enterprise or Coconut Court in the south (floating), as well as a 10mW ocean thermal energy conversion plant off Holetown. the projects are all still in the planning/approval stage.

Wind Projects the Committee participated in a virtual meeting with moe and other stakeholders on 15 october to update on progress to 2030 goal of 100% re. Wind was discussed in length and the moe was adamant that it still had an important place. on 22 october the GC attended the BL&p’s virtual town hall on the Lambert’s 10 mW wind project. At this session it appeared that the project had a green light from all regulatory agencies and installation was to start in 2021. since then the project seems to been stalled by regulatory issues and is looking less likely.

LEgAL AFFAIRS/gOvERNANCE COMMITTEE

the Legal Affairs Committee worked on several matters during the year but its main focus was on governance.

Governance one of the areas that the president and the Council prioritized during 2020-21 was the internal governance structure of the Chamber and the Council. this is in keeping with an increased focus on the way in which organisations, including non-profit ones, manage their affairs in accordance with international best practices.

the Legal Affairs/Governance Committee was mandated by the Council to provide an advisory role on governance matters being addressed, including nominations to serve on the Chamber’s Council and standing Committees annually. the Committee was also asked to assume monitoring and oversight responsibilities for the standing Committees of the Chamber, including possible performance evaluations of Council and Committees and recommending candidates for reappointment, removal, succession planning and performance improvements.

some of these areas were included in the consideration for a change to the structure of the nominations Committee. this revamped Committee is intended to assist with providing a framework for a more robust review process and succession planning for future leaders of the Chamber. the outcome of discussions in this regard will be a resolution to be put to the members for approval at the Annual General meeting to be held in may 2021.

the governance review process will also include a review and assessment of the Committees to see whether they are meeting the current objectives of the Chamber, as well as how effectively are they functioning and how can greater value be realized from the workings of these Committees. the Committee has also been asked to consider, as part of its review process, the preparation of an up-to-date Code of ethics for adoption by the Chamber’s membership.

A general review of the rules is also under consideration. Among the matters reviewed in that regard during 2020 were the provisions in the rules relating to the filling of casual vacancies. As a result, consideration is being given to the amendment of section 8(c) of the rules which speaks to the process relating to a casual vacancy. this along with other possible changes to the rules will be one of the matters to be reviewed by the new Council in 2021.

New Legislation the past year saw the passage of several pieces of new legislation, as well as a number of new bills for discussion purposes that were disseminated by the Government and were relevant to the members of the Chamber, which have engaged the attention of the Committee. Among the new Acts that would have been relevant to the Chamber is the Barbados data protection Act.

one of the key bills under consideration was the new Customs Bill which the Committee reviewed and provided comments to the Customs & trade facilitation Committee of the Chamber. the Committee Chair, mary mahabir, also participated in the Customs Bill Consultation Workshops hosted by the BCCI and provided insight on some of the legal aspects, including the enforcement mechanism and penalty provisions.

Business facilitation, particularly in light of the pandemic, was an even greater challenge during the past year than was previously the case. one of the ways identified to advance the Chamber’s objectives, is for the Chamber to partner with Government to advance its legislative agenda. this requires considerable resources, including legislative draftsmen, if meaningful ongoing input is to be made. further consideration will have to be given as to how the Chamber could assist in this area.

operational matters the Committee continues to assist the executive director and the Council on an ongoing basis with various legal matters, such as a review of the lease to own agreement with massy technologies Infocom Barbados for the provision of equipment and services to support the ICt solution for the Chamber. the Committee was also involved in discussions on certain matters relating to the Chamber’s pension plan.