July 6 House of Assembly Order Paper

SECOND SITTING OF THE FIRST SESSION OF THE THIRD HOUSE OF ASSEMBLY OF THE VIRGIN ISLANDS

TO BE HELD ON MONDAY, 6th JULY, 2015 AT THE HOUSE OF ASSEMBLY ROAD TOWN, TORTOLA AT 10:00 A.M.

ORDER OF THE DAY

ORDER OF THE DAY 1)

Prayers

2)

Confirmation of Minutes Confirmation of Minutes for the Meeting of 23rd June, 2015

3)

Announcements by the Speaker

4)

Statements by Ministers

5)

Presentation of Papers a) The Premier and Minister of Finance to lay on the table the following documents: 1.

Central Statistics Office Department Report 2013;

2.

Town and Country Planning Department Annual Report 2013;

3.

OCTA Ministerial Conference, Road Town, Tortola, British Virgin Islands, 26thFebruary, 2015 – Political Declaration;

4.

National Bank of the Virgin Islands 2013 Annual Report;

5.

Virgin Islands Shipping Registry 2012 Annual Report;

6.

British Virgin Islands Financial Services Commission Annual Report 2012;

7.

British Virgin Islands Financial Services Commission External Commissioner’s Presentation to Cabinet 2013;

8.

British Virgin Islands Financial Services Commission Strategic Work Plan 2014;

9.

British Virgin Islands Financial Services Commission 2014 Revenue and Expenditure Budget;

10.

British Virgin Islands Financial Services Commission 2015 Revenue and Expenditure Budget;

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11.

British Virgin Islands Financial Services Commission Strategic Work Plan 2015;

12.

British Virgin Islands Financial Services Commission Annual Report 2013;

13.

Statutory Instrument 2013 No. 88 Investment Business (Approved Managers) (Amendment) Regulations 2013;

14.

Statutory Instrument 2014 No. 90 Financial Services Commission (Fees) (Amendment) Regulations, 2014;

15.

Statutory Instrument 2015 No. 37 A Proclamation by the Governor under Section 1 of the Securities and Investment Business (Amendment) Act, 2015 declaring the date on which the said Act shall come into force;

16.

Statutory Instrument 2015 No. 42 A Proclamation by the Governor under Section 1 of the Trade Marks Act, 2013 declaring the date on which the said Act shall come into force;

17.

Statutory Instrument 2015 No. 28 Stamps (800th Anniversary of Magna Carta) Order, 2015

18.

Statutory Instrument 2015, No. 44 Mutual Legal Assistance (Tax Matters) Order, 2015;

19.

Statutory Instrument 2015 No. 35 Securities and Investment Business (Incubator and Approved Funds) Regulations, 2015;

20.

Statutory Instrument 2015 No. 33 Financing and Money Services (Exemptions) Regulations, 2015

21.

Statutory Instrument 2015 No. 34 Financial Services Commission (Fees) (Amendment) Regulations, 2015.

i. b) The Minister for Health and Social Development to lay on the table the following documents: 1.

British Virgin Islands Health Services Authority – Revenue and Expenditure Budget for the Financial Year 2014/2015

2.

Statutory Instrument 2015 No. 18 Social Security (Benefits) (Amendment) (No.2) Regulations 2015;

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6)

Notices of Motions Given Orally a)

7)

The Premier and Minister of Finance to give notice that, at a later stage in the proceedings, he would seek leave to move the Motions standing in his name under Items 7(1)(i) through (xiii) on the Order of the Day. Public Business

1)

Government Business Introduction and First Reading

i)

The Premier and Minister of Finance to move a Motion for the Introduction and First Reading of the Bill entitled, “Tourist (Duty-Free Shopping System) Act, 2015”.

Suspension of Standing Order 52(2) and (3) ii)

The Premier and Minister of Finance to move a Motion for the Suspension of Standing Order 52(2) and (3) to allow for the Second and Third Reading of the Bill entitled “Tourist (Duty Free Shopping System) Act, 2015”.

Second and Third Readings iii)

The Premier and Minister of Finance to move a Motion for the Second and Third Readings of the Bill entitled, “Tourist (Duty Free Shopping System) Act, 2015”.

iv)

The Premier and Minister of Finance to move the following Motion: WHEREAS it is provided by section 18(1) of the British Virgin Islands Electricity Corporation Ordinance (Cap. 277) that the British Virgin Islands Electricity Corporation (hereinafter referred to as “BVIEC”) shall be empowered to borrow money, charge its assets, undertakings and revenues with repayment of any money borrowed together with interest thereon and may issue debentures, bonds or other securities to secure the repayment of money borrowed together with interest thereon subject to the approval of the House of Assembly; WHEREAS the House of Assembly of the Virgin Islands approved

by Resolution No. 2 of 2014 the borrowing by the British Virgin Islands Electricity Corporation of the sum of thirty-five million dollars ($35,000,000.00) to aid in financing the Corporation’s Phase V Development Programme;

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AND WHEREAS the Social Security Board has agreed to provide the British Virgin Islands Electricity Corporation with the sum of thirty-five million dollars ($35,000,000.00) (to be applied towards the Phase V Development Programme) at the rate of 3.5% interest per annum for the first seven years of the loan and at a fixed rate of 5. 0 % per annum thereafter, to be repaid within fifteen years in no more than sixty equal quarterly instalments after a two year grace period (if applicable); NOW THEREFORE BE IT RESOLVED that the House of Assembly of the Virgin Islands approves the borrowing by the British Virgin Islands Electricity Corporation of the sum of thirty-five million dollars ($35,000,000.00) from the Social Security Board at the rate of 3.5% interest per annum for the first seven years of the loan and at a fixed rate of 5. 0 % per annum thereafter, to be repaid within fifteen years in sixty quarterly instalments after a grace period of two years (if applicable) from the date of receipt of the said sum.

v)

The Premier and Minister of Finance to move the following Motion:

WHEREAS it is provided by section 33 of the Public Finance Management Act, 2004 (No. 2 of 2004) that the Government or any person acting on behalf of the Government has no power to give a guarantee involving the Government in any financial liability unless the guarantee is given in accordance with an enactment or under the authority of a resolution of the Legislative Council; WHEREAS the House of Assembly of the Virgin Islands, by Resolution No. 4 of 2014, approved the borrowing by the British Virgin Islands Ports Authority from First Caribbean International Bank (Cayman) Limited and its affiliates of the sum of thirty-five million dollars ($35,000,000.) and by resolution No. 5 of 2014 approved the government guarantee of this loan, for the purposes of assisting with the financing of the extension and widening of the cruise ship pier, and the creation of a mixed use real estate facility situated on Wickham’s Cay, Tortola, (“the Project”); WHEREAS the British Virgin Islands Ports Authority proposes to take an additional loan in the sum of fifteen million dollars ($15,000,000.) from First Caribbean International Bank (Cayman) Limited and its affiliates for the purpose of financing the completion of the Project; AND WHEREAS it is expedient that the Government guarantees the further borrowing of fifteen million dollars ($15,000,000.) by the BVIPA from First Caribbean International Bank (Cayman) Limited and its affiliates; NOW BE IT RESOLVED that the House of Assembly of the Virgin Islands approves the guaranteeing by the Government of the repayment of the 4

sum of fifteen million dollars ($15,000,000.00) to be borrowed by BVIPA from First Caribbean International Bank (Cayman) Limited and its affiliates for the purposes of financing the completion of the Project.

vi)

The Premier and Minister of Finance to move the following Motion: WHEREAS Honourable Ralph T. O’Neal, OBE was first elected to this Honourable House in September 1975 as member for the Seventh District (then Virgin Gorda) and served as Elected Representative for the Seventh District until 1979. He then served as the Elected Representative for the Ninth District (Virgin Gorda and Anegada) from 1979 to 2015 having held that seat continuously until the 2015 General Election; WHEREAS Honourable Ralph T. O’Neal, OBE was appointed as Chief Minister after the death of H. Lavity Stoutt and served as Chief Minister and Minister of Finance and Economic Development from 1995 to 2003. He then served as Premier and Minister of Finance from 2007 to 2011. He has also served in the capacity of Minister of Social Services (1979 to 1983), Minister of Natural Resources and Labour (1988 to 1994) and Deputy Chief Minister (1988 to 1995); WHEREAS Honourable Ralph T. O’Neal, OBE also served as Leader of the Opposition in the Virgin Islands on three occasions - more than any other politician. He first served as Leader of the Opposition whilst with the United Party from 1986 to 1988. He then served as Leader of the Opposition whilst with the Virgin Islands Party from 2003 to 2007 and again from 2011 to 2015; WHEREAS Honourable Ralph T. O’Neal, OBE is the longest serving elected politician in Virgin Islands history having served in the House of Assembly and Legislative Council (as it then was) for almost 40 years; AND WHEREAS Honourable Ralph T. O’Neal, OBE retired from political life in 2015; NOW THEREFORE, BE IT RESOLVED that the House of Assembly of the Virgin Islands bestows upon the Honourable Ralph T. O’Neal, OBE former Leader of the Opposition, the title of Member Emeritus for his most distinguished, devoted, dedicated and selfless service to the Territory of the Virgin Islands and its people and for his role in the development of the Territory; AND BE IT FURTHER RESOLVED that the House of Assembly of the Virgin Islands also places on record its sincere gratitude and appreciation to Honourable Ralph T. O’Neal, OBE and wishes the Honourable Ralph T. O’Neal, OBE a happy and peaceful retirement.

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vii)

The Premier and Minister of Finance to move the following Motion: WHEREAS it is provided under Standing Order 78 (1) (a) that there may be established Sessional Committees to be known as Special Select Committees; WHEREAS it is also provided under Standing Order 78 (1) (b) that such Special Select Committees shall be appointed by the House of Assembly which shall also specify the terms of reference for those Committees; WHEREAS it is further provided under Standing Order 78 (1) (c) that a Special Select Committee shall consist of such number of Members as the House of Assembly may specify; NOW THEREFORE BE IT RESOLVED by the House of Assembly of the Virgin Islands that there is established a Special Select Committee to be known as the Register of Interests Special Select Committee which shall carry out and exercise all the functions of the Committee under the Register of Interests Act, 2006 (No. 5 of 2006); AND BE IT FURTHER RESOLVED by the House of Assembly of the Virgin Islands that the following shall be members of the Register of Interests Special Select Committee and perform the functions aforesaid: Hon. Mark Vanterpool (Chairman) Hon. Alvera Maduro-Caines Hon. Julian Fraser

viii)

The Premier and Minister of Finance to move the following Motion: WHEREAS it is provided under Standing Order 72 that there shall be a Standing Select Committee known as the Public Accounts Committee; WHEREAS it is also provided under Standing Order 72 that the Standing Select Committees shall be nominated by the Speaker as soon as may be after the beginning of each House of Assembly and the Speaker has done so; WHEREAS it is further provided under Standing Order 72 as read with Standing Order 73 that the Public Accounts Committee shall consist of not more than five and not less than three Members, inclusive of the Member who is Chairman thereof; WHEREAS it is provided in Standing Order 73(2) that the Chairman of the Committee shall be the Leader of the Opposition; 6

AND WHEREAS the functions of the Committee are to consider, report and make proposals on matters relating to public accounts in accordance with all the powers thereunto enabling; NOW THEREFORE BE IT RESOLVED by the House of Assembly of the Virgin Islands that the following shall be members of the Public Accounts Committee of the House of Assembly of the Virgin Islands and perform the functions thereof: Hon. Julian Fraser Hon. Andrew Fahie Hon. Marlon A. Penn Hon. Archibald Christian ix)

The Premier and Minister of Finance to move the following Motion: WHEREAS it is provided under Standing Order 72 that there shall be a Standing Select Committee known as the Standing Orders Committee; WHEREAS it is also provided under Standing Order 72 that the Standing Select Committees shall be nominated by the Speaker as soon as may be after the beginning of each House of Assembly and the Speaker has done so; WHEREAS it is further provided under Standing Order 72 as read with Standing Order 74 that the Standing Select Committee shall consist of not more than five Members, inclusive of the Member who is Chairman thereof; WHEREAS it is provided in Standing Order 74(2) that a Minister shall be a Member and the Chairman of the Standing Orders Committee; AND WHEREAS the functions of the Committee are to consider and report on all such matters relating to the Standing Orders as may be referred to it by the House and in so doing exercise all the powers thereunto enabling;

NOW THEREFORE BE IT RESOLVED by the House of Assembly of the Virgin Islands that the following shall be members of the Standing Orders Committee and perform the functions aforesaid: Hon. Ronnie W. Skelton (Chairman) Hon. Myron V. Walwyn Hon. Delores Christopher Hon. Julian Fraser Hon. Andrew A. Fahie 7

x)

The Premier and Minister of Finance to move the following Motion: WHEREAS it is provided under Standing Order 72 that there shall be a Standing Select Committee known as the Services Committee; WHEREAS it is also provided under Standing Order 72 that the Standing Select Committees shall be nominated by the Speaker as soon as may be after the beginning of each House of Assembly and the Speaker has done so; WHEREAS it is further provided under Standing Order 72 as read with Standing Order 75 that the Standing Select Committee shall consist of not more than five Members, inclusive of the Member who is Chairman thereof; WHEREAS it is provided in Standing Order 75(2) that the Minister in charge of arranging the business of the House shall be a Member and the Chairman of the Services Committee; AND WHEREAS the functions of the Committee are to consider and advise the Speaker on all matters connected with the comfort and convenience of Members of the House and from time to time report to the House its Minutes of Proceedings and further that in so doing the Services Committee shall exercise all the powers thereunto enabling; NOW THEREFORE BE IT RESOLVED by the House of Assembly of the Virgin Islands that the following shall be members of the Services Committee and perform the functions aforesaid: Dr. the Hon. D. Orlando Smith (Chairman) Hon. Delores Christopher Dr. the Hon. Hubert O’Neal Hon. Julian Fraser Hon. Andrew Fahie

xi)

The Premier and Minister of Finance to move the following Motion: WHEREAS it is provided under Standing Order 72 that there shall be a Standing Select Committee known as the Committee of Privileges; WHEREAS it is also provided under Standing Order 72 that the Standing Select Committees shall be nominated by the Speaker as soon as may be after the beginning of each House of Assembly and the Speaker has done so; WHEREAS it is further provided under Standing Order 72 as read with Standing Order 76 that a Standing Select Committee shall consist of not 8

more than five Members, inclusive of the Member who is Chairman thereof; WHEREAS it is provided in Standing Order 76(2) that the Speaker shall be a Member and the Chairman of the Committee of Privileges; AND WHEREAS the functions of the Committee are to consider any matters affecting the power or privileges of the House and to report thereon to the House and in so doing the Committee shall exercise all the powers thereunto enabling; NOW THEREFORE BE IT RESOLVED by the House of Assembly of the Virgin Islands that the following shall be members of the Committee of Privileges and perform the functions aforesaid: Hon. Ingrid A. Moses-Scatliffe (Chairman) Dr. the Hon. Kedrick D. Pickering Hon. Alvera Maduro-Caines Hon. Melvin M. Turnbull Hon. Andrew A. Fahie

xii)

The Premier and Minister of Finance to move the following Motion: WHEREAS it is provided under Standing Order 72 that there shall be a Standing Select Committee known as the Regulations Committee; WHEREAS it is also provided under Standing Order 72 that the Standing Select Committees shall be nominated by the Speaker as soon as may be after the beginning of each House of Assembly and the Speaker has done so; WHEREAS it is further provided under Standing Order 72 as read with Standing Order 77 that the Standing Select Committee shall consist of not more than five Members, inclusive of the Member who is Chairman thereof; AND WHEREAS the functions of the Committee are to consider and report on regulations made by various authorities and to report thereon to the House and in so doing the Committee shall exercise all the powers thereunto enabling; NOW THEREFORE BE IT RESOLVED by the House of Assembly of the Virgin Islands that the following shall be members of the Regulations Committee and perform the functions aforesaid: Hon. Myron V. Walwyn (Chairman) Hon. Delores Christopher Hon. Melvin M. Turnbull 9

Hon. Julian Fraser Hon. Andrew Fahie

xiii)

The Premier and Minister of Finance to move the following Motion: BE IT RESOLVED that the House of Assembly of the Virgin Islands approves the supplementary estimate set out in the Schedule which represents monies to be expended under their respective Heads in variation of the amount appropriated by the Appropriation Act, 2013 (Act No. 14 of 2012) as follows: (a) Recurrent Expenditure of nineteen million four hundred and twelve thousand nine hundred dollars ($19,412,900) to be charged against the Consolidated Fund of the Territory.

2)

Private Members Business

8)

Other Business

9)

Adjournment

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