A new war of words erupted between the House of Assembly and London after the United Kingdom threatened fresh action against the territory if the pace of ongoing public-sector reform slows down.
Ahead of coming constitutional talks, UK Overseas Territories Minister Stephen Doughty used a House of Commons statement to warn the Virgin Islands government that he “will not hesitate to act” if outstanding reforms are not implemented speedily.
Mr. Doughty informed British members of parliament on Oct. 13 that the UK “reserves the right to take any appropriate actions necessary” if it is not satisfied with progress in the territory.
Heightened tensions
The comments heightened tensions once again after London softened its stance last month by promising to lift its threat to impose direct rule following the completion of most reforms recommended by the 2022 Commission of Inquiry report.
That announcement came after a visit to Tortola by UK Anti-Corruption Champion Baroness Margaret Hodge, who acknowledged the COI reform progress but called for the territory to further boost transparency by opening its beneficial-ownership register to the public without restrictions.
The ‘hard work’
In his Commons statement last week, Mr. Doughty also acknowledged the territory’s recent reforms, but he insisted that the “hard work now begins.”
He also expressed “deep concern” about the findings of an April report by the UK’s Inspectorate of Constabulary and Fire and Rescue Services, which strongly criticised the territory’s law-enforcement agencies.
With security and law and order the constitutional responsibility of the governor, Mr. Doughty insisted that “appropriate funding” must be allocated to address organised crime and other threats to public safety.
The minister also urged the VI to prioritise the vetting of police officers and other law enforcers, such as prison and border officers.
“It is vital that these and other changes are made with urgency and appropriate funding provided to keep the people of the British Virgin Islands safe and to combat the serious and organised crime that impacts BVI, and on the United Kingdom, the region and our partners,” he said. “I will not hesitate to act if urgent improvements are not made.”
HOA response
Mr. Doughty’s remarks provoked a sharp response from HOA members, who released a rare joint statement on Friday.
Though they welcomed the minister’s acknowledgement of recent reforms, they said they expect more understanding from London.
“Eighteen new laws have been passed to strengthen transparency, accountability and the rule of law, underpinned by a Governance Reform Transition Plan to ensure these reforms endure across administrations,” they stated. “Real reform requires consultation, depth and durability. That is the path we have chosen.”
The HOA members claimed that the territory has taken hold of the reform agenda “in good faith” and with a diligent commitment.
“But reform cannot be a perpetual state,” they added. “It must mature into self-sustaining governance, grounded in local accountability and the right of Virgin Islanders to shape their own democratic future.”
They also indicated that threats of further intervention by the UK are not welcome.
“As we move forward, we seek to take our relationship with the United Kingdom to a new level of maturity: one defined by trust, collaboration and mutual respect,” they stated. “The people of the Virgin Islands have delivered substantial change that deserves to be acknowledged with respect.”
Security review
In keeping with COI recommendations, the HMICFRS report — the second volume of which was published in April — reviewed nine law-enforcement and criminal-justice bodies.
The inspectorate concluded that the VI is plagued by “local serious crime and corruption and transnational organised crime (including financial crimes),” raising concerns about the territory’s ability to manage key law-enforcement agencies without external support.
The report laid out a 10-year reform plan, which has since gotten under way. But some of these efforts — many of which fall under the governor’s purview — have already hit obstacles.
A recent High Court ruling, for instance, has temporarily limited the government’s power to force police officers to comply with a recently launched vetting process being carried out by the UK Home Office. And to date, no vetting process for other law-enforcement officers has been publicly launched.
Sticking points?
Other HMICFRS recommendations are likely to be sticking points during the VI government’s coming constitutional negotiations with the UK.
The inspectorate, for instance, recommended that the governor claw back devolved responsibilities for areas such as customs, immigration and financial investigations.
Such recommendations have drawn sharp criticism from elected leaders including Premier Natalio “Sowande” Wheatley, who described proposals to boost the governor’s reserved powers as “colonialism” on par with the UK’s threat to implement direct rule after the 2022 COI report.
The HMICFRS review included the Royal VI Police Force, the Customs Department, the Financial Investigation Agency, the Department of Immigration, the VI Prison Service, the Office of the Director of Public Prosecutions, the Magistrates’ Court, the Eastern Caribbean Supreme Court, and the Attorney General Chambers.
No comment
The governor did not immediately respond to a request for comment on Mr. Doughty’s remarks and the HOA response.
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