Governor defends having Deputy chair Cabinet instead of Premier
Amid complaints from the government, Governor John Rankin has defended his predecessor’s move to have the Deputy Governor chair Cabinet in his absence.
Section 49 of the Virgin Islands Constitution Order 2007 says the governor shall preside over Cabinet proceedings. But, “in the absence of the governor, there shall preside at any meeting of the Cabinet the Premier, or in his or her absence, the Deputy Premier.”
The government has contended that former governor Augustus Jaspert was disrespectful to never have allowed Premier Andrew Fahie to head Cabinet when he (Jaspert) was not present.
Responding to those complaints in a letter to the Commission of Inquiry (COI) dated July 15, Rankin pointed to another key part of the constitution — Section 38(2).
It says: “The Governor, acting in his or her discretion, may, by writing under his or her hand, authorise the Deputy Governor to exercise for and on behalf of the Governor any or all of the functions of the office of Governor, subject to such exceptions and conditions as the Governor may, from time to time, so specify.”
“Accordingly, ‘the Governor’ includes the person acting as governor who presides over Cabinet,” Rankin reasoned.
He also underscored an previous exchange between Premier Fahie and Jaspert about the ability to attend and/or chair meetings remotely.
Governor Rankin said this was something that was accommodated for the Premier while he (Fahie) was in isolation and was allowed to attend the meeting via Webex.
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It makes sense, Governor.
Gus was always happy to ignore laws that did not serve his purpose. The man was out of his depth, and was rightly sent home 9 months before the end of his contract.
This man just come and breaking the rules already???
What are you talking about breaking law. The law is very clear. ‘Governor’ is not a person in the law. It’s the position. The position can be held by two individuals but not at the same time. If the appointed governor is unable to fulfill the duties at any time, then the deputy governor assumes the role of governor. Only when both are unavailable can the premier chair cabinet. That is law.
Andrew always tooting respect. I have read his letters to the former governor (COI website). They are flooded with disrespect. Andrew, I am very disappointed in you. You lack diplomacy and this position has truly highlighted your level of maturity.
What you don’t realize is that you hold the blade of the knife but you keep tugging and bawling causing not only cuts to your silly self but cuts to the BVI people.
And where did you get this info that we the people want self determination. Did you take a vote from “we” the people? Stop spreading lies. Stop pushing the agenda of yourself and a few of your friends who don6t want to be held accountable for the public purse.
“the governor shall preside over Cabinet proceedings. But, “in the absence of the governor, there shall preside at any meeting of the Cabinet the Premier, or in his or her absence, the Deputy Premier” This is clear that the Premier should be presiding in the Governor’s absence. The Attorney general made an error with the constitution because it also makes no sense to say that the Premier should preside in the Governor’s absence when the Deputy Governor is always appointed to act as Governor in the Governor’s absence. That should be amended for more clarity and be more precise.
Our Premier is in Britain Air condition Dog house..
The constitution is very clear and is all encompassing. If the Governor is in office and is unable to attend (illness or otherwise unable to attend and he did not ask the Deputy to chair) then the Premier will chair the meeting. Once the Governor ask the the Deputy to chair the meeting then it is lawful since the Governor has absolute rights to delegate any of his duties to the Deputy. You cannot just look at one section of the constitution and think it is exclusive.