Opposition sounds alarm as gov’t rushes Police Bill through HOA
Opposition members in the House of Assembly (HOA) has voiced strong objections to the swift progression of the Police Amendment Bill 2024, warning of potential risks to fundamental rights and calling for greater public consultation.
The bill, which proposes amendments to bolster law enforcement capabilities, was introduced by Premier Dr Natalio Wheatley for its first reading yesterday, January 7 and proceeded directly to a second reading within the same sitting.
Opposition lawmakers criticised the expedited legislative process, arguing that the public and stakeholders need adequate time to understand the bill’s implications.
Opposition legislators, including Sixth District Representative Myron Walwyn, expressed serious concern.
“On perusal of the bill, there are some very serious incursions on the fundamental rights and freedoms of the citizens of this country,” Walwyn stated while stressing the need for transparency. “We have not been able to make the public fully aware as to what is contained in this bill and the possible implications on their right to privacy as provided for in the constitutional order of 2007.”
Second District Representative Melvin ‘Mitch’ Turnbull echoed these concerns, describing the bill as being presented in “a different disguise” and urging caution in its implementation. “We have to be careful in what we are doing. It not just affects the Police Act and their ability to do their job; it affects the general public and the people that we are responsible for and our families,” he stated.
Policing financial crime
The bill also addresses deficiencies identified in the Caribbean Financial Action Task Force (CFATF) mutual evaluation report, particularly recommendation 31, which pertains to money laundering investigations and the confiscation of criminal proceeds.
Premier Wheatley argued that the amendments are essential for enhancing law enforcement capabilities and adhering to international standards.
According to the Premier, the bill introduces critical tools necessary for law enforcement to respond effectively to serious criminal activities, including financial crimes.
Balancing law enforcement with constitutional rights
The bill also sparked a broader debate about balancing law enforcement powers with constitutional protections. The Premier acknowledged these concerns, citing the importance of safeguards within the 2007 Constitution’s Bill of Rights. “Whenever you speak about crime and enhancing the powers of the police, you have to have a balance,” Dr Wheatley said. He added that the proposed amendments conform to international standards.
Despite dissent from several Opposition members, the bill advanced to its second reading after a majority vote in favour.
Major revisions
The Police Amendment Bill has undergone significant revisions over the past few years. In March 2023, the government withdrew a previous version of the bill following public backlash over provisions that allowed police to take intimate samples without consent. An amended version was subsequently passed, requiring consent for such procedures or, in cases of refusal, an order from a magistrate or High Court judge.
In April 2023, Cabinet reviewed and approved a new draft of the Police (Amendment) Bill, 2023, though details were not immediately disclosed. This draft was slated for introduction in the House for its first reading following the general elections and the new government’s swearing-in.
The revised bill continued to propose granting police officers immunity when executing a warrant, with the added condition that only ‘reasonable force’ be used, as outlined in Section 190. However, the term ‘reasonable force’ was not explicitly defined, leading to some ambiguity.
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Imagine a fundamental role of the legislature is to create laws yet the majority of the BVI government (if not all) do not at least have a law degree. What makes them qualified to pass laws? Unqualified government. Most of the members of US Congress (if not all) are what? LAWYERS. Go figure.
Definitely NOT all…..maybe not even most. Certainly many.
as a lawyer the law student must pass the entire Bar exam which is usually 2 written test per day for 5 days. None of the BVI’s elected persons are capable of passing the Bar exam.
District 6 thank you for re-electing Hon. Walwyn to the House of Assembly. The whole country is benefitting from him
Being there. I don’t know what we would have done without him being in there. Who all want to cuss could do so now. I said what I said.
Well tek you mudda rass and go live in deh US if that is your concern. We the people of these Virgin Islands (UK)elected officials to do this job no matter what their background is. If you are not capable well we will fire you and in 4 elect another candidate.
And they have been doing an excellent job; just look around; read the CoI report and see how Fahie and Maynard are getting on in jail.
Ohhh stop it you social media hired consultant here typing crap bout thank you. Thank you for what???? This MoFu is a crook out of the VI crooked book. Grand standing when he gets the chance but laughing at district 6 saying how dumb can you be for electing he because it’s all about him.
By the way I got breaking news coming soon on you grandstand clown so LOOK OUT!
Balo about to get some political poison meat up there.
You seem like you have a real problem. You seem to have issues that require professional attention. It’s to early in the year to be spouting this level hate. You didn’t go to church New Year’s Eve?
Isn’t church where the most hatred is spread?
This is really sad that we have people like this who seek to destroy others. I find people like this to be sick. Reading this comment has really left me concerned about the type of people we have living in this community. Why would a normal human being say and do the kind of things that you mentioned you would do. My simple advice to you is to work on making yourself a better human being rather than trying to destroy others. The old saying that when you are digging a grave for others to dig one for yourself should be on the forefront of your mind. Be careful with that you do to other people. Karma is very fast and swift these days.
Sounds more like this bill (that we can’t see) may be about to restrict some of the legislators from doing what they want. Maybe Ronnie will have to go through airport security like everyone else
PART 1: GENERAL OBSERVATIONS ON THE POLICE AMENDMENT BILL…debate in the HOA
One consistent comment which we have heard thus far in the HOA debate on the Police Amendment Bill 2024 is that there is the collective intelligence available within the legislative to make the changes needed. While I believe there is the collective intelligence territory wide, I am highly skeptical of whether this comment is true. In fact, at this point given what has been demonstrated thus far, it is disingenuous to say that this is reflected at the level of the HOA….SMH
On a positive/ encouraging note, the Honorable Member of the 6th of course continues to distinguish himself relative to his colleagues…whether or not you personally like the goodly gentleman for the 6th, his contribution to elevating the level of debate is certainly useful and beneficial in moving the territory forward. Round of applause to you Sir, and we continue to expect that you and all members of the HOA raise the bar on the level of debate AND engagement with the Public on these and other issues.
The Premier also continues to distinguish himself, regrettably in my view at the opposite end of the spectrum in this context since he continues to disappoint insofar as he DOES NOT CONVEY (based on his performance thus far) the breadth of his potential especially in this noble office of Premier in a manner that elevates the Executive i.e. the government, as well as provide us with the benefit of his leadership in this manner at the level of the legislative i.e. the HOA
Instead what he continues to convey is a continuous cop-out, lack of accountability and yes performative rather than a substantive approach to his contribution in the HOA. I would hope that this approach and supercilious tone on his part is not replicated within his ministry and at the committee stage. WE NEED MORE THAN WORDS FROM YOU PREMIER. The people of the Virgin Islands deserve more than your negative political projections on your counterparts, and scapegoating of the Governor as well as your colleagues. WHAT THE TERRITORY NEEDS FROM YOU PREMIER, and I continue to believe you have the capacity to provide this, is a higher level of substantive, strategic and effective leadership required to steer the Virgin Islands ship onwards and upwards on its developmental trajectory.
AS PREMIER, you should be leading on policy and strategy on ALL LEVELS including (1) Crime Prevention, (2) Policing and yes, even (3) National Security in a manner that addresses the infrastructure that needs to be in place as reflected not only in the Bill or other pieces of legislation BUT ALSO IN OTHER AREAS OF INFRASTRUCTURE AS WELL….you are not demonstrating the leadership required to even lead the territory forward on Constitutional negotiations as you mentioned in your presentation to the HOA…ARE YOU SERIOUS RIGHT NOW???? INDEED NOT!!! A more effective metaphor for you right now is not the Bob Marley reference which we all appreciate but for you, START WITH THE MAN IN THE MIRROR… an entire Territory stands or falls by the leadership capacity you demonstrate THROUGH STRATEGY, POLICY & EFFECTIVE IMPLEMENTATION…
AT THE MOMENT THIS BILL DOES NOT ADEQUATELY ADDRESS OR FULFILL THE STATED OBJECTIVES OF THE MUTUAL EVALUATION REPORT (SEE PART 2 FOR SPECIFIC COMMENTS ON THIS)
PART 2: SPECIFIC COMMENTS ON THE POLICE AMENDMENT BILL 2024
The Police (Amendment) Bill, 2024 does NOT achieve its stated objectives and more work is needed to ensure the necessary changes are made in order for this to happen, and ALSO to ensure that the fundamental rights & freedoms of citizens and residents are preserved, while strengthening the ability of our law enforcement agents i.e the Police to be more effective in addressing Crime.
While this Bill provides essential tools to rectify key deficiencies in Recommendation 31 of the Mutual Evaluation Report (MER) and introduces special investigative techniques, SIGNIFICANT GAPS REMAIN IN AREAS SUCH AS:
1. independent oversight,
2. inter-agency coordination,
3. asset confiscation, and
4. comprehensive international cooperation.
FURTHER AMENDMENTS REQUIRED TO IMPROVE THE BILL
To fully realize the bill’s stated purpose and align with the CFATF’s expectations as set out in the MER, further amendments are required, including:
1. Expanding provisions for confiscation and asset recovery.
2. Establishing independent oversight mechanisms.
3. Enhancing inter-agency coordination and international cooperation.
4. Strengthening operational safeguards for new investigative techniques.
These improvements would ensure a robust, balanced, and effective framework for combating financial crime while safeguarding constitutional rights.
CRITICAL NEED FOR SPECIFIC INFRASTRUCTURE
IN ADDITION, to ensure the Police (Amendment) Bill, 2024 is effective and fulfills its purpose, critical infrastructure must be in place. We continue to act on the basis of a FALSE PREMISE/ NOTION/ BELIEF that the way to fix problems, face challenges is by putting in place a new Bill or piece of legislation without understanding that each piece of law/ legislation requires a specific ecosystem and level of infrastructure to be in place in order for it be effective.
WITHOUT PROPER CONSIDERATION & COMMITMENT TO IMPLEMENT THE INFRASTRUCTURE THAT MUST BE IN PLACE ALONGSIDE THE BILL, we continue to engage in an exercise in futility.
What also happens is that we treat the areas that need to be addressed and recommendations identified in the MER as a box ticking exercise as what we convey is that once we can check the box of passing legislation (THIS IS THE EASY PART) we have not put in place the strategy, policies, proper staffing, budget etc : all parts of the INFRASTRUCTURE that must also be on the table to demonstrate that we have begun to and are appropriately positioned to address the issue/ challenge identified AND IN SO DOING FULFILL THE OBJECTIVES OF THE BILL.
People with power behind the scenes are legally reducing the general, human and political rights of the people of this country, and all know who that entity is and its greater purpose.
Similarly, the Premier’s response to the grave dangers facing the people because of that legislation is weak and lacking strong, knowledgeable and effective leadership.
One only has to look around at the changing hue of the upper structure of governance beginning since the advent of IrMaria.
Moreover, this government appears to be blindly oor incompetently completing the sell out of the country and people to the new neocolonialist.
Indeed, once the current Acting COP is removed or retired, law enforcement from the top down will look and chaned drastically in favor of that colonial entity, setting the stage for further control over law and economic control.
We must begin to recognize the traps being set and become more active in rejecting them.
Many of us know and see, but are afraid to speak out. We will wait until the hangman’s noose is at our doorsteps to stand up and become involved in our future.
We must not and should not trust that piece of legislation. Our elected officials, except for the two in opposition, need to educate themselves further on the very serious implications of that law, if passed.
By doing so, they might be able to cast a vote for legislation that avert the imprisonment of the people, economically, politically and socially.
They must be better in that House in benefit of the people and country and not the colonial establishment…
The opposition a waste of time. What had ever happen to the vote of no confidence?