Premier defends rejection of recall law for elected officials

Premier Dr Natalio Wheatley has defended the House of Assembly’s (HOA) decision not to support recall legislation that would allow voters to remove an elected official from office before their term ends.

Though acknowledging public interest in stronger mechanisms for holding elected officials accountable, the Premier argued that governments need sufficient time to carry out the mandate voters gave them at the polls. He also warned that recall provisions could create instability and disrupt governments before they have had sufficient time to deliver.

“When persons vote for you, they vote for you for a four-year mandate. And you can be very disruptive,” Dr Wheatley stated on the Talking Points radio programme recently.

The Constitutional Review Commission had recommended legislation establishing a recall system and a constitutional amendment allowing an elected member’s seat to become vacant through recall. However, the House rejected the recommendation after reviewing the Commission’s proposals.

Premier Wheatley said the Commission had a responsibility to reflect views expressed during its 45 public meetings, but noted that those attending consultations did not necessarily represent the views of the entire territory.

He said elected representatives also had a responsibility to review the recommendations and develop a coherent negotiating position for constitutional talks with the United Kingdom.

“We’ve done the best job possible within our abilities to put forward something that we believe is in the best interest of the people of the Virgin Islands,” Dr Wheatley stated.

Political opponents could abuse recall legislation 

The Premier said recall had to be weighed against the potential disruption to governing and making difficult decisions. He argued that political opponents could repeatedly use petitions in an attempt to overturn an election result during a government’s term.

Dr Wheatley nevertheless pointed to existing mechanisms through which elected representatives could lose office before an election. He cited votes of no confidence, constitutional provisions and accountability bodies, including the Integrity Commission and Parliamentary Commission of Standards.

He also noted that the United Kingdom has a recall provision, describing its model as “a logical one”, but said HOA members could not agree on the type of recall mechanism that should apply in the territory.

Dr Wheatley said residents also had several avenues to pressure governments outside of removing elected officials, including radio programmes, town hall meetings and social media.

“The first option shouldn’t just be: ‘okay, something has happened we don’t like, let’s remove the whole government’,” Dr Wheatley said.

He maintained that governments must be allowed an opportunity to carry out their programmes within the period voters granted them.