UK should’ve helped BVI with its ‘stillborn’ Register of Interests
Inadequate support from the United Kingdom (UK), a former governor who acted outside of the law, and a ‘misguided’ Registrar are among some of the reasons the government said legislators have been delinquent for years in declaring their interests.
Under the law, all members of the House of Assembly (HOA) are required annually to declare their private businesses and relevant assets into the Register of Interests, which is a record kept of any private interests that could potentially conflict with a members’ public duties.
The government’s arguments about why there has been serial delinquency in making declarations were delivered on Monday (June 21) during submissions from Sir Geoffrey Cox, QC, who is representing them in the ongoing Commission of Inquiry (COI).
Blame the Registrar
While stating that the former Registrar Victoreen Romney-Varlack was diligent in her attempts to chase after legislators for their negligent behaviour, Sir Geoffrey said she appears not to have been given the appropriate advice to enforce the Register of Interests Act (ROIA) and its provisions.
Sir Geoffrey said that the former Registrar was essentially “in breach” of her legal obligation of confidentiality, under Section 13 of the ROIA, when she gave information on the register to the former Governor. It was the former governor who reportedly requested that information but Sir Geoffrey said the governor’s request to the Registrar was illegitimate.
He suggested that the Registrar should have instead sought advice from the Attorney General on how to approach the issue of delinquent members and have it resolved.
He said if the Registrar had submitted a report of their delinquency as she should have, then it would have triggered the oversight committee — run by HOA members — to convene within a period of 21 days.
Had she been given that advice, he said, it would have been judicially enforced for the members to comply with their obligations.
Poor support from UK
Another claim put forward by Sir Geoffrey was that there appeared to be no preparatory programme in place to educate and train legislators on the importance of an ROIA, and to achieve the cultural change necessary for the Act to be successful.
He argued that the UK had a duty to offer practical and real support to the BVI, including the presence of Commonwealth parliamentary officials whom he felt would have been able to help rectify the flawed legislation.
He said this would have helped to bring about a mindset of compliance on the HOA and the understanding of its need.
“This [House of] Assembly, this territory, this jurisdiction deserved better from the United Kingdom … Of course they (the BVI) are in need of advice and expertise. They have excellent advocates and lawyers but these are matters which this jurisdiction is unfamiliar with. And we (the UK) have a responsibility. That Act (the ROIA) was stillborn,” Sir Geoffrey argued.
Flawed Act a poor democratic tool
According to Sir Geoffrey, the Register of Interests Act (ROIA) adopted a fundamentally flawed design to achieve its purpose, rendering the register – even if it were maintained perfectly and kept fully up to date – practically useless.
He argued that a register that was not a useful tool for democratic purposes, was not likely to be regarded as being a high priority; something he described as a matter of ‘human nature’.
Sir Geoffrey further said statutory obligations are ignored all over the world every day – from speed limits on the road to the submission of tax returns – even though this doesn’t excuse the behaviour.
Sir Geoffrey further pointed out that no member had even ever asked to see the register even though it could only be accessed through one of three methods — payment by an HOA member, a court order, or a criminal investigation. The Act was amended this year to allow for a COI to be given access to the register.
Register of Interests Act stillborn in its design
Since a register can only work or justify its existence if it were an effective democratic tool, and given the fact that the register was not kept up to date, Sir Geoffrey described the Act’s design as being “stillborn”.
“Somebody needs to be able to look at it and say, ‘but that person hasn’t declared [their interests]’,” he argued. “It needs to be able to be referred to by at least the members in debate if necessary.”
UK struggled too
Sir Geoffrey also argued that the UK endured a two-decade struggle to perfect its own Register of Interests Act established in 1975.
“For 20 years, that [UK] register was treated with disrespect and disdain in successive parliaments,” said Sir Geoffrey who further stated that the UK legislature didn’t regulate their register till 1995.
“Now if it took 20 years, for the United Kingdom parliament, for the mother of parliaments, to recognise and internalise the need for transparent registration of interests – not because those inside it were dishonourable – but because they found it hard to acclimatise themselves to the new need for transparency and for reassuring the public as to the central principle,” Sir Geoffrey argued.
He surmised that it was unsurprising that it had taken the BVI 13 years to come to terms thus far with its own struggles, even without any form of training, induction or resources invested into the necessary culture change.
The attorney repeatedly made it clear that his arguments are not intended be an excuse for the HOA’s delinquency over the years.
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So what you are saying is nobody know what they were doing. From top to bottom.
The UK should help the BVI? Really?? The UK offered help after Irma and it was refused. The UK offered help after Maria and it was refused. The UK offered help in defeating the drug trafficking and it was refused, The UK offered the Royal Navy to secure the borders during lockdown and it was refused. Sir Geoffrey needs to take his arse back to the UK with his eloquent bullsh*t. The Belonger has no interest in the UK’s assistance in anything. They hate the UK and it’s people. They even hate you Sir Geoffrey. They only hired you for who knows how much money because they have no one on island that can piece together a coherent sentence.
Spot on!! LOL@ coherent sentence.. shambles all round??♀️
What was interesting yesterday is the legal representative from one the witness derailed a core part of his arguments as it was submitted that the BVI is indeed a mature jurisdiction.
Your rhetoric is reckless and only makes the divide between the BVI and the UK deeper.
Er coherent sentence? That should read “ who can piece together “ , not, “ that can piece together “
U R A Slut dog.
Basically what the distinguished lawyer is saying is that his clients are ignorant of the law, need babysitting, lacking UK parental support and it’s a lame-duck law anyways.
Yes, but maybe that is the defense strategy.
Better an incompetent than a criminal.
Why would the VIP seek the representation of Sir C—? He referred to his own clients as ‘them’…
When technical experts came here after Irma to help restore things like electricity and water and sewerage people here thought they were spies; and wouldn’t tell them what they needed to know to do their job.
What is Cox is saying is that Territory is essentially not technically capable of running itself, notwithstanding the responsibilities it has under the 2007 Constitution. Cox is making an argument for more UK involvement not less or none. This is surprising given who he is representing.
BVI is technically capable but the capable technicians are pushed to the back making room for the wanna-be technicians.
Can someone change the artwork in the COI hearings?
Talk to the Arbitration Centre
Yet, they’re crying for independence from the same UK….weird.
Always some one else’s fault. Can’t believe they’re they want to blame the UK for their shortcomings. (Stupidity). Just shows how desperate their becoming as the COI closes in. LOVE IT !
Sir Geoffrey, the Registrar could not seek advice from the Attorney General because government owns the AG. So Sir Geoffrey you don’t have a clue of what you’re talking about. The government don’t want the UK involved in anything concerning Her Majesty territory. This territory belongs to A—– F— and CSC not England. I don’t want to be disrespectful but if those manipulative sleaze balls coach you to talk this shit I suggest you go back to where you came from. You are an intelligent person don’t lose your respect and dignity by supporting this government bull sh*t.
All the talk and madness that the BVI has been behaving with and now they’re here with this sad story about help?
Did Honourable Nelville Smith stated a few months ago that the local people should hire local law firms?
I think that Geoffrey Cox, QC came out strong until Bllal Rawat’s submissions at the end.Premier Andrew Fahie and Geoffrey Cox, QC basically saying that the submission is not a big deal when the government was the ones that made it law. Commissioner, you are doing a great job the people of the BVI feel better know what the past and the present government were and are up to, Keep the presure on.
His views are racist and insulting. He basically said that we are culturally immature and we need England and his ilk to act properly. He needs to go sit down. Louis Hints submission was so much more dignified and proper
Not at all. Neither did SGCQC say that in defence nor did Rawat suggest that. A mature jurisdiction in terms of governance and legal systems is nothing to do with culture and education. That point was indeed made. And today discussed in a civilised and productive manner with the AG. And our AG was excellent today.
She was mightily impressive. What a contrast with that embarrassment of a speaker.
His statement was based on a note of paternalism that is at the base of colonialism. For all the talk about independence, he is a terrible representative for the BVI’s interest. Not surprising that he is a UK MP. He needs to go sit down
So it took the UK 20 years to get their Registry of Interest in order….. It took the BVI 13 years…
Im not excusing the BVI but how can the UK want to come to the BVI and point fingers at us for our 13 years of infractions when they themselves have been causing infractions for 20 years??
A little but of the pot calling the kettle black?? Do so don’t like so?
Tell the UK haul dem MK. Cause if you live in a glass house you should not throw stones
Both would be wrong wouldn’t they? Stop spewing wrong for wrong and trying to make it right due to a time period – this lil BVI. We need to go back to elections quick quick. Some type of change is needed this year
“Do so don’t like so” clearly said that they are not making any excuses for the BVI. But lets make the poin they were trying to make more clear.
You cant be a parent doing drugs for 20 years and then get sober and when you see you child doing drugs start chastising and belittling them them for doing drugs because you are now sober.
Like you forgot about the 20 years that you had falling from grace and was on the same drugs that your child is now on.
The better way forward is to not chastise but is empathize and provide encouragement towards the right path because your yourself have been down the same path and can relate.
Correct me if i am wrong?
We have 13 legislators, they have over 500. Would we have taken 20 years to sort out the interest of 500 crooks in a BVI parliament?
This guy’s submission was insulting and racist. I hope the government doesn’t invite him to act in any capacity after this. But, they probably will. I am so dissatisfied with our representation
How do you expect crooked dishonest people, with ill and currupt intent to Police themselves, The Governor did the Right thing…This Lawyer sound not impressive…
Well I guess he had to say something for his $5 million even if it was lawyer babble.
Cox has form himself when it comes to not declaring his interests
In 2016, the House of Commons Standards Committee—of which he was a member—found that he had committed a serious breach of a House of Commons rule, designed to make transparent an MP’s financial interests, after failing to register £400k of outside earnings (11 payments) for legal work within the permitted 28-day period. Cox registered the payments late, variously between two and seven months after the deadline; he said that he had omitted to prioritise the rule in the midst of an intense political and professional schedule. When first registering the payments, in September 2015, Cox drew attention to and apologised to the Registrar for his omission, referring himself to the Parliamentary Commissioner, and stepped down from the committee.
No doubt he blamed someone else.
I am not surprised at all cause he look like the type..cr••ked to the core…..look at his face reallll good.
pleased to see the Governors office paying attention
Cox go home. You can’t hide the corruption not even for $5 million.
Boils down to the fact that the ele…d offi….ls disobeyed the law and even though they knew better, chose not to declare their interests even though they were reminded that they should have done so.
They never thought that this day of reckoning would have arrived. Now they have been caught with their -ants down and their soiled undergarments exposed,
Call a spade a spade and stop throwing people under the bus while trying to make a wrong look right. Stillborn you said? Fact is, it was conceived.
No excuse for wilful acts.
I am NOT good with ‘the Great White Father wasn’t paternalistic enough” as a defense for this nonsense.
I wonder if MS Smith was the AG when Willock was sworn in as Speaker of the H o A , he would of taken her word that there was no vacancy, referring to the 4th Dist…..in May 25 2019. ?
The danger is that with all the corruption and incompetence and WASTE of public funds there will be more and more efforts to avoid paying tax. If an individual’s tax dollars are misused to such a great extent might as well not pay – if you can get away with it…
Nah!!… With people like JW who would tell the UK come to my office lol… Leave them to their demise..They never wanted us to get help from the UK…Always want to be bigger than they truly are…so leave them.. one day we gonna h@n@ them. These people forget this isn’t a country. It’s a territory, a UK territory at that!… Stop pushing for independence if you need to be handled like a baby!… making laws that you can’t comply with and breaking laws that you are aware of while trying to run things… Alas the end of this is coming.. No more bullying.. People who never voted going to vote just so this government never gets back in.. None of you!..Need new politicians who arent connected with any of these current parties… No pvim either.. Fresh people! who will lead us as mature individuals and not bad behaved children.
what is the real purpose of the register of interest? Just so the UK know who have what. And if they are going to infringe on the tax payer dollars which the business might benefit. This is a small island, and not too many person has established all that is need for the survival of the country. Some people have more than others, government have to rent from one of the house of members, buy from their supermarket, put overseas guest in a hotel that they own. So what’s the real reason, oh so you want know how they come about all this wealth. Not so easy, most of it is hard earn money paid to the bank mortgage. Citizen should always invest in housing, food, and clothing.
the Register of Interests is to ensure that the voters of the BVI are aware of any conflict of interest for their politicians and can vote accordingly. It has nothing to do with the UK government. Be real, if the UK government was interested then they would have insisted (via the Governor) that the Register would be accessible to them. It isn’t – the COI only got access due to a recent legislative change.
Also there is no Register at all because the Standing Committee never addressed the requirement to agree the format, leaving the Registrar unable to complete it, and merely collate the politicians’ submissions.
Shame on Cox. Where they dug him up from, buddy. I heard he is a UK MP. They really think he representing the BVI solely or the hand that has fed, and continues to feed, him. At best they auditioning for a fat cat consultancy role with the AGs
His statement was based on a note of paternalism that is at the base of colonialism. For all the talk about independence, he is a terrible representative for the BVI’s interest. Not surprising that he is a UK MP. He needs to go sit down