‘We have to be woke’, Fraser tells lawmakers

Veteran legislator Julian Fraser has urged fellow lawmakers to scrutinise legislation that he says grants too much power to the Governor rather than elected ministers in the BVI.

Fraser spoke during the House of Assembly debate on the Merchant Shipping Amendment Bill 2025, a wide-ranging piece of legislation aimed at modernising the territory’s maritime laws and aligning them with international standards.

Fraser warned that despite its technical nature, the bill risks undermining the principle of ministerial responsibility by placing decision-making powers squarely in the hands of the Governor.

“Throughout the entire bill, where the word ‘governor’ appears, make sure we put ‘minister’,” Fraser stated. “We have to be woke… or else we will just be wearing suits, with zero authority.”

Fraser raised concerns that the bill could quietly shift control over the Virgin Islands Shipping Registry back under the Governor’s authority, something he says goes against the spirit of constitutional devolution. He pointed to Section 60 of the Virgin Islands Constitution, which outlines the Governor’s special responsibilities, and warned against unintentionally expanding them through local law.

“My fellow colleagues… every member of this House has a responsibility to ensure that we don’t lose a single inch, not an inch, of what we have,” he argued.

Fraser called on fellow lawmakers to be vigilant. “It comes to us in a form that is, I would say, palatable if you’re not cognisant of what you’re doing,” Fraser said. “We will pass this bill, and it becomes law, and the Premier who is responsible for this subject has absolute authority under this bill. We can’t allow that to happen.”

Bipartisan support

Meanwhile, Fraser was joined by Second District Representative Melvin Turnbull and Opposition Leader Myron Walwyn, who also backed amendments to replace the Governor’s name with the relevant Minister or Cabinet.

Walwyn threw his support behind Fraser’s stance, saying, “Certainly for the Governor to be making regulations with regard to the shipping registry certainly is not the right approach.” He continued, “Wherever Governor appears in the document – and it’s not personal in any way – changes have to be made where the Minister who has conduct of the subject is the person who is responsible.”

According to Walwyn, the shipping registry is a statutory corporation under the Premier’s portfolio and already has its own legal personality. He questioned why sweeping regulatory powers were not being given to the responsible Minister instead.

“We continue to see these incursions on statutory corporations,” he warned, adding that similar issues had appeared in other legislation.

While the bill is designed to enhance the Virgin Islands’ maritime regime and retain its Category 1 status for ship registration, lawmakers across party lines are pushing to ensure local oversight remains at the Cabinet level.

The House is expected to review the bill during the committee stage, during which changes are expected to be made.