Government of the British Virgin Islands
   HOME

TheInfoList



OR:

His Majesty's Government of the Virgin Islands (usually simply referred to as the Government of the Virgin Islands) is the
democratically elected An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has operated ...
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
of the
British Overseas Territory The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen dependent territory, territories with a constitutional and historical link with the United Kingdom. They are the last remna ...
of the
British Virgin Islands ) , anthem = "God Save the King" , song_type = Territorial song , song = "Oh, Beautiful Virgin Islands" , image_map = File:British Virgin Islands on the globe (Americas centered).svg , map_caption = , mapsize = 290px , image_map2 = Brit ...
. It is regulated by the
Constitution of the British Virgin Islands The Constitution of the British Virgin Islands is a predominantly codified constitution documented primarily within the Virgin Islands Constitution Order, 2007 a statutory instrument of the United Kingdom. The 2007 Constitution was the fourth w ...
. The Government is led by the
Premier Premier is a title for the head of government in central governments, state governments and local governments of some countries. A second in command to a premier is designated as a deputy premier. A premier will normally be a head of governm ...
, who selects all the remaining Ministers of Government. The Premier and the other Ministers belong to the supreme decision-making committee, known as the
Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...
. The Government Ministers are all members of
House of Assembly House of Assembly is a name given to the legislature or lower house of a bicameral parliament. In some countries this may be at a subnational level. Historically, in British Crown colonies as the colony gained more internal responsible governme ...
, and are
accountable Accountability, in terms of ethics and governance, is equated with answerability, blameworthiness, liability, and the expectation of account-giving. As in an aspect of governance, it has been central to discussions related to problems in the ...
to it. The Government is dependent upon the House to make
primary legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislature, legislative and executive (government), executive branches of ...
.
King Charles III Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person to a ...
(represented by a
Governor of the British Virgin Islands The Governor of the Virgin Islands is the representative of the British monarch in the United Kingdom's overseas territory of the British Virgin Islands. The governor is appointed by the monarch on the advice of the British government. The r ...
) is the
head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
. The
monarch A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
(acting through the Governor) selects as Premier the leader of the
political party A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific political ideology ...
most likely to command a majority in the House of Assembly.
Elections in the British Virgin Islands Elections in the British Virgin Islands are conducted to elect members to the House of Assembly (formerly named the Legislative Council). In the British Virgin Islands elections are not conducted in relation to appointments to either the Execut ...
are held approximately every four years, with a
unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multic ...
House of Assembly House of Assembly is a name given to the legislature or lower house of a bicameral parliament. In some countries this may be at a subnational level. Historically, in British Crown colonies as the colony gained more internal responsible governme ...
of 13 members (11 members elected by popular vote, plus the
Speaker Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** I ...
appointed by the House and the
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
). The current Premier is
Natalio Wheatley Natalio Dixon Wheatley (born 2 June 1980) is a British Virgin Islands politician currently serving as Premier of the British Virgin Islands. He is the grandson of former Chief Minister, Willard Wheatley. He has at times expressed a preference t ...
who is a member of the ruling
Virgin Islands Party The Virgin Islands Party (VIP) is a political party in the British Virgin Islands. It is presently led by Acting Premier Natalio Wheatley. It is the oldest active political party in the British Virgin Islands, and it has won more general elect ...
, and the current Governor is John Rankin.


Executive Government

Although ultimate executive authority rests with the British Monarch exercising her powers through the Governor, the Territory is internally self-governing, and in practice Ministerial Government is exercised on a day-to-day basis by the Premier through Cabinet (although the Governor also sits in Cabinet). The British Virgin Islands operates under the Westminster system, and the Ministers and Cabinet are appointed from amongst the members of the Legislature and are not independently elected to executive office. The principal Ministries of Government are: * Minister of Finance and Tourism (presently the Premier, Andrew Fahie) * Minister for Natural Resources, Labour & Immigration (presently the Deputy Premier, Vincent Wheatley) * Minister for Education, Culture, Agriculture, Fisheries, Sports & Youth Affairs (presently Hon. Natalio Wheatley) * Minister for Transportation, Works & Utilities (presently Hon. Kye Rymer) * Minister for Health and Social Development (presently Hon. Carvin Malone)


External relations

As a British Overseas Territory, the majority of the external relationships of the British Virgin Islands Government are conducted on its behalf by the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
through the
Foreign and Commonwealth Office The Foreign, Commonwealth & Development Office (FCDO) is a Departments of the Government of the United Kingdom, department of the Government of the United Kingdom. Equivalent to other countries' Ministry of Foreign Affairs, ministries of fore ...
. However the Constitution provides that this power is delegated to Premier and Ministers of Government in relation to certain specific areas: # the Caribbean Community, the
Organisation of Eastern Caribbean States The Organisation of Eastern Caribbean States (OECS; French: ''Organisation des États de la Caraïbe orientale'', OECO) is an inter-governmental organisation dedicated to economic harmonisation and integration, protection of human and legal ri ...
, the Association of Caribbean States, the United Nations Economic Commission for Latin America and the Caribbean, or any other Caribbean regional organisation or institution; # other Caribbean regional affairs relating specifically to issues that are of interest to or affect the British Virgin Islands; # the relationship between the British Virgin Islands and the
United States Virgin Islands The United States Virgin Islands,. Also called the ''American Virgin Islands'' and the ''U.S. Virgin Islands''. officially the Virgin Islands of the United States, are a group of Caribbean islands and an unincorporated and organized territory ...
in matters of mutual interest; #
tourism Tourism is travel for pleasure or business; also the theory and practice of touring (disambiguation), touring, the business of attracting, accommodating, and entertaining tourists, and the business of operating tour (disambiguation), tours. Th ...
and tourism-related matters; #
taxation A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal person, legal entity) by a governmental organization in order to fund government spending and various public expenditures (regiona ...
and the regulation of finance and
financial services Financial services are the Service (economics), economic services provided by the finance industry, which encompasses a broad range of businesses that manage money, including credit unions, banks, credit-card companies, insurance companies, acco ...
; and #
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
matters directly affecting the interests of the Territory. However, there are a number of restrictions imposed by the Constitution upon the exercise by Ministers of that delegated power, including the need for separate authority from the Secretary of State to conclude any treaty or other international agreement, and the requirement to keep the Governor "fully informed" of relevant activities and to provide on request all papers and information relating to such matters. In turn the British Government has indicated in a letter of entrustment that will consult fully with the British Virgin Islands in relation to matters which are reserved to the United Kingdom Government, including
defence Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industr ...
,
internal security Internal security is the act of keeping peace within the borders of a sovereign state or other Self-governance, self-governing territories, generally by upholding the national law and defending against internal security threats. Responsibility fo ...
and
civil aviation Civil aviation is one of two major categories of flying, representing all non-military and non-state aviation, both private and commercial. Most of the countries in the world are members of the International Civil Aviation Organization and work ...
.


Public Finances

Public finances are administered through the Ministry of Finance. In the British Virgin Islands it is common for the Premier to also be the Minister for Finance. Public finance is regulation by the Public Finance Management Act, 2004. On 23 April 2012 the Government of the British Virgin Islands signed protocols for effective financial management with the Governor and the British Minister for the Overseas Territories. The protocols contain a number of wide-ranging provisions agreeing on certain parameters for financial and risk management, making commitments to financial transparency, and includes various limitations on the Government of the British Virgin Islands in relation to borrowing. The protocols provide that all capital projects undertaken by the Government shall comply with applicable protocols for: (i) appraisal of business case and cost-benefit analysis, (ii) transparency for tendering and procurement, (iii) contract management, and (iv) evaluation process. The protocols also include certain hard limits in relation to Governmental borrowing. Under the protocols: # outstanding public debt must remain less than 80% of recurrent revenue; # debt service (i.e. interest payments) must remain less than 10% of recurrent revenue; and # liquid assets must be retained in an amount of not less than 25% of recurrent expenditure. As at 2014 public debt in the British Virgin Islands is approximately US$111 million, which is approximately 36.6% of recurrent revenues. In recent years problems have arisen because of repeated unbudgeted expenditure by Ministerial departments; the problem became sufficiently acute that in 2016 the Territory's Financial Secretary wrote an open letter to all Ministers warning them against such practices.


Legislature

The British Virgin Islands legislature is the House of Assembly. Prior to the adoption of the new constitution in 2007 the legislature was called the Legislative Council.
General elections A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
are conducted every four years (unless the House is dissolved earlier, either as a result of a
vote of no confidence A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
or otherwise). The House consists of 11 elected two members, and two appointed ''ex-officio'' non-voting members (the Speaker and the Attorney General). The 11 elected members consist of 9 candidates who are elected to represent Territorial districts, and 4 candidates who are elected on a Territory-wide basis. Government is formed by the leader of the party who can most readily command a majority in the House. Although in recent times parties have tended to win absolute majorities, during the early days of democratic elections in the British Virgin Islands,
coalition governments A coalition government is a form of government in which political parties cooperate to form a government. The usual reason for such an arrangement is that no single party has achieved an absolute majority after an election, an atypical outcome in ...
were commonly formed between parties and independent candidates. Politicians in the British Virgin Islands also frequently
cross the floor In parliamentary systems, politicians are said to cross the floor if they formally change their political affiliation to a different political party than which they were initially elected under (as is the case in Canada and the United Kingdom). ...
to change parties in order to create absolute majorities.


Judiciary

The judiciary of British Virgin Islands is based on the
judiciary of the United Kingdom The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commissio ...
. The Territory is a member state of the
Eastern Caribbean Supreme Court The Eastern Caribbean Supreme Court (ECSC) is a superior court, superior court of record for the Organisation of Eastern Caribbean States, Organisation of Eastern Caribbean States (OECS), including six independent states: Antigua and Barbuda, t ...
. Judges in the British Virgin Islands are appointed by the Judicial and Legal Services Commission of the Supreme Court rather than elected. By convention judges are always appointed to sit outside of the member state where they are originally from. The courts are organised at four levels, including the provision for final appeal to the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
in London. The four levels of courts are: * Magistrates Court (dealing with summary criminal matters and minor civil matters) * High Court (dealing with criminal trials on
indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
and with unlimited jurisdiction in civil matters) * Court of Appeal * Privy Council The British Virgin Islands is a
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
jurisdiction, although
British Virgin Islands law The law of the British Virgin Islands is a combination of common law and statute, and is based heavily upon English law. Law in the British Virgin Islands tends to be a combination of the very old and the very new. As a leading offshore financ ...
and procedure differs to a great degree from
English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...
because of local statutes, orders and civil procedure rules. However, in certain instances British Virgin Islands law provides that in default of any local provision, English law or procedure shall apply.See for example Eastern Caribbean Supreme Court Act (Cap 80), section 11, which provides: "The jurisdiction vested in the High Court in civil proceedings, and in probate, divorce, and matrimonial causes, shall be exercised in accordance with the provisions of this Ordinance and any other law in operation in the Territory and rules of court, ''and where no special provision is therein contained such jurisdiction shall be exercised as nearly as may be in conformity with the law and practice administered for the time being in the High Court of Justice in England.''" (emphasis added)


External links


Government of the Virgin Islands


Footnotes

{{Reflist