NDP Politicians rake in thousands from Ports Development Project!
![Within the first term of the National Democratic Party [2011-2015], only Honourable Marlon A. Penn (R8), now a Junior Minister, has sought permission to engage business with Government. Photo: VINO/File](https://www.virginislandsnewsonline.com/cache/images/800x_h_Hoa_compliance.jpg)
What the Constitution says
Sec 67 (3e) states that; “a member should vacate his or her seat if they become a party to any contract with the Government of the Virgin Islands for or on account of the public service, or if any firm in which he or she is a partner, or any company of which he or she is a director or manager, becomes a party to any such contract, or if he or she becomes a partner in a firm, or director or manager of a company, which is a party to any such contract.”
However, the UK appointed Governor Duncan has a different interpretation of this provision, claiming that one must have a written contract therefore, and if services are provided via a Purchase Order, it does not count as a contract.
The legal fraternity both here and in the region has blasted this interpretation by Governor Duncan as “ridiculous”, “outright rubbish” and “not in keeping with the spirit of the constitution, best practice and settled law.” They for the most part have strongly agreed that a Government Purchase Order given for service, a letter or even a verbal request for service are a form of contract.
Members of the House of Assembly can obtain permission from their body to engage business with Government, according to the Constitution, avoiding them having to vacate their seats.
Within the first term of the National Democratic Party [2011-2015], only Honourable Marlon A. Penn (R8), now a Junior Minister, has sought such permission.
NDP doing business with themselves?
Other elected official, including at least two Ministers of Government, continue to do business with Government both directly and indirectly. It was unearth that during the first opening of the Ports Project last year, just before the 2015 general election, two elected officials with interest in food catering companies did business with the BVI Ports Authority.
According to information released by the Minister for Communications and Works Honourable Mark H. Vanterpool (R4) in an answer to a question posed by Senior Opposition Member Honourable Andrew A. Fahie (R1) on February 4, 2016, companies that two elected Members have direct interest in provided services for the April 2015 Opening of the Cruise Pier seaside development.
E & A Catering, a company associated with Hon Alvera Maduro-Caines (R6), was one of many companies providing food for the ports event opening. The value of the service was some $6000.00. In addition, The Pub, a company that Hon Myron V. Walwyn has interest in, also provided food listed as breakfast for the opening at $2,782.00.
It remains unclear if these were the only items billed for and if these two companies are a part of the February 16, 2016 opening of the landside of the Tortola Pier Park.
There are also confirmed reports that a senior government official at the rank of a Permanent Secretary also received lucrative works via a company he has interest in. It remains unclear whether the senior officer has declared his interest.
Nothing new that NDP gives contract to family!
The NDP Administration has long been accused of allegedly giving contract to themselves and a host of conflict of interest issues.
It was revealed a few years ago that Premier Dr The Honorable D. Orlando Smith had given his wife, Lorna G. Smith OBE, a contract to advise him though her company LGS & Associates. The controversial Minister for Education and Culture’s company still caters for the House of Assembly although the Opposition cited conflict of interest and that no permission was granted from his colleagues in Parliament.
There are also questions raised about which Ministers are involved with the BVI Investment Club indirectly or via family members and the conflict of interest that may arise.
Last week, our newsroom was flooded with calls about a Government Minister’s wife doing a paid consultancy for a Department under the Ministry in which the same Minister heads.
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46 Responses to “NDP Politicians rake in thousands from Ports Development Project!”
What about those elected officials giving other catering companies a chance to make a living? They are already being paid a salary. They can hustle jobs in the private sector but geez man you hogging government work as well. Its like they are paying themselves and not giving anybody else a fair chance to eat.
This is why the poor getting poorer and you saying SO What!!!!
On the other hand, the BVI is a small economy and government is a big player in the economy. So taking away the ability to contract with government could be a burden on members and their family. It is not a settled issue and needs further review and discussion.
In a small community, however, this process may encounter, at times, some degree of bias and contamination of the process, but awarding government work via the “Bidding Process” helps to lower the gross abuse and unhealthy levels of conflicts of interest in a society; and as a result, maintains the flow of currency circulation. This is one way of sustaining a healthy economy by any Government of Inclusion.