UPDATE: No one in HoA can 'direct' Speaker - Premier Fahie
This is according to Premier and Minister of Finance, Honourable Andrew A. Fahie (R1) in response to questions from Leader of the Opposition Honourable Marlon A. Penn (R8) during the Third Sitting of the First Session of the Fourth House of Assembly of the Virgin Islands on May 17, 2019.
Who is paying?
Hon Penn had wanted to know “If the Government of the Virgin Islands is paying the legal fees for the Honourable Speaker of the House of Assembly for the case involving Mr Mark Vanterpool vs Honourable Julian Willock, Speaker of the House of Assembly.” Further, the Opposition Leader on behalf of the people of the Territory wanted the Leader of Government Business to indicate if indeed the public purse is handling the bill, “What is the estimated cost of said legal fees?”
Further, Honourable Penn wanted the full details, including what amount billed is paid thus far and, if the answer is no as it relates to the VI handling the bill, an explanation of the basis under which the Speaker and by extension, the HoA's legal services were retained.
Premier Fahie noted that the Member’s question was “valid” and that the information the Member was asking would be furnished to the House in detail on completion of the matter in the courts.
This, according to Honourable Fahie, is in keeping with Section 17 (1)G (vi) of the Standing Orders, which states, “and I quote, a question shall not be asked about any matter then pending before any court of justice or which reflects any decision of the courts of justice. I crave the member’s indulgence but as soon as the matter is completely dispose of I will definitely furnish the House with the information.”
Tax payers will be told of expenses incurred
The Opposition Leader then noted that the matter is up for appeal and there is an aspect of the case that has already been completed, however, he still felt Government should indicate whether it is paying the legal fees.
“Mr Speaker, that is not totally correct. There is an appeal on the case, that the Speaker has placed on the case, and a stay on the case, which has held up any decision already made,” Hon Fahie responded.
Honourable Penn then wanted to know who was paying for the appeal, the estimate cost and the amount billed paid thus far. According to him, the Appeal’s case will not be heard until a few months and expressed concern with the amount of money being accumulated as legal fees.
“I understand that some eighty thousand dollars has already been spent by the Opposition. The people of the Territory deserve answers, but you will be giving your answers.”
“Mr Speaker, with due respect to the tax payers I never told him that the tax payers will not hear how much money is spent. But we cannot have the rules of the House, Mr Speaker, and break them because a few people want to know, or maybe more than a few. The Standing Orders of the House is very clear. As soon as the matter is properly disposed of in the courts, if it is ten cents, ten dollars, a hundred thousand dollars, two hundred thousand dollars, I will come to the House and tell the tax payers how the money is spent,” Hon Fahie stated, emphasising that until that time the Standing Orders prevent him from answering the Member’s question.
“Premier, I thank you for confirming that the tax payers will be paying the bill,” Hon Penn responded.
HoA Members cannot “direct” Speaker
The Opposition Leader and National Democratic Party (NDP) Deputy Chairman Hon Penn also wanted the Honourable Premier to disclose whether he had any discussions with the Honourable Speaker about his decision not to swear in Mr Vanterpool to the HoA, “especially in light of the recent court decision to granting the duly elected member redress and requiring the Speaker to swear him in. If so, could the Honourable Premier tell this Honourable House what is his position on the matter and whether it was shared with the Honourable Speaker?”
Premier Fahie noted that neither he nor any Member of the House could dictate to the Speaker.
“Mr Speaker, with due respect to the Leader of the Opposition, he will know that nobody in this Honourable House can direct the Speaker of the House,” Premier Fahie stated, reiterating that necessary information on the legal matter will be furnished to the House on completion of the case.
Meanwhile, during the questions regarding the matter between the Speaker Willock and Mr Vanterpool, the Minister for Health and Social Development Honourable Carvin Malone (AL) wanted to know if it would have been best for the Deputy Speaker to take over from Hon Willock.
Speaker Willock said he was willing to recuse himself; however, no one officially objected to his presence. When the last question on the court issues had been posed and answered; however, Third District Representative Hon Julian Fraser RA suggested Mr Willock should have allowed the Deputy Speaker to stand in to accommodate the questions.
See previous article published May 14, 2019
‘Who is paying?’ Opposition Leader to grill Premier on D4 Saga
Leader of the Opposition and Deputy Chairman of the National Democratic Party (NDP), Hon Marlon A. Penn (R8) is set to probe Premier and Minister of Finance, Hon Andrew A. Fahie (R1) on the legal fees surrounding the Fourth District seat conundrum between House of Assembly (HoA) Speaker, Hon Julian Willock and Representative-elect, Mr Mark H. Vanterpool, when the House sits on Friday, May 17, 2019.
According to an HoA Order Paper released today, May 14, 2019, the probing will commence when legislators meet next Friday for the Third Sitting of the First Session of the Fourth House of Assembly of the Virgin Islands, where Premier Fahie will be the subject of a number of burning questions surrounding the controversial case.
High Court Case
Hon Penn, amongst other questions, will be querying, “If the Government of the Virgin Islands is paying the legal fees for the Honourable Speaker of the House of Assembly for the legal case between Mr Mark Vanterpool vs Honourable Julian Willock, Speaker of the House of Assembly,” according to the Order Paper.
Further, the Opposition Leader on behalf of the people of the Territory wants the Leader of Government Business to indicate if indeed the public purse is handling the bill, “What is the estimated cost of said legal fees?”
Mr Penn wants the full details, including what amount billed is paid thus far and, if the answer is no as it relates to the VI handling the bill, an explanation of the basis under which the Speaker and by extension, the HoA's legal services were retained.
He is also seeking clarity on how those legal fees are anticipated to be met.
Appeal Court Case
With more burning questions, the Opposition Leader is also looking to know from the Leader of Government Business, who or what will be paying for the Appeal Case surrounding the House Speaker’s refusal to swear Mr Vanterpool into the elected seat, even after Justice Ann-Marie Smith had handed down a ruling that the Fourth District Representative-elect be sworn into the House.
Hon Penn will further query from the AG, the estimated cost of those legal fees if the government is covering the bill and if no, what basis under which they were retained and how those costs will be met.
The controversy officially began on March 5, 2019, after Mr Vanterpool—who won the Fourth District seat in the February 25, 2019 polls—submitted his resignation to the House of Assembly with a letter addressed to the Clerk of the House as a Speaker had not yet been named.
Following that, Mr Vanterpool recanted his resignation on March 14, 2019, citing incorrect resignation procedure, while noting that the people of his district had encouraged him to continue being their representative.
Appeal Court ruling final
Speaker Willock, however, had stated the resignation was already accepted and refused to swear Mr Vanterpool into the HoA, leading to the entire D4 saga which is now at the final Appeal's Court stage following a High Court ruling in favour of Mr Vanterpool.
22 Responses to “UPDATE: No one in HoA can 'direct' Speaker - Premier Fahie”
Why you guys always reversing and trying to justify wrong? The question needs to be asked and answered. Willock should pay. Not the treasury. Shoot
We just hope that this will be the end of this matter that Hon Vanterpool created.
So you telling me no one can fire the speaker???????
Where is the problem.