Was it a state secret? House of Assembly Prorogued!
Considering the normal fanfare and public relations exhibition practice by the ruling National Democratic Party Government (NDP) of Premier Dr. the Honorable D. Orlando Smith it came as a surprise to most that no public announcement was made in the HOA on such an important decision.
While the decision was gazetted in the public gazette dated August 2, 2012 the average Virgin Islander does not obtain their news via this publication.
However, there is nothing wrong with the Virgin Islands’ Parliament being prorogued as it is provided for under section 84 (1) of the 2007 Virgin Islands Constitution Order.
Even at the last sitting last month, the Leader of Government business Premier Dr. the Honourable Smith never made this fact public while moving the motion on 26th, July 2012 for the HOA to adjourn.
However, the Governor acting in accordance with the advice of the Premier may at any time by Proclamation published in the Gazette, prorogue the HOA. The VI Constitution gives rise to the Governor to prorogue the House at least once in each calendar year except any year during which the house is dissolved.
Well for those who do not read the official Gazette which is a public document, the HOA has been prorogued by V. Inez Archibald then Acting Governor of the VI on 26th, July 2012 acting in accordance with the advice of the Premier and in exercise of the power vested in her under section 84 (1) of the VI Constitution.
Reactions by Members of the HOA
While at least two Members of the HOA claimed that they only learnt about the House being prorogued when they happened to read the Gazette which they received in their mail, Leader of the Opposition and veteran politician who himself was a clerk of the legislative Council Honourable Ralph T. O’Neal OBE told this news site that, “…if it is in the Gazette, which is the official newspaper of the Government, that is sufficient publication.”
Another Member who did not wish for his name to be used said it was a surprise to him that only after 8 months the HOA was prorogued and he never was at meetings where that time frame was discussed. “This one was kept like a state secret”, the member said with a smile.
Calls to the Speaker of the House Honourable Ingrid Moses-Scatliffe were not returned.
What happens when the House of Assembly is prorogued?
Under the VI Constitution and in Westminster systems of Government Proroguing Parliament is a lot like rebooting your computer after you've finished working. You're essentially starting with a clean slate, uncomplicated by all the programmes you may have been into before you hit that restart command.
It means all 13, Elected Officials who were elected last November 2011 will remain in place, but any unpassed bills or motions - will be non-existent.
In effect, when the HOA starts again, any old bills that were not passed by the Government of the day, would be given a new opportunity to be presented.
Prorogation marks the end of a parliamentary session. It is the formal name given to the period between the end of a session of Parliament and the official Opening of the HOA that begins the next session.
In the United Kingdom where we in the VI pattern our HOA, the Queen formally prorogues Parliament on the advice of the Privy Council.
Prorogation usually takes the form of an announcement, on behalf of the Queen, read in the House of Lords.
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