Former Speaker of the House of Assembly of the Virgin Islands, Julian Willock (left), accepted the resignation of former legislator Mark H. Vanterpool (right), upon being sworn in, however the Court ruled that Mr Vanterpool's letter was not properly addressed, rendering his resignation null and void. Photo: File/Internet Source

The House of Assembly of the Virgin Islands Constitutional Review Report by the Committee of the Whole House agreed that a Member should be able to resign at any time after electionThe House of Assembly of the Virgin Islands Constitutional Review Report by the Committee of the Whole House agreed that a Member should be able to resign at any time after election. Photo: Facebook/HoA

Current Speaker of the House of Assembly of the Virgin Islands Hon Corine N. George-Massicotte. Photo: HoA

However, the Standing Orders stated that any member resigning must address their letter to the Speaker. Once a new Speaker was elected, Julian Willock, he accepted the letter of the Member.

However, the Court ruled that Mr Vanterpool's letter was not properly addressed, rendering his resignation null and void.

The Lisa E. Penn-Lettsome-led Constitutional Review Commission identified ambiguity in resignation procedures, including whether a Member may resign after election but before the first sitting, and how resignation operates in the absence of a Speaker. It recommended clarifying the timing of resignation and providing alternative authorised recipients if the Speaker cannot receive a resignation letter.

The HoA of the Virgin Islands Constitutional Review Report by the Committee of the Whole House agreed that a Member should be able to resign at any time after election, but preferred to address the practical issue by ensuring continuity of the Office of Speaker through dissolution, rather than creating alternative recipients for resignation notices.

Rationale for Elected Members position

Members considered the right to resign fundamental and agreed that the uncertainty arose chiefly because the Speaker’s office becomes vacant on dissolution. Ensuring continuity of the Speakership was viewed as a straightforward solution that preserves clarity and avoids adding multiple alternatives. Elected Members agreed that the Speaker will hold the position through dissolution until a new Speaker is elected and sworn in by the newly constituted House.

So, in other words, the position of the negotiating team heading to London will be that, after dissolution of the HoA to make way for an election, the Speaker will still be in place until a new Speaker is sworn in.

Appointment or Election of the Speaker

Meanwhile, the Penn-Lettsome Constitutional Review Commission recommended retaining the current flexibility allowing the Speaker to be elected from among elected Members or from suitably qualified persons outside the House, and suggested that expectations of neutrality (including party resignation) are more appropriately addressed in the House’s rules and procedures than in the Constitution.

HoA Committee Decision- Speaker can be politically affiliated

Elected Members accepted with modifications the Penn-Lettesome recommendation on this matter. They agreed to retain existing flexibility and did not support any constitutional requirement that the Speaker be politically unaffiliated. The elected members further agreed to strengthen the office by: (i) requiring a two-thirds threshold for removal by a motion of no confidence; and (ii) providing for continuity of the Speaker in office through the dissolution until a new Speaker is elected and sworn in.