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HoA seeking 'legal advice' if it can reprimand Governor

- AG Baba F. Aziz told HoA he is yet to fully research subject
Attorney General Hon Baba F. Aziz says that while the HoA has the power to make resolutions, it may not be legally binding in the 'outside world', however, more research on the subject is needed. Photo: HoA/Youtube
Senior Opposition Member, Hon Julian Fraser RA (R3), right, has moved a motion to reprimand Governor Augustus J.U. Jaspert over the late tabling of the BVI Airways report from the Auditor General. Photo: VINO/facebook/File
Senior Opposition Member, Hon Julian Fraser RA (R3), right, has moved a motion to reprimand Governor Augustus J.U. Jaspert over the late tabling of the BVI Airways report from the Auditor General. Photo: VINO/facebook/File
The issues of the legality of motion was first raised in the House by the Premier Andrew A. Fahie (R1) who wanted to know if the motion to reprimand the Governor would be supported by the VI Constitution and the powers of the House before he would debate on the subject. Photo: HoA/Youtube
The issues of the legality of motion was first raised in the House by the Premier Andrew A. Fahie (R1) who wanted to know if the motion to reprimand the Governor would be supported by the VI Constitution and the powers of the House before he would debate on the subject. Photo: HoA/Youtube
DUFF'S BOTTOM, Tortola, VI - With uncertainty over whether the House of Assembly (HoA) of the Virgin Islands (VI) can actually reprimand the sitting Governor, His Excellency Augustus J.U. Jaspert, by way of a motion brought by senior legislator Hon Julian Fraser RA (R3), the House is now seeking legal advice on the way forward.

As such, the motion to reprimand Mr Jaspert for his handling of the BVI Airways Audit Report has now been placed on delay with Auditor General Hon Baba F. Aziz saying that while the House has the power to make resolutions, it may not be legally binding in the 'outside world'. 

HoA has power to bring motion - AG

"I reckon that this House of Assembly has power of debate and of speech that is found in the privileges of the House and the power of speech and of debate is also to be found in our Standing Orders. That is why a member of this House is able to bring any motion in this House." 

The AG continued, "So, in terms of a member bringing a motion in the House on any subject, I am not here to suggest that this House has no power to decide on any issues that is brought by way of a motion."

He said; however, any resolution makes as a starting point in the House is binding on its members, but in the outside world, it may not have legal implications. 

"It may for record purposes be a wish or a decision of the House on its member, that is what I would say on what resolutions normally are," Mr Aziz said. 

I need a legal input - Premier Fahie 

The issues of the legality of motion were first raised in the House by Premier and Minister of Finance, Honourable Andrew A. Fahie (R1) who wanted to know if the motion to reprimand the Governor would be supported by the VI Constitution and the powers of the House before he would debate on the subject.

The Attorney General noted he will have to research the subject some more based on a request made by the Speaker Hon Julian Willock, who also indicated that he has since sought independent legal counsel on the matter from two legal authorities.

According to the Premier, "I need to hear input and opinion, a legal opinion... to know if the motion has the substance in terms of going ahead."

"Are we in an exercise where there is no consequences? Are we in an exercise we should not be in? Are we in an exercise that is just a talk shop?" Hon Fahie asked.

19 Responses to “HoA seeking 'legal advice' if it can reprimand Governor”

  • wow (04/06/2020, 14:17) Like (6) Dislike (0) Reply
    Well sah! They hold HOA meeting and then asking if they cud reprimand him. Putting the cart before the horse....of lawddddddd
    • Edmond says (04/06/2020, 18:04) Like (2) Dislike (0) Reply

      Is the AGs opinion worth the paper it is written on - irrespective of his competence, is he the Governor's stooge looking for a reference for his next job?

      • @Edmond Says (05/06/2020, 07:49) Like (0) Dislike (0) Reply
        The Governor never asked him to do help so how could he be a stooge? Without or without a reference form the BVI a job awaits him.
      • Hope (05/06/2020, 08:22) Like (1) Dislike (0) Reply
        @ Edmond says: is this the same AG that is responsible for the reviewing of documents also giving the goverment sound legal legal advice but allowed the former administration to enter into an agreement with bvi airways.....in the land of the blind a one eyed man is king, the RDA chap run gone when is the AG bouncing
    • Legal opinion (04/06/2020, 18:09) Like (11) Dislike (0) Reply
      The House of Assembly can adopt a resolution censuring the Governor.
      The guys playing dominos at the shack in Sea Cows Bay can also adopt a resolution censuring the Governor.
      I can resolve to censure the Governor - I can also resolve that I want to have salt fish for dinner.
      None of the resolutions have any relevance, and the last one does not even guarantee that I will get salt fish for dinner.
  • circus (04/06/2020, 14:20) Like (20) Dislike (0) Reply
    "We are in an exercise of futility, wasting time, going around in circles ,trying to be relevant , displaying questionable intelligence while further eroding a much needed and required working relationship with the UK and its representative for the benefit of the people of the VI.
  • one eye (04/06/2020, 14:27) Like (3) Dislike (10) Reply
    they need to get the power to remove the governor
    • point (04/06/2020, 20:41) Like (0) Dislike (0) Reply
      I think that is the point they are trying to make.
    • Jaigon (05/06/2020, 05:09) Like (1) Dislike (0) Reply
      @ one eye, and that will never happen, the Governor have to something grave for the UK to recall him. Holding on to an AG’s report and releasing it late are no grounds for a Governor’s recall. This move is a wasted one and that motion should have never been entertained in the HOA. It’s a waste of time and energy, but to think of it, that’s the hallmark of Frazer, like to waste time, money and energy, remember those stop lights, the famous sea cows bay wall.
  • Interested (04/06/2020, 14:31) Like (4) Dislike (0) Reply
    The cart before the horse lol
  • Miss Mavis (04/06/2020, 14:46) Like (9) Dislike (3) Reply
    Lawddy Mercy, what a laughing stock in these COVID-19 times.
    • Birds eye (04/06/2020, 16:13) Like (10) Dislike (4) Reply
      at least the esteem is doing much better that Ingrid and that circus they had for 8 years
  • Challenger (04/06/2020, 16:02) Like (10) Dislike (0) Reply
    why were the members of the opposition not reprimanded for not attending earlier this year.....they failed in their collective responsibikity to represent which is much worse than a slight delay in notice for a finding which to be honest....nothing will come of it anyway.
    the hon. opposition are paid representitives of the people...they are the ones who should have been reprimanded for not turning up.

    did the delay in presenting the findings on bvi airways have any bearing on the findings or ultimate outcome.

    stop trying to be relevant opposition...and get WORKING for the people
  • blame the governor (04/06/2020, 17:02) Like (3) Dislike (0) Reply
    Same thing I keep saying,frazer never refer the listeners to the law or rule that can be cited to reprimand the governor,and total mockery of the hoa by mr frazer and seconded by mitch. blame the governor for that too?
  • Retirees (05/06/2020, 05:21) Like (2) Dislike (0) Reply
    Can Mr. Frazer please bring a motion to the HOA for the Department of Human Resources and the Treasury to finish pay civil servants especially the retirees their increments which were already approved by the Andrew Fahie Government. I will second that motion and have it debated fully. Motion is now before the House, Those in favor...., Those against ....The I’s have it.
    • No increments (05/06/2020, 07:56) Like (1) Dislike (1) Reply
      Increments seem to be unearned increases is the salaries of civil servants (who are often uncivil and seem to forget that they are servants). I vote against making such payments. Enough already - the BVI is broke and civil servants need to have their inflated salaries reduced.
      • @No Increments (05/06/2020, 14:46) Like (0) Dislike (0) Reply
        So you believe that servants should not be paid? If the Government could sign new million dollars contracts, if they could still embark on the Housing Project then it is fair that they pay the increments to their servants between 2016 and 2018.
  • Futility (05/06/2020, 05:46) Like (0) Dislike (0) Reply
    This is just plain futility. It is clearly an oversight on the part of the Governor which he tried to correct by suggesting a date for the house to meet. The Governor has nothing to gain by this action. In fact it is more ammunition to show Britain that locals cannot handle their affairs properly and need to give greater oversight to the governor. So Lets not become a spectacle and quietly roll along and get this mayhem out of the way. Now if this become a pattern by the governor then it clearly call his competency into question and then they will have legal grounds to request a recall of his appointment. But one swallow does no make a summer. Move on.
  • Governor’s office needs investigating (05/06/2020, 08:51) Like (0) Dislike (0) Reply
    Governor’s white office needs investigating and reprimanding too. Why no VI working there?! Why delay the report?! What do they actually do? Cost us so much.


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