Page 1 of 330

HOUSE OF ASSEMBLY OF THE VIRGIN ISLANDS

REPORT ON THE DELIBERATIONS OF

THE STANDING FINANCE COMMITTEE

APPOINTED BY THE HOUSE OF ASSEMBLY OF THE VIRGIN ISLANDS

TO EXAMINE THE DRAFT ESTIMATES FOR THE YEAR 2013

HELD AT THE HOUSE OF ASSEMBLY CHAMBER IN ROAD TOWN

FROM 16th NOVEMBER, 2012 TO 27th NOVEMBER, 2012

Honourable Ingrid Moses-Scatliffe Speaker and Chairman of the Standing

Finance Committee

Dr. the Honourable D. Orlando Smith, OBE Premier, Minister for Finance and

Territorial Member

Dr. the Honourable Kedrick D. Pickering Deputy Premier, Minister for Natural

Resources and Labour and Member for

the Seventh District

Honourable Ronnie W. Skelton Minister for Health and Social

Development and Territorial Member

Honourable Mark H. Vanterpool Minister for Communications and Works

and Member for the Fourth District

Honourable Myron V. Walwyn

Minister for Education and Culture and

Territorial Member

Page 2 of 330

Dr. the Honourable Christopher P. Malcolm

Attorney General

Honourable Ralph T. O’Neal, OBE Leader of the Opposition and Member

for the Ninth District

Honourable Delores Christopher Deputy Speaker, Deputy Chairman of the

Standing Finance Committee, and

Member for the Fifth District

Honourable J. Alvin Christopher Member for the Second District

Honourable Andrew A. Fahie Member for the First District

Honourable Julian Fraser, RA Member for the Third District

Honourable Alvera Maduro-Caines Member for the Sixth District

Honourable Marlon A. Penn Member for the Eighth District

Honourable Archibald C. Christian Territorial Member

Mrs. Phyllis Evans Secretary of the Standing Finance

Committee

Page 3 of 330

OFFICERS FROM THE MINISTRY OF FINANCE

Mr. Neil Smith Financial Secretary

Ms. Diane Parsons Budget Coordinator

Mrs. Trecia Thomas-Maduro Budget Officer II

Mrs. Daphne Frett Budget Officer I

Ms. Rhonda Glasgow Ag. Budget Officer I

ATTENDING SECRETARIES

Ms. Dwynel Davis

Senior Executive Officer, Office of the Director of Public Prosecutions

Ms. Joann Vanterpool Deputy Clerk, House of Assembly

Mrs. Juana Samuel-Murry

Administrative Officer, Attorney General’s Chambers

Mrs. Penny Maduro

Senior Executive Officer, House of Assembly

Page 4 of 330

Mrs. Lisa Winter Senior Executive Officer, Attorney General’s Chambers

Mrs. Malcia Leonard

Ms. Marsha-Ann Gumbs

Mrs. Nolma Chalwell

Mrs. Symone Penn

Human Resources Manager, Deputy Governor’s Office

Acting Executive Officer, Immigration Department

Secretary, Public Service Commission, Department of Human Resources

Senior Assistant Human Resources Manager, Ministry of Natural Resources and Labour

Page 5 of 330

ATTENDING BEFORE THE COMMITTEE

HOUSE OF ASSEMBLY

Mrs. Phyllis Evans Clerk, House of Assembly (the Clerk)

CABINET OFFICE

Ms. Sandra Ward

Cabinet Secretary (CS)

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS

Mr. Wayne Rajbansie

Mrs. Gale Potter

Mr. Joel Fahie

Director of Public Prosecutions (DPP)

Senior Administrative Officer (SAO)

Accounts Officer

COMPLAINTS COMMISSION

Mr. Elton Georges

Complaints Commissioner (CC)

OFFICE OF THE REGISTRAR OF INTERESTS

Mrs. Victoreen Romney-Varlack Registrar of Interests (RI)

Page 6 of 330

AUDIT

Mrs. Sonia Webster Auditor General (AGen)

GOVERNOR’S OFFICE / DEPUTY GOVERNOR’S OFFICE

Mr. David Archer Permanent Secretary, Deputy Governor’s

Office (PSDGO)

Mrs. Natalie Fahie-Smith Private Secretary, Governor’s Office (PSGO)

Mrs. Kara Penn-Stoutt

Finance and Planning Officer, Deputy

Governor’s Office (FPODGO)

Mrs. Michelle Donovan-Stevens Ag. Director of Human Resources (AgDHR)

Ms. Shavon Henley

Mrs. JMs. Jacquelin Henry

Ag. Deputy Director, Human Resources

(AgDDHR)

Accounts Manager

Ms. Sharleen Dabreo Director of Disaster Management (DDM)

Mr. Kendell Mills Deputy High Court Registrar

Mrs. Stephanie Benn

Mrs. Tashi O’Flaherty Maduro

Registrar General (RG)

Deputy Registrar

Mrs. Eunice Crawford Court Manager, Magistracy (CM)

Page 7 of 330

Ms. Connie Gumbs

Acting Accounts Officer II

Dr. the Hon. Christopher Malcolm

Attorney General (AG)

Mrs. JoAnn Williams-Roberts Solicitor General (SG)

Mrs. Juana Samuel-Murry

Administrative Officer, Attorney General’s

Chambers (AOAGC)

Ms. Layla Jones Senior Administrative Officer, Law Reform

Commission

Mr. Errol George Director, Financial Investigation Agency

(DFIA)

Mr Julien Johnson

Mr. David Morris

Ms. Gail Wheatley

Chief Operating Officer, Financial

Investigation Agency (COOFIA)

Ag. Commissioner of Police (Ag. COP),

Royal Virgin Islands Police Force

Business Support Mnager, Royal Virgin

Islands Police Force (AgCRVIPF)

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PREMIER’S OFFICE

Mrs. Rosalie Adams

Permanent Secretary, Premier’s Office

(PSPO)

Mr. Jamal Jones

Finance and Planning Officer, Premier’s

Office (FPOPO)

Mrs. Elvia Smith-Maduro

Ms. Elise Donovan

Mrs. Cynthia Hodge

Assistant Secretary, Premier’s Office

(AS)

Executive Director, International Finance

Centre

Consumer Officer, Trade and Consumer

Affairs

Mr. John Samuel Director, BVI Shipping Registry (DVISR)

Mr. Raymond Phillips Director, Development Planning Unit

(DDPU)

Mr. Dennis Jennings

Mr. Kenneth Donovan

Chief Immigration Officer, Immigration

Department (CIO)

Accounts Officer, Immigration Department

Accounts Officer, Immigration Department

Mrs. Vicki Samuel-Lettsome Ag. Chief Information Officer, Department

of Information and Public Relations (CInfO)

Page 9 of 330

Mr. Cryton Browne Accounts Officer II, Department of

Information and Public Relations

Mrs. Malcia Smith-Hamilton

Ms. Jaslyn A. Frett

Acting Director, BVI Tourist Board

(Ag.DDBVITB)

Financial Comptroller, BVI Tourist Board

(FCBVITB)

MINISTRY OF FINANCE AND DEPARTMENTS

Mr. Neil Smith

Ms. Dian Parsons

Mrs. Maria Smith-Thomas

Mrs. Trecia Thomas-Maduro

Ms. Rhonda Glasgow

Ms. Daphne Frett

Ms. Tiffany Todman

Financial Secretary, Ministry of Finance

(FS)

Budget Coordinator

Finance and Planning Officer, Ministry of

Finance (FPOMF)

Budget Officer II

Budget Officer I

Budget Officer I

Budget Officer I

Mr. Wade Smith Comptroller of Customs (CC)

Mr. Leslie Lettsome Deputy Comptroller of Customs (DCC)

Page 10 of 330

Mr. Clinton Romney

Assistant Comptroller of Customs (ACC)

Ms. Sylvia Moses

Ag. Director, BVI International Affairs,

Secretariat, Premier’s Office

Mr. Orris Thomas Deputy Commissioner of Inland Revenue

(DCIR)

Ms. Pasha Stoutt

Actin Postmaster General, Post Officer

(AgPG)

Ms. Debra James Acting Deputy Postmaster General, Post

Office (AgDPG)

Ms. Lucia Donovan Deputy Director of Information Technology

(DDDoIT)

Mrs. Dorea T. Corea

Mr. Maurice Todman

Ag. Director, Internal Audit (Ag. DDIA)

Internal Auditor II, (IAII)

Page 11 of 330

MINISTRY OF NATURAL RESOURCES AND LABOUR

Mr. Ronald Smith-Berkeley

Mrs. Jennifer Hodge-Penn

Permanent Secretary, Ministry of Natural

Resources and Labour (PSNRL)

Ag. Deputy Secretary, Natural Resources &

Labour (Ag. DSNRL)

Mrs. Louann Hodge-Smith Acting. Finance and Planning Officer,

Ministry of Natural Resources and Labour

(Ag.FPONRL)

Ms. Heather James

Senior Administrative Officer, Lands Unit,

Ministry of Natural Resources and Labour

(SAOMNRL)

Mr. Lloyd Williams Acting Manager, BVI Fishing Complex

Mrs. Erica Smith-Penn

Chief Register of Lands, Department of Land

Registry(CRL)

Mr. Kelvin Dawson

Mr. Winston Donovan

Registrar of Lands, Department of Land

Registry

Chief Surveyor, Survey Department (CS)

Mr. Dwayne Nibbs Deputy Chief Surveyor, Survey Department

Page 12 of 330

(DCS)

Mr. Kelvin Penn Acting Chief Conservation & Fisheries

Officer, Conservations and Fisheries

Department (AgCCFO)

Mrs. Janice Rymer

Mrs. Stephanie Williams

Acting Labour Commissioner, Labour

Department (AgLC)

Deputy Labour Commissioner, Labour

Department (DLC)

Mr. Bevin Braithwaite Chief Agricultural Officer, Department of

Agriculture (CAO)

Mr. Joseph Smith-Abbott Director, National Parks Trust (DNPT)

MINISTRY OF EDUCATION AND CULTURE

Dr. Marcia Potter

Mrs. Prudence Mathavious

Ag. Chief Education Officer, Department of

Education and Culture (AgCEO)

Acting Deputy Secretary, Ministry of

Education and Culture (AgDS)

Ms. Jillian M. Phillip

Acting Deputy Chief Education Officer,

Department of Education and Culture

(AgDCEO)

Page 13 of 330

Mrs. C. Jovita Scatliffe

Mrs. Stacy Brewley

Acting Finance and Planning Officer,

Ministry of Education and Culture,

(AgFPOEC)

Acting Senior Accounts Officer, Ministry of

Education and Culture (AgSAcctsO)

Mr. Patrick Harrigan

Ms. Janet Williams

Ag. Director, Department of Youth Affairs &

Sports (AgDYAS)

Accounts Officer, Ministry of Education and

Culture

Ms. Koreen George

Acting Accounts Supervisor, Department of

Education and Culture (SAcctOEC)

Mrs. Luce Hodge-Smith

Director of Culture, Department of Culture

(DC)

Mrs. Brenda Lettsome-Tye

Deputy Director of Culture, Department of

Culture (DDC)

Mrs. Vanessa Garraway Ag. Deputy Principal, Elmore Stoutt High

School (AgDepPrincipal)

Mr. Pete Smith Senior Administrative Office, Elmore Stoutt

High School (SAOESHS)

Page 14 of 330

Mrs. Suzanne Greenaway

Chief Librarian, Library Services Department

(CL)

Mr. Orlando Thomas

Accounts Officer II, Library Services

(AcctOLS)

Mr. Charles Forbes

Deputy Superintendent, Her Majesty’s Prison

(the Superintendent)

Dr. Karl Dawson President, H. Lavity Stoutt Community

College (the President)

MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT

Mrs. Petrona Davies

Mrs. Carolyn Stoutt-Igwe

Permanent Secretary, Ministry of Health and

Social Development (PSMHSD)

Deputy Secretary, Ministry of Health and

Social Development (DSHSD)

Ms. Kisha Donovan

Dr. Irad Potter

Finance Officer, Ministry of Health and Social

Development (FOHSD)

Chief Medical Officer, Ministry of Health and

Social Development (CMO)

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Mr. Greg Massicote Acting Manager, Solid Waste Department

(MSWD)

Mr. John Cline

Mrs. Darlene Carty

Chairman, BVIHSA

Chief Executive Officer, BVI Health Services

Authority (CEOBVIHSA)

Mrs. Cedorene Malone-Smith Director of Hospital Services

Mrs. Lilimay Lettsome-Carlton

Acting Finance Officer, BVI Health Services

Authority (BVIHSA)

Dr. Emmanuel Ogunde

Senior Human Medical Officer

Mrs. Andria Flax

Senior Human Resource Administrator,

BVISHA

MINISTRY OF COMMUNICATIONS AND WORKS

Mr. Gary Penn

Deputy Secretary (DSC&W)

Page 16 of 330

Mr. Anthony McMaster Deputy Secretary (DSC&W)

Mrs. Pearline Scatliffe-Leonard Human Resources Manager, Ministry of

Communications and Works (HRMCW)

Mrs. Margaret Jones-Greene Finance and Planning Officer, Ministry of

Communications and Works (FPOCW)

Ms. Diane Todman

Accounts Officer, Ministry of

Communications and Works(AcctOCW)

Mr. Arriel Donovan Manager , Facilities Management Unit (FM)

Ms. Sueaco Harrigan Accounts Officer, Facilities Management

Unit (AcctOFMU)

Mr. Zebalon McClean Chief Fire Officer, Fire and Rescue Services

(DCFO)

Ms. Jo-Ann Barzey

Accounts Officer, Fire and Rescue Services

Mr. Bernard Grant Ag. Deputy Director, Water and Sewerage

Department (Ag. DDWS)

Ms. Lorna Christopher

Commissioner of Motor Vehicles, Department

of Motor Vehicles (CMV)

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Mr. Reynell Turnbull Manager, Telephone Services Management

Unit (MTSMU)

Dr. Drexel Glasgow Chief of Infrastructure Planning, Research and

Development

Mr. Jose deCastro

Mrs. Shirlyn Penn

Ag. Deputy Director, Chief Architect, Public

Works Department (AgDDPWD)

Management Accounting Consultant

Page 18 of 330

KEY TO ABBREVIATIONS

AcctMDeHR

AcctOII

ACOC

ADYA

ADS

AG

AgAcctGen

Accounts Manager, Department of Human Resources

Accounts Officer II

Assistant Commissioner of Customs

Assistant Director of Youth Affairs

Assistant Director of Sports

Attorney General

Acting Accountant General

AgAMBVIFC

AGC

AGen

AgCCFO

AgCEO

AgCFO

AgCTO

AgDAcctGen

AgDC

AgDCCFO

AgDCEO

AgDCFO

AgDCInfO

AgDDHR

AgDHR

AgDPWD

AgDSNRL

AgDYAS

AgDWS

Acting Assistant Manager, BVI Fishing Complex

Attorney General’s Chambers

Auditor General

Acting Chief Conservation and Fisheries Officer

Acting Chief Education Officer

Acting Chief Fire Officer

Acting Chief Training Officer

Acting Deputy Accountant General

Acting Director of Culture

Acting Deputy Chief Conservation and Fisheries Officer

Acting Deputy Chief Education Officer

Acting Deputy Chief Fire Officer

Acting Deputy Chief Information Officer??

Acting Deputy Director of Human Resources

Acting Director of Human Resources

Acting Director of Public Works Department

Acting Deputy Secretary, Ministry of Natural Resources and

Labour

Acting Director of Youth Affairs and Sports

Acting Director of Water and Sewerage

Page 19 of 330

AgFPONRL

AgLC

AgPSCW

AgPSEC

AMADH

AMSWD

Acting Finance and Planning Officer, Ministry of Natural

Resources and Labour

Acting Labour Commissioner

Acting Permanent Secretary, Ministry of Communications and

Works

Acting Permanent Secretary, Ministry of Education and Culture

Assistant Manager, Adina Donovan Home

Assistant Manager, Solid Waste Department

AONRL

BC

Administrative Officer, Ministry of Natural Resources and Labour

Budget Coordinator

BVIAA B.V.I. Airports Authority

BVIEC B.V.I. Electricity Corporation

BVIFSC B.V.I. Financial Services Commission

BVIHSA B.V.I. Health Services Authority

BVIIAU B.V.I. International Affairs Unit

BVIIFC

CAB

B.V.I. International Finance Centre

Central Administration Building

CAO

CC

Chief Agricultural Officer

Complaints Commissioner

CDC Curriculum Development Coordinator

CEHO Chief Environmental Health Officer

CFD Conservation and Fisheries Department

CIO Chief Immigration Officer

CInfO Chief Information Officer

CL

CLRC

Chief Librarian

Chairman, Law Reform Commission

Clerk

CM

CMV

CP

Clerk, House of Assembly

Court Manager, Magistracy

Commissioner of Motor Vehicles

Chief Planner

Page 20 of 330

CRL

CS

Chief Registrar of Lands

Cabinet Secretary

CSDO

CSur

Chief Social Development Officer

Chief Surveyor

CTO

DC

Caribbean Tourism Organisation

Director of Communications, Premier’s Office

DCAO Deputy Chief Agricultural Officer

DCEHO

DCIO

DCIV

DCIR

DCL

DCMV

DCOC

DCOP

Deputy Chief Environmental Health Officer

Deputy Chief Immigration Officer

Director of Civil Aviation

Deputy Commissioner of Inland Revenue

Deputy Chief Librarian

Deputy Commissioner of Motor Vehicle

Deputy Commissioner of Customs

Deputy Commissioner of Police

DCP

DCS

DCSur

DDDM

DDDoIT

DDIA

Deputy Chief Planner

Deputy Cabinet Secretary

Deputy Chief Surveyor

Deputy Director of Disaster Management

Deputy Director of Information Technology

Deputy Director, Internal Audit

DDNPT Deputy Director, National Parks Trust

DDoIT

DDPU

DDWS

DeHR

Director of Information Technology

Director, Development Planning Unit

Deputy Director of Water and Sewerage

Department of Human Resources

DFM Director of Financial Management

DFS Deputy Financial Secretary

DG

DGO

Deputy Governor

Deputy Governor's Office

Page 21 of 330

DLC Deputy Labour Commissioner

DOA

DOE

Department of Agriculture

Department of Education

DoIT

DP

Department of Information Technology

Deputy Postmaster

DPH

DPP

DPrin

DPU

Director of Primary Healthcare

Director of Public Prosecutions

Deputy Principal, Elmore Stoutt High School

Development Planning Unit

DSCW Deputy Secretary, Communications and Works

DTB

DTCA

DTS

DTSM

DWS

Director of the Tourist Board

Director of Trade and Consumer Affairs

Director of Telecommunications Services

Deputy Telephone Services Manager

Director of Water and Sewerage

EDIFC Executive Director, B.V.I. International Finance Centre

FC

FIA

Financial Comptroller, BVI Tourist Board

Financial Investigation Agency

FM

FOHSD

Facilities Manager

Finance Officer, Ministry of Health and Social Development

FPOCW Finance and Planning Officer, Ministry of Communications and

Works

FPODGO Finance and Planning Officer, Deputy Governor’s Office

FPOEC Finance and Planning Officer, Ministry of Education and Culture

FPOHSD Finance and Planning Officer, Ministry of Health and Social

Development

FPOMOF Finance and Planning Officer, Ministry of Finance

FPOPO Finance and Planning Officer, Premier’s Office

FS Financial Secretary

GIS Government Information Service

Page 22 of 330

GO

HHRC

Governor’s Office

Head, Human Rights Commission

HLSCC H. Lavity Stoutt Community College

HMP Her Majesty’s Prison

IAD

IAIII

JLSC

Internal Audit Department

Internal Auditor III, Internal Auditor Department

Judicial and Legal Services Commission

LD Labour Department

LDCA Land Development Control Authority

MADH Manager, Adina Donovan Home

MBVIFC Manager, B.V.I. Fishing Complex

MCW

MDBVIAA

MEC

MH&SD

MNR&L

MOF

Ministry of Communications and Works

Managing Director, BVI Airports Authority

Ministry of Education and Culture

Ministry of Health and Social Development

Ministry of Natural Resources and Labour

Ministry of Finance

MSWD Manager, Solid Waste Department

MTSMU Manager, Telephone Services Management Unit

NEIT New England Institute of Technology

NPT National Parks Trust

OECS Organisation of Eastern Caribbean States

PG

PO

PolSC

Postmaster General

Premier’s Office

Police Service Commission

PSHSD Permanent Secretary, Ministry of Health and Social Development

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PSPO Permanent Secretary, Premier’s Office

PSNRL Permanent Secretary, Ministry of Natural Resources and Labour

PSC Public Service Commission

PWD Public Works Department

RC

RG

RI

RL

Recreation Trust

Registrar General, Civil Registry and Passport Office

Registrar of Interests

Registrar of Lands

RVIPF Royal Virgin Islands Police Force

SAcctONRL

SAOLRC

SCA

Senior Accounts Officer, Ministry of Natural Resources and

Labour

Senior Administrative Officer, Law Reform Commission

Senior Court Administrator

SD Survey Department

SecG

SG

Secretary General

Solicitor General

SFC Standing Finance Committee

SM Senior Magistrate

TB Tourist Board

TCPD Town and Country Planning Department

TSC Teaching Service Commission

The Principal Principal, Elmore Stoutt High School

The Centre Sir Rupert Briercliffe Cultural Centre

The Force Royal Virgin Islands Police Force

The Registrar Registrar, Supreme Court and Commercial Court

The Superintendent Superintendent, Her Majesty’s Prison

TSMU Telephone Services Management Unit

UNESCO United Nations Educational Scientific and Cultural Organisation

UVI University of the Virgin Islands

UWI University of the West Indies

Page 24 of 330

INTRODUCTION

1. The Chairman welcomed Members, the Financial Secretary and his staff from the

Ministry of Finance to the commencement of the Standing Finance Committee

Meetings for the 2013 Budget. She stated that the mandate of the Committee was to

examine the Recurrent Budget Estimates of Revenue and Expenditure and the Capital

Budget Estimates of Revenue and Expenditure for the year 2013.

2. The Chairman indicated that the timetable for the deliberations was very ambitious

and solicited Members cooperation to complete the meetings on schedule.

Page 25 of 330

REVENUE ESTIMATES

Present:

Mr. Neil Smith Financial Secretary, Ministry of Finance (FS)

Ms. Diane Parsons Budget Coordinator, Ministry of Finance (BC)

Mrs. Trecia Thomas-Maduro Budget Officer II, Ministry of Finance (BOII)

3. The FS indicated that he anticipated revenue in the amount of $298.7 million dollars

as compared to 2012 which was in the region of $ 289.5 million dollars. He stated

that much of the analysis and projections had been presented in the Budget Speech

which had been delivered by the Premier on 15th November, 2012. He also explained

that some of the classifications had changed due to the new Chart of Accounts and the

new Code Book.

4. The Member for the Second District noted that the revenue projections for 2013 to

2015 were the same amounts, and queried whether the FS foresaw any changes.

5. The FS explained that, unless there was a policy shift or some other deliberate initiative that would affect the figures, he was compelled, as a matter of technical rigour, to keep the figures the same. He added that the figures would only change based on occurrences, and whether a new planned revenue measure that would come into effect in the future would cause these figures to change.

6. The Member for the Second District then queried whether these figures reflected

those new measures that were announced in the Budget presentation, and whether the

Environmental Levy could be taxed without legislation.

7. The FS clarified that efforts were made to produce a conservative budget, so some of

those measures had not been taken into consideration as yet. Regarding the Levy, he

responded that a fee would have to be introduced via a Bill.

Page 26 of 330

Subhead 412000 – Payroll Tax

Subhead 414000 - Taxes on Goods and Services.

8. Territorial Member Archibald C. Christian queried whether an increase in the size of

the workforce was the reason for the increase in the estimate for Payroll Tax and

Taxes on Goods and Services.

9. The FS stated that there were expectations for some growth in GDP next year mainly

due to works most likely on the Cruise Ship Pier and the Airport Project, thus salaries

would be higher in aggregate. He also stated that Taxes on Goods and Services also

included revenues from the financial services industry particularly the Corporate

Registry.

10. The LOP made an inquiry as to whether all the sources of Payroll Tax were being

collected.

11. The FS stated that he was aware that there could be problems where the revenue

authority might have difficulty collecting it on time, but he did not know if there were

any willful violations of that.

12. The Member for the Second District queried whether royalties were being collected

on telecommunications to which the FS clarified that the Telecommunications

Regulatory Commission collected all the royalties based on existing legislation, but

that some changes would be made.

13. The LOP raised a concern in reference to the granting of trade licences, and the

Premier indicated that he would contact the relevant Department.

14. The Member for the Third District requested an up-to-date record of the revenues

collected for the Subheads under revenue estimates for 2012, and questioned why the

projected figure for 2013 was under $ 300 million dollars.

15. The FS informed the Committee that, at the end of October, we had received close to

$ 230 million and between $70 to $ 75 million were expected by the end of the year.

He stated that there had been some unexpected revenues collections in 2012, and

some unanticipated Stamp Duties had been collected.

Page 27 of 330

16. The Member for the Third District then sought clarity on whether or not there were

any anomalies for 2013.

17. The Premier interjected that the extra money had been generated from the sale of the

lots to build the houses at the resort and we could not anticipate how many lots would

be sold in a given time, so that was the reason for it not being budgeted.

18. The FS stated that that was his reason for describing it as an anomaly.

19. The Member for the Third District queried whether any Stamp Duty had been

collected when Little Dix was sold to which the FS responded that, if Little Dix was

sold, we should have collected Stamp Duty.

20. A discussion ensued pertaining to the sale of a company, the sale of real estate, assets

and debts for a given company, the opportunity for companies to trade on the stock

market and maintain ownership globally, and the legalities surrounding such matters.

21. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 28 of 330

HEAD 4300 PUBLIC DEBT

22. The Chairman thanked the panel for attending the deliberations, and requested that they

state their names and positions for the record.

23. The FS stated that the Ministry of Finance has broken down this head into two sections

the interest and principal sides of payment. He noted that the Ministry has pulled out the

commission and management fees which would give the SFC a clearer picture of what

these loans cost and the principal payment. He stated that this way was more explicit and

gives the SFC more information.

24. The Member for the Second District enquired whether these were all the outstanding

loans in 2012.

25. The FS stated that the Ministry of Finance made provision for works at the TB Lettsome

airport. He noted that this was a budgeted amount so a figure was allotted. He further

stated that this was a preliminary indication of what they would be able to afford. He

added that if the Ministry of Finance did not budget this figure when the loan was

approved they would not have provisions for the interest payment for the TB Lettsome

Airport. He noted that the interest would be 6% on $50 million dollars which was a

provision of the interest payment for whether the loan was approved.

26. The Member for the Second District questioned how the Ministry of Finance could allot

$3 million dollars under debt in the 2013 Budget. He further stated that he was confused

as to why $3 million dollars was shown under debt payment on interest when there was

no loan for the new airport project.

27. The FS noted that the interest was being paid from the local funds. He explained that

during the construction period only the interest was paid. He noted that as good stewards

of the Territory’s finances, the Ministry of Finance made provision for interest from $50

Million dollars in 2013 at a provisional interest rate of 6% which gave the figure of $3

million dollars in interest payment as a proper budgeting practice.

Page 29 of 330

28. The Minister for Health and Social Development stated that the debt that the Ministry of

Finance would accumulate in 2013 comes with a loan proposal. He noted that this loan

proposal would identify what the Ministry of Finance needs and all soft costs during the

construction period. He further noted that during the construction period which would

not be finished by 2013 the interest for this project should be allotted under the Capital

Project. He added that the Ministry was not servicing any dept for this project at this

point in time.

29. The Premier explained that the $3 million dollars in interest payment was allotted under

debt as a provision for when the loan was approved.

30. The FS emphasised that the provision was made so that if the loan was approved the

funds would be in place to make payment on the interest. He stated that if the Ministry

did not make provision they would have to short change other subheads.

31. The Minister for Health and Social Development stated that he understands that the FS

was trying to secure the funds so that once the loan was approved they would have

already made provision for interest payment. He noted however that the $3 million

dollars was placed under the wrong head.

32. The Member for the Second District asked the FS for an overview of the existing debt as

he sees it as well as the revenue and the operation of the system of government from a

technical point of view and as advisor to the Government, so that the SFC could get a

fixed prospective on the Government’s way forward. He enquired how much dept the

Government can take on without making any money.

33. The FS stated that the current outstanding debt was $113.8 million.

34. The Member for the First District enquired the current deficit incurred by the

Government.

35. The FS explained that the deficit was total expenditure versus the total revenue collected.

He noted that it was possible to have a deficit and still have a healthy organization,

because the deficit can be funded via a loan. He also noted that based on the

Page 30 of 330

Government’s deficit figure the Territory was very healthy. He further noted that

nevertheless the funds needed to be managed properly.

36. The FS further and explained that the borrowing guidelines are 10% of the current

expenditure which can go up to $29 million. He noted that the Ministry of Finance has a

projection of what the deficit would be at the end of 2012. He further stated that they

forecast the deficit for 2012 would be $12.12 million dollars. He stated that the deficit

was being funded through loan funding. He noted that the deficit derived was from the

hospital project, as the Ministry anticipates the use of loan funds for this project. He

further noted that the deficit has nothing to do with the revenue collected or operational

expenses.

37. The Member for the First District enquired the amount of the 2010 and 2011 deficit. He

also enquired how the deficit from the previous year was offset at the beginning of a new

year.

38. The FS stated that he does not have the deficit information for 2010 at hand, but the

figure would be provided to the SFC at a later date. He further stated that in 2011 the

deficit was 11.8 million The FS clarified that the deficit was the actual spent and there

might be issues of commitments that were not paid, which would be a separate issue. He

added that if for a particular year a particular amount is spent and you fund that deficit

with a loan or existing cash balances that is not necessarily a problem. He noted that the

issues lay when there are commitments that you did not cover but as a Government

commitments have to be met. He further noted the Ministry of Finance would just roll

over the deficit to the next year and encourage all Ministers to reduce those commitments

down to a zero balance.

39. The Member for the First district queried whether the deficit for 2011 was included in the

projected figure provided for 2012 deficit.

40. The FS stated that the 2011 deficit and the 2012 deficit were independent of each other.

He noted that the $11 million incurred in 2011 would have been covered by existing cash

balances or loan funding. He noted that this would have decreased the Government

Page 31 of 330

reserves levels and cash balances by 11 million dollars. The FS commented that the

Ministry of Finance was trying to make sure that all commitments are met for 2012 so

that they would not have to roll over to 2013. He also noted that the commitments for

2011 that roll over to 2012 are almost eliminated and that should be brought to a zero

balance by the end of the year.

41. The Chairman thanked the panel for their presentation and for answering the questions

asked by the Members.

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CONSTITUTIONALLY ESTABLISHED DEPARTMENT

HEAD 1101 HOUSE OF ASSEMBLY

Present:

Mrs. Phyllis Evans Clerk, House of Assembly (The Clerk),

Accounting Officer (AO)

Mr. Paul Thomas Accounts Officer II, (AOII)

42. The Chairman welcomed the panel to the deliberations and asked that they state their

names, positions and the department which they represented for the record to which

the panel complied.

43. The Member for the Third District queried whether the department had a

photocopying machine on the 1st floor of the Office, to this the Clerk responded in the

affirmative.

44. The Member for the Third District queried whether the photocopying machine was

operational.

45. The Clerk informed the Committee that photocopier on the first floor of the office

could not facilitate a large amount of copying. She further informed that the

department had already placed an order to purchase a new photocopying machine

which should be received in the near future.

46. The Minister for Health and Social Development queried whether the parking lot for

the Office facilitated parking for Ministers.

47. The Clerk informed the Committee that the department was sharing the building and

parking space with the Customs department. She explained that when informal

meetings were being held it could be possible to arrange for the Customs department

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not to utilise the parking lot which would give Ministers parking. She also informed

that because the fire escape had been installed it had decreased the parking space to

the building.

48. The Minister for Health and Social Development queried whether Ministers should

utilise vacant Member’s parking space and should that Member come to the Office

they park directly behind the Minister who utilised their designated parking space.

49. The Clerk queried whether the Minister was requesting that an additional designated

parking space be created to which the Minister responded in the affirmative. The clerk

informed that she had noted the Minister’s request.

Subhead 511000 – Personal Emoluments

50. Territorial Member Archibald C. Christian queried why there was an increase in the

said subhead.

51. The FS informed the Committee that the increase in the subhead was due to the

classification between both charts of accounts. He stated that the remuneration had

not actually increased by the amount projected. He explained that originally where

Members were getting for example telephone allowances it was not classified as part

of their compensation, it was dealt with as part of the telephone bill for the

department however now the allowances were reflected in the emoluments. He

explained that all the different allowances were totalled together which made the

figure look different however it was the same as what Members had been receiving all

the time.

52. The Leader of the Opposition suggested that the salary for legislators be reviewed and

suggested that the Premier gave it serious consideration as the price for cost of living

had escalated. He further stated that pensions for Legislators were given after a

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Member had been elected for two terms and had served for a minimum of five years

however; he was of the view that it be reduced to one term.

Subhead 522000 – Utilities

53. Territorial Member Archibald C. Christian queried why there was a reduction in the

said subhead. He also queried whether the reduction was a result of measures that

were taken in relation to electricity and other expenses.

54. The Clerk informed the Committee that the mobile and landline expenses were

usually combined however they were removed from the said subhead.

55. The Budget Coordinator (BC) informed that previously under the said subhead

telephone allowance was included however it had been removed as was previously

explained.

56. The Chairman thanked the panel for attending the deliberations and answering the

questions asked by Members.

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HEAD 1202 CABINET OFFICE

Present:

Ms. Sandra Ward Cabinet Secretary, Cabinet Office (CS)

57. The Member for the Second District requested an update on the operations of the

Cabinet Office and its plans for 2013.

58. The Cabinet Secretary stated that the Gazette Unit had relocated to the Cabinet Office

at RFG Place, and that the plans had been finalised for the relocation of the Office to

the Central Administration Building. She added that the efficiency within the Office

had improved in terms of expediting extracts and decisions to respective Ministries.

In terms of money, she explained that only $ 4,000 of the $ 283,500 for Subhead

523170 – Major Office Equipment had been expended. She therefore made a request

for the remaining funds to be carried forward to 2013 as a major project. She also

informed that the post of Deputy Cabinet Secretary had been advertised as the current

post holder will be assigned to the Development Planning Unit. She added that other

plans for the Office included public education, a standardisation of Cabinet Papers,

and the launching of a website.

59. The FS noted the Cabinet Secretary’s request pertaining to carrying forward the

funding.

60. The Member for the Third District sought clarity regarding the three-year budget

cycle and revotes.

61. The FS explained that, when budgeting for a three-year span, projections were made

for both expenditure and revenue for the three years. He added that, if a project had

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not been completed in a particular year, it would be expected to be completed in the

following year.

62. He stated that the 2013 budget contained investing activities which included "funded

from carry forward balances." He also stated that these balances were not allocated to

anything specific.

63. The Member for the Second District queried whether a Development Fund existed as

before.

64. The FS confirmed that the Development Fund still existed, but that one could not

assume that funding for projects that had not been implemented in a given year were

automatically available for the following year. He further stated that the Minister of

Finance may or may not use any unspent fund balances to continue that project.

Subhead 528680 – Web Hosting

65. The Member for the Eighth District noted that the allocation for this Subhead bore a

cost of $15,400 for the next three years, and queried whether a quote had been

obtained.

66. The Cabinet Secretary confirmed that she had received a quote, that the site was being

constructed by RKG Solution Consultant Group, and that it was about $ 15,000 to

maintain it.

Revenue Earnings

67. The Cabinet Secretary informed that the Gazette Unit had recorded revenue of

$329,882.90 which had been derived as follows: sale of Gazettes - $ 62.00;

subscriptions - $ 16,120.90 and $ 313,700 for notices.

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68. The Member for the Eighth District questioned the operating cost for the Gazette

process.

69. The Cabinet Secretary stated that approximately $15,000 to $20,000 was spent on

printing the Gazette.

70. The Chairman thanked the panel for answering the questions asked by the Members.

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HEAD 1303 OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS

Present:

Mr. Wayne Rajbansie Director of Public Prosecutions (DPP)

Mrs. Gale Potter Senior Administrative Officer, SAO

Mr. Joel Frett Accounts Officer, AO

71. The Chairman thanked the panel for attending the deliberations, and requested that

they state their names and positions for the record. She then asked whether the DPP

had a report to present to the members

72. The DPP thanked the Chairman for allowing him to present his case. The DPP stated

for the record that he wanted to thank the members for facilitating him at such a

convenient time. He also thanked the prior DPP for her time served in the Office of

the Director of Public Prosecutions (ODPP) which came to an end 15th August, 2012.

73. The DPP stated that he wanted to relay a presentation which covered different areas

the first one being one matter which came before the Standing Finance Committee in

two previous sessions. He stated that the issue that was being presented was in

relation to the Night Court. He further stated that he took the opportunity to look at

the issue before he came before the Standing Finance Committee as he wanted to

have closure to this issue. He also stated that apart from that, the other sections of the

report of the ODPP touched on several new initiatives and also gave a general idea of

the direction which the department was headed.

74. The DPP stated that having examined the questions that were asked by the

Honourable Members at the last Standing Fiannce Meeting in relation to the viability

of having the night court, and having also considered the statistics from the ODPP

that has been generated, it was observed that payments were made up to 29th

November, 2011. He further stated that pursuant to those payments, it was discerned

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that two members of staff were overpaid a sum of $3,250.00. He then stated that the

amount being owed by the Government to other members of staff of the ODPP was in

the amount of $2,600.00 which was the amount being owed up until 29th November,

2012. He also stated that he had further examined what occurred from December

2011 to May 2012 which was the last sitting of the night court in the jurisdiction. He

then stated that having examined those figures it was determined that a total of

seventeen sessions that required payment and having looked at the figures in relation

to it, it amounted to a total of $5,525.

75. The DPP then stated that because of the amounts which were overpaid to two

members of staff, having dealt with the necessary adjustments and deductions of what

was paid to them and having offset the difference, one member of staff is still

accountable to the Government for the sum of $1,300.00 and they would write to the

individual immediately and inform the Treasury Department about the overpayment.

He further stated that the payment made to the other member of staff was balanced off

based on the payment which was owed to that member of staff. The DPP further

stated that the amount owed to the other Attorneys in the ODPP is in the mount of

$6,175.00. The DPP further asked for the approval to clear the outstanding dept that is

within the ODDP.

76. The DPP stated that in relation to the viability in keeping the night court sessions,

having examined the statistics that were generated by the court and having looked at

what it was costing the Government to run the night court, it was found that payments

were being made in excess of $4,000 per session. He further stated that the issue was

further broken down to the amount being paid to the Senior Magistrate. He stated that

the amount of $2,000 was paid when she sat, and the Junior Magistrate would be paid

$1,500. The DPP also stated that the other cost which was associated with the night

court sessions was $725.00 which was payment to the Court Clerk and $1,014.00 for

one other member of staff for the court.

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77. The DPP noted that the payment received by the Attorneys for the ODPP was in the

amount of $325 per counsel which was a significant disparity in itself. He noted

however that if someone were to receive $4000.00 per session, having examined what

the night court was originally established to do, to deal with the traffic matters, it

would be his submission that the fines generated by the traffic matters, could never

commensurate with what is being paid out to staff and other recipients of money

under the night court system.

78. The DPP stated that he looked at an average ticket which fees are ranged between

$50.00 and $200.00 which would mean that on every sitting of the Court, there would

have to be no less than twenty guilty pleas and the sitting Magistrate would have to

fine each guilty plea no less than $200.00 for that to make sense. The DPP stated that

he has not been privy to any statistics from the Court and was unable to confirm

whether this amount of money was indeed generated, but his respectful view of this

matter would be that he would be hard pressed to accept any argument which was

presented by the Court. He further stated that for this reason he made a suggestion,

upon his assumption of the post of DPP in August, that the night court system be

discontinued immediately due to the cost that was incurred had been outweighed by

any benefit that could be had.

79. The DPP further stated that to deal specifically with the traffic matters, the ODPP has

implemented a process in conjunction with the Commissioner of Police, whereby the

Police Prosecutors re-introduced. He further stated that certain policies have been put

in place in relation to them highlighting thirty two ticketable offences and this would

be in the range of $50.00 and $200.00. He further stated that the Police Prosecutor

appears exclusively at Prospect Reef dealing with these minor traffic matters. The

DPP also stated that the Police Prosecutors are under the supervision of the DPP in

terms of regulating the procedure and statistics have been generated and could be

provided to show what is being done in relation to that area.

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80. The DPP stated that between the period August 15th to October, 2012 which was prior

to him asking the Police to take back the prosecution of these minor traffic offences,

thirty six traffic matters were filed before the court which were all still pending. The

police prosecutions started from 1st October 2011 and from that date to 2012 had laid

twenty six matters before the Court. The DPP further stated that there was currently a

back log of criminal cases as well as the traffic matters at the Magistrate’s Court one

of the reasons being that there was only one sitting Magistrate. He further stated that

seeing this was the case, there was a difficulty shifting resources and was not a

problem which the ODPP had met. He further stated that the ODPP had indeed put

the matters squarely before the Court. He also stated that sixty two charges had been

filed in relation to traffic matters from August 15th to October, 2012.

81. The DPP stated that this matter was only raised as a backdrop for the request of more

staff, which would have been in line with the argument to be presented. The DPP

stated that the workload within the ODPP had increased tremendously giving the fact

that there has been a rise of crime within the jurisdiction. The DPP stated that as part

of the proposal, there was a request made for additional members of staff. The DPP

stated that there was approval for one Executive Officer, one Paralegal Officer and

one Executive Officer to be renamed to Accounts Officer which had already been

done. He further stated that in terms of the other positions which were requested,

there was approval for one Senior Crown Counsel and two Crown Counsels in July

2011 but was never financed. The DPP stated that the work in dealing with crime had

increased but the number of staff members within the ODPP had not. He further

stated that one member of staff had vacated their post giving the required three

months’ notice since he came into office and another member of staff would be

leaving very soon.

82. The DPP stated that from August 15th to October, 2012, twenty eight advice files had

been submitted to the ODPP and the average turnover time for these files would be

two days on the desk of the DPP personally. He further stated that this figure would

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have excluded the matters which would have been submitted to the Special Crimes

Unit which would require more detailed attention. He further stated that the figure

given only reflected the files which were submitted by the Police Department. The

DPP stated that in relation to the other Counsel within the ODPP, the matters took no

less than twenty six days for preparation, advice and submission for review by the

DPP. The DPP stated that he is proposing to reduce this time with the addition of staff

so that a far more efficient output for the persons who were requesting the

information. The DPP stated that opinions are not only generated for the Police

Service but for private entities.

83. The DPP stated that in the Magistrate’s Court, seventy two complaints have been filed

from 15th August to date. He further stated that of the seventy two matters, two

matters have been dealt with in his absence. He also stated that these matters had been

discontinued. He then confirmed that seventy matters which have been filed had not

yet started.

84. The DPP stated that in the High Court matters there was a total of twelve new

depositions, indictments had been drafted and those twelve new matters to be filed by

14th December which were to be included on the new trial list for the assizes next

year. He then stated that the August trial list contained sixteen matters, two of which

were discontinued initially, two had been traversed to next year and the other matters

were presently being heard. He further stated that there were three trials in the current

assizes, 2 convictions and one not guilty. He then stated that there were matters to be

heard in the coming week. He then stated that in those matters the defending parties

had indicated that they were not ready to proceed however the Crown was in a

position to proceed.

85. The DPP stated that there was a higher output coming from the ODPP, and areas

where the report had suggested developing had been looked at. He further stated that

the areas which were to be looked at were accountability and output. The DPP stated

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that when the upcoming report is to be done, they would be more detailed and

accurate than the current presentation. The DPP stated that he was accounting on the

period, 15th August, 2012 to present about the changes made in the administration of

the ODPP and how it had an impact on the administration of justice within the

jurisdiction.

86. The DPP asked the Chairman for permission to state the new initiatives of the ODPP

87. The Chairman stated that submissions would have been made to the Financial

Secretary but if the DPP required making a plea on certain aspects he was permitted

to do so.

88. The DPP stated that the ODPP has taken stringent steps in terms of the KPMG

recommendations. He further stated that he was pleased to report that the ODPP was

in adherence to all recommendations save and except one which is relative to

promotions. He further stated that this matter has been deferred to the end of the year.

89. The Member for the Second District thanked the DPP for the detailed information. He

then asked where the additional payments for staff under the night court system could

be found.

90. The DPP stated that he had proposed that the money for these purposes be taken from

the vote for legal expenses which has an average balance of about $9,000.00 currently

to pay off the $6,000 which is owing to the members of staff which would settle any

money owed to the members of staff of the ODPP and further asked that the night

court system not be re-instated.

91. The Member for the Second District asked whether the FS gave approval to this

proposal.

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92. The FS asked where the DDP was requesting that the money be reallocated to.

93. The DPP stated that he proposed the money be reallocated to the sub-head for

allowances.

94. The Member for the Second District asked whether the DPP is requesting this

reallocation for 2013 or would this be done before the closing of the year.

95. The DPP stated that he was hoping to have this done by the end of the year so that it

may not interfere with the new budget for 2013.

96. The FS asked for verification of whether this would take place from the 2012 or 2013

budget.

97. The DPP confirmed that the transaction would be done in the 2012 budget.

98. The FS stated that this should not be a problem but would be discussed further in the

correct forum.

99. The Member for the First District asked the DPP to verify the purpose of the

institution of the night court system as he recalled it being instituted mainly to assist

the Magistrate’s Court with the overall backlog of cases. He further enquired why

persons were subjected to court for simple traffic matters.

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100. The DPP stated that the culture of the jurisdiction is not one to accept a ticket and

pay. He then stated that when a ticket is issued by an officer for a traffic infraction,

the person would be given twenty one days to pay the ticket. He further stated that he

was unable to answer the question of why persons within the jurisdiction would not

pay the ticket for the infraction. He then stated that after the allotted twenty one days,

the officer would then check to ensure that the payment for the ticket had been

received and once there is non-payment, a summons would then be prepared for court

for the non-payment of the ticked. The DPP stated that he would be happy if an

educational campaign would be embarked upon to ensure that persons are compliant

with the payment of tickets unless the individual intends to challenge the ticket.

101. The Member for the First District asked the DPP whether traffic offences were

recorded on the offender’s police record.

102. The DPP stated that traffic offences were not held on the offender’s police record.

103. The DPP further stated that having looked at the previous reports in relation to the

night court system; he understood the institution of the night court system to be for

the purpose of traffic matters. He further stated that it was not expected to be a

continuation of day court. He stated that the night court sessions started from 4:30 to

7:30 p.m. and it was intended to deal with fresh matters. He further stated that the

rational over time seemed to have been that persons who were employed that had

gotten a traffic ticket would not have been granted time to leave work to deal with

these matters during the course of the day to pay for the ticket. He also stated that it

was not a ration that he subscribes to. He then stated once a person has infringed the

law, that person is subject to the law as any other and it should not matter where the

offender works.

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104. The DPP said that he could understand from the minutes why the Honourable

Member held such an impression because it was not absolutely pellucid in the

discussions as to the rational or what was actually being done at the night court. He

further stated that it was his understanding from the minutes that the night court was

strictly for traffic matters to be dealt with and that part heard matters were not being

dealt with, fresh matters were not being dealt with and he imagined that a fresh arrest

matter would have only been dealt with if the police were approaching the twenty

four hour time limit to hold a person and a charge had been issued, once there is a

court sitting, they would then be bound to carry the person before the sitting court. He

further stated that as he understood, the intention for the night court system from the

last two sets of minutes from the House of Assembly suggests that it was established

strictly to deal with traffic matters which were in backlog.

105. The DPP stated that it should be appreciated that there are 3 courts in the territory. He

then stated that he was rotating to deal with Virgin Gorda, Prospect Reef and John’s

Hole. He then stated that volume of matters which had been accumulated at John’s

Hole requires two full time sitting Magistrates to deal with them. He further stated

that there was a backlog of partially heard matters within that court. He then said that

there were 62 matters which were filed and none of these matters have started which

is not at the fault of the ODPP or the Police and the backlog of matters was at the

Court level.

106. The DPP stated that one Magistrate had been interdicted, which had created a

problem in the system, one Magistrate had resigned and there is now one associate

Magistrate. He further stated that with the associate Magistrate, he has to pick and

choose matters because of his private law commitments. He further stated that this in

itself would mean that there was only one sitting Magistrate handling most matters

and he recommended that policy decisions be made, time being of the essence by

persons in charge to determine the viability of keeping only one Magistrate at John’s

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Hole or determine whether the time had come for two full time sitting Magistrates at

that court, one Magistrate sitting full time in Virgin Gorda and one full time in

Prospect Reef once Prospect Reef was being retained.

107. The Member for the First District stated that he was grateful to have the DPP fully

explain the situation involving the night court system. He then stated that if he had

known this information being presented at the time the decision was made he would

not have been in agreement. He further stated that he was glad to now get a legal view

on this matter as he was not aware of all these implications.

108. The DPP stated that having examined the system upon his assumption of office on

15th August, 2012, he had immediately put a stop to this matter because he did not

think that the territory had benefited from keeping a night court system at that cost for

traffic offences that could not possibly generate enough revenue per session to have

the book balanced even. He further stated that at the first attempt from the then sitting

Magistrate to call night court sitting in September, he bluntly refused. He further

stated that this decision was made not only on the basis of the non-payment of staff

but on the economic viability.

109. The Member for the First District stated that there should be a penalty for persons

who had misled the House with respect to the initial arguments made in relation to the

implementation of the night court system. He further requested the total amounts of

money that was spent in relation to the night court system.

110. Territorial Member Archibald C. Christian thanked the DPP for the report given to the

Honourable Members and also for the work done for the period he had assumed the

post to present. He then stated that he was in agreement with the Member for the First

District, about his concern for the night court system. He also stated that he was in

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agreement with the statement made that the non-payment of traffic tickets was within

the culture of the territory. He further stated that persons should be encouraged to pay

for the tickets as soon as they were given and not be concerned as it is not something

that goes on their record as indicated by the DPP. He then stated that this culture

should be reversed as it costs more money once these matters go to court.

111. Territorial Member Archibald C. Christian asked the DPP in relation to the

organizational structure presented in the 2011 report which had been submitted to the

House, he stated that he noticed a total of eight acting positions which may have been

reduced since he assumed office in August 2012. He enquired why there were so

many acting positions within the ODPP.

112. The DPP stated that at the time of the address to the open court that he intended to

embark upon an educational programme during the course of 2013 where pamphlets

and other material will be put together in conjunction with the Minister of Education

and Culture which will involve schools and circulating the information out to the

public so that the public may be aware as to what the fines are and the fact that they

did not affect your criminal record.

113. The DPP stated that upon his assumption of office that there were only four acting

positions and not eight. He then stated that there was one Acting Principal Crown

Counsel, three Senior Crown Counsels and there were three Crown Counsels who

came into the ODPP as acting seeing that there were no vacant spots within the ODPP

to be filled. He then stated that one of the difficulties that he faced was that persons

were put to act in senior positions at a time that they did not have the requirements to

be confirmed in the position. He further stated that at the time the post was offered to

them was simply as a moral boost as opposed to their legal acumen, competence and

efficiency. The DPP stated that the number of years required for the Principal Crown

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Counsel would be seven years practice which was the minimum requirement. He then

stated that the person that currently holds this post was no less than six years nine

months at the time in August he came into office.

114. The DPP further stated that the post of Senior Crown Counsel required a minimum of

five years and there was only one member of staff that fit into that category and the

other two Counsels were four years one month and four years eight months so they

could have not been confirmed to the position of Senior Crown Counsel as they

simply do not meet the requirement. He then stated that in terms of the Crown

Counsel Positions, two persons were brought in as acting because there were no

vacant posts within the system because of the 3 persons acting in the higher positions

of Senior Crown Counsel and their substantive positions remain Crown Counsel so

there were no vacancies at that level.

115. The DPP stated that the problem was that while persons were encouraged and

expected to work at higher levels, they were not granted the absolute tools they may

have required or the experience that is necessary which was, in his view, no more

than moral boosting as opposed to experienced expertise. The DPP further stated that

he had deferred the acting posts until the end of 2012, at which time the staff reports

are to be completed. He further stated that two staff members are in a position to be

confirmed presently on the minimum threshold requirements of the number of years

which are the Principal Crown Counsel and one Senior Crown Counsel. He also

stated that the other two members of staff will have to continue acting and had no

justifiable reason to stop the acting allowance from being paid to them as they have

not had any infraction of the regulations and they had been trying their best to fit the

role even though they are not well suited to it.

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116. The DPP further stated that the cry had always been as heard from members of other

departments and members of the public that the members of staff did not have the

necessary training and if that was so then they ought not to be acting in the first place

and stated that steps were taken to deal with that so that by the time they have the

necessary years they will not only have years but will also have the necessary

experience to step into the higher level with a little more at their disposal.

117. The DPP confirmed that at year end when staff reports are completed, two members

of staff are to be confirmed to their posts, two will continue to act, and 1 person had

been brought in recently who was acting as one member of staff had demitted office

having resigned. He further confirmed that there was one person acting as Crown

Counsel which was to be dealt with and that person had asked to be transferred from

the office and steps had been taken to fill the vacant posts substantively which are to

be filled not just based on the fulfillment of years but on experience within the

organization. He further stated that he was currently dealing with the structure within

the ODPP. The DPP stated that upon his arrival to the organisation he was not happy

with the organisational structure and looking at the KPMG recommendations, things

are to be put in place to have all these issues dealt with.

118. Territorial Member Archibald C. Christian stated that the question was raised and as

indicated by the Member for the First District the members may have been misled as

to the way things happen and there was always discussions within the public domain

as to where persons are with respect to qualifications and experience. He stated that

he was thankful for the explanation given by the DPP. He then stated that at the

Crown Counsel level however, he was unsure if persons automatically come in office

as acting even if they had the required qualifications as it is at the bottom of the chart.

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119. The DPP stated that the substantive posts for persons at the Crown Counsel level had

been filled. He further stated that those persons that had been put to act as Senior

Crown Counsels and as such had created a vacancy. He further stated that when

persons are recruited for the posts, there was no substantive position for them to fill.

He further stated that when persons come into the office and were put to act, once

persons were confirmed to the posts higher up in the organisations the lower counsels

are then confirmed. He then stated that having one Crown Counsel leave the ODPP,

the first act was to bring in the first acting Crown Counsel within the establishment

which leave one acting Crown Counsel there and once the Principal Crown and the

first Senior Crown is confirmed, everyone will take a leap forward and it would

enable the acting Crown Counsel to be confirmed to a substantive post.

120. Member for the First District enquired whether the DPP found the report of the

KPMG team one of substance and if the recommendations made could be useful to

the ODPP.

121. The DPP stated that upon his assumption of the post of DPP, he evaluated members

of staff and conducted discussions to determine where each member of staff fell

within the organisation. He further stated that he had carefully looked at the

recommendations made by KPMG and was of the view that it is useful and certain

recommendations made in this report were adhered to very early in tenure. He also

stated that members of staff were able to vent their concerns to someone other than

the DPP who they may have been reluctant to divulge this information to and from

the list that had been generated, namely, renaming posts, which had already been

completed, drafting policies for the proper administration of the office, seven of

which had already been drafted, four dealing with the ODPP and the remaining three

dealing with the relationship with the police. He stated that the policies drafted for the

ODPP was in relation to the administration of the office in relation to the media,

documents, the manner in which things are to be done, case management, polices

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directed to the police in relation to the preparation of files, prosecution of matters,

appointment of police prosecutors, and the last one being completed is in relation to

the DPP and consultation with the police which will be beneficial to the territory

futuristically. The DPP stated that these measures were taken closely in relation to the

recommendations specifically made by the KPMG team in relation to the working

relationship between the relative government departments.

122. The DPP stated that he had restructured the reporting process whereby senior persons

within the ODPP were given supervisory roles. He also stated that peer to peer

counseling was also introduced. He further stated that matters were also to be

delegated in addition to the administrative staff although there was a question of

maturity of the administrative staff. The DPP stated that he was pleased to have the

support of a competent Senior Administrative Officer who is very capable of dealing

with administrative matters who also meets with him on a daily basis in relation to

administrative matters. The DPP stated that he was in the process of training persons

upwards to relieve some of the pressure that is currently on the Senior Administrative

Officer with him as the Administrator. He further stated that he has had members of

staff attend various training seminars provided by the Training Division. He also

stated that he is trying to get them to be involved with various committees in the

coming year apart from the day to day running of the office.

123. The DPP then stated that recognition was also made by the ODPP for the need of a

scanner to scan all files and conserve costs and gaining online subscriptions. He stated

that as part of his proposal, he had stated these two points. He then stated that the

subscription to lexis nexis had been discontinued due to high costs, and the Westlaw

subscription had been retained and arrangements were being made to purchase a set

of the West Indian law reports that document the jury’s prudence of the Caribbean.

He stated that further online subscriptions were being sourced at no additional cost.

He then stated that in relation to the scanner, as previously discussed in relation to the

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development of certain databases within the ODPP, one was in relation to sentencing.

He then stated that he found a system where there was a room with closed files being

kept either on the floor or desks or also in filing cabinets which was clearly

unworkable. He further stated that it was necessary to have those file stored and

secured properly and in addition scanned and put in the system to generate

information in a database. The DPP stated that he estimated the project to last for one

year and the project had already been started and is being placed in a spreadsheet to

assist with the generation of accurate statistics.

124. Member for the Eighth District enquired whether there was a database kept in relation

to case law.

125. The DPP stated that there was no database or system in place in relation to case law.

He further stated that the Administrative Officer would pull information from a

physical closed and active file and then determine whether the information found

would be able to assist. The DPP proposed to have this phased out entirely within a

year. He then reiterated the importance of the use of a scanner for these purposes but

in the interim would be in the position to catalog the information and put in the

system.

126. Member for the First District enquired whether a scanner was requested in the budget.

127. The DPP confirmed that the scanner was included in the budget. He additionally

stated that within the ODPP he maintains an open door policy.

128. Member for the First District stated that he is pleased that the DPP is creating a high

class ODPP and is doing a good job soliciting the buy in of staff members. He further

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commended the DPP for his efforts and strategic policy implementation. He further

stated that the ODPP has his full support with his new initiatives.

129. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

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HEAD 1404 COMPLAINTS COMMISSION

Present:

Mr. Elton Georges, OBE Complaints Commissioner, Complaints

Commission (CC)

130. The Chairman thanked the panel for attending the deliberations, and requested that he

state his name and position for the record. She then asked whether the Complaints

Commissioner had a report to present to the members.

131. The Complaints Commissioner stated that the commission continues to carry out its

mandate in line with the Complaints Commissioner’s Act, 2003 and the only

additional request for the upcoming budget that he would like to make is for

additional staffing. He further stated that this is not the first time that this request was

being made for funding for a fourth position within the Commission. He stated that

the post being requested was for an Investigator/Legal Counsel. He then stated that

this was not the first time this case was being presented and further he would like to

again make a case for the request. He then stated that the purpose for this 4th member

of staff would be to advise as the need arises on all that is necessary to ensure that the

Commissioner and staff exercises their powers effectively and correctly within the

parameters of the Act and the Constitution and to conduct and participate in

investigations. He then stated that a detailed job description is available if required

by Members.

132. The Complaints Commissioner stated that the Commission is involved in

investigation and procuring evidence, determining whether matters are within their

jurisdiction or not, arranging hearings for persons who want to come and be heard,

arranging mediation in suitable cases and writing reports on findings and conclusions.

He then stated that with the presence of a lawyer on staff, it would greatly increase

the quality of the decisions and the quality of the investigations and would help to

avoid any legal challenges that might distract from pursuing the mission of the office.

He also stated that in addition to having a fourth member of staff as there are three

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persons now, and if unavoidable two persons have to be out at the same time, it is

very difficult for the office to function. He further stated that regrettably the report

made for the period of 2011 had not been laid before the house. And that he was open

to questions from the members.

133. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

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HEAD 1505 OFFICE OF THE REGISTRAR OF INTERESTS

Present:

Mrs. Victoreen Romney-Varlack Registrar of Interests (RI)

134. The Chairman welcomed the Registrar of Interests (the Registrar) to the proceedings

and asked if there was a presentation for the Committee. The Registrar informed the

Committee that there was none.

135. The Member for the Third District asked what the needs of the department were for

2012. The Registrar informed the Committee that the budget for the department was

adequate as is, however, the Act governing the Registrar’s Office needed to be

amended and if that was done the budget would need to be increased.

136. The Member for the Third District enquired as to what the proposed

recommendations were which would require additional funding. The Registrar

advised that recommendations were put forward and sent to the Deputy Governor’s

Office (DGO) but she could not discuss the matter because she did not know if the

matter was moved forward to Cabinet. She further noted that she had no feedback

from the DGO and advised that the Premier would have to elaborate.

137. The Member for the Third District also wanted to know since the budget remained the

same as it was for 2012, where the 10% (ten percent) savings were which was

mandated by Government. The Registrar informed that the savings was not just for

her department but for all departments and that her budget was the smallest.

138. The Member for the Third District asked if it was possible for the budget of sixty five

thousand dollars ($65,000.00) to be cut. The Finance and Planning Officer for the

Ministry of Finance informed that the ten percent (10%) budget cut was never

implemented but that all departments were required to ensure the difference in their

budgets.

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139. The Member for the Third District enquired if the office was broadening its scope by

expanding its powers. The Registrar informed that in terms of scope, the Registrar

would maintain the Registry of Interests in accordance with the Constitution. She

noted that in order to do so the Standing Select Committee (SSC) needed to be

appointed and the House needed to pass the relevant Act. She also noted that the

registry could be extended to senior government employees who would have to

declare their interests but the Act needed to be amended to accommodate them.

Additionally, she suggested that the registry become public record.

140. The Member for the Third District expressed that he did not think that the registry

should become public record immediately and suggested that it should only do so

after seven years. He also noted that Members of the SSC could request the

information confidentially. The Registrar agreed that there was a conflict of interest

if a Member was in default. She noted that was why she was proposing a stand-down

of a SSC of the House and in turn appoint a committee comprised of private citizens.

141. Territorial Member, Archibald C. Christian enquired if the Registrar had examples of

similar Acts from another jurisdiction. The Registrar informed that the jurisdiction

she looked at was the United Kingdom (UK).

142. Territorial Member, Archibald C. Christian wanted to know how wide the

classification was in the UK. The Registrar informed that it was restricted to House

Members and not senior public officers.

143. The Chairman thanked the Registrar for answering the questions asked by the

Members.

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HEAD 1717 AUDIT

Present:

Mrs. Sonia Webster Auditor General, Audit Department (AGen)

144. The Chairman welcomed the Auditor General (AGen) and asked that she state her name,

position and which department she represented for the record.

145. The Auditor General (AGen) told the Committee that 2012 was a challenging year as

there were a number of vacancies at the senior level which affected the Department not

being able to complete their programmes. She informed that a Senior Manager and two

Senior Auditor positions were vacant.

146. The Auditor General informed the Committee that the Audit Department had resumed the

Value for Money (VMP) programme along with a number of other projects, most of

which were in progress and not yet finalised. She added that this was due to insufficient

senior persons in the Department to review them. However, the Auditor General stated

that the Department has completed the 2010 audit of the financial statements and 90

percent complete on the 2011 financial statements from the Treasury.

147. The Auditor General added that the Department had an excellent training year. A number

of staff underwent training in various areas of audit.

148. The Member for the Second District asked the Auditor General if she could give any

information pertaining to the legislation, if she had the legislation drafted and ready to go

to assist with performing her duties.

149. The Auditor General responded in the negative and explained that she planned to do what

was done before which was to solicit copies of various legislation from around the

Territories, the more recent ones and to review and see which is more applicable to the

Territory’s situation. She added that she needed to touch base with the Financial

Secretary since he is planning a large scale revamp of the Financial Legislation as it

pertains to public standing and public finances generally.

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150. Territorial Member Archibald C. Christian enquired if there was any advancement on the

audit of the Hospital Project.

151. Auditor General stated that the Hospital Project is an audit that the Department did not

undertake in 2012.

152. Territorial Member Archibald C. Christian noted that there was an increase in the

estimates and enquired whether this was specifically to deal with training of staff

members overseas.

153. The Auditor General advised that the increase in travel was in part for training but also

for audit work.

154. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

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GOVERNOR’S GROUP

HEAD 2108 GOVERNOR’S OFFICE

Present

Mr. David Archer Permanent Secretary, Deputy Governor’s Office (PSDGO)

Mrs. Natalie Fahie-Smith Private Secretary, Governor’s Office

Mrs. Kara Penn-Stoutt Finance and Planning Officer, Deputy Governor’s Office

(FPODGO)

155. The Chairman welcomed the PSDGO and his team for attending the SFC meeting and

asked that they state their names for the record to which they complied.

156. The Private Secretary described the various roles for which His Excellency the

Governor had oversight including the chairmanship of the National Security Council.

She explained that the staff of this Office comprised personnel from the Virgin

Islands and the Foreign and Commonwealth Office (FCO).

157. The Private Secretary described the accomplishments of the Governor's Office as

follows: provided culinary arts training for the staff, hosted successful Royal and

Ministerial visits, increased the number of revenue-generating events held at

Government House Museum which garnered nine thousand, nine hundred and fifty

dollars ($ 9,950), implemented additional cost-saving measures as well as the first

phase of processes for management of deportation and prison matters. She further

advised that seventy-four (74) events had been hosted and on behalf of various

organisations which raised funds totalling seventy one thousand, seven hundred and

thirty four dollars ($ 71,734). She added that one of the guest quarters at Government

House had been restored with the assistance of Public Works, and that a company had

requested the use of the reception hall which also generated revenue.

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158. The Private Secretary explained that the challenges included the lack of the following:

insufficient financial resources and clerical staff, lack of adequate space, constant

repairs to the roof of the Government House Building, and a leaking cistern. She

added that Public Works had been assisting with the latter problem, but it had not

been rectified to date. She pointed out that an additional challenge was that of a

leaking roof at the Government House Museum for which they were in receipt of

three quotations which amounted to thirty six thousand, nine hundred and nine dollars

and twenty-five cents ($ 36, 909.25), eighty eight thousand, eight hundred and one

dollars and seventy-two cents ($ 88,801.72) and twenty five thousand, nine hundred

dollars ($ 25, 900) respectively, and that these works were due to commence on 19th

November, 2012.

159. The Minister for Health and Social Development voiced his disappointment with the

“new” Government House. He explained that four point five million dollars ($ 4.5

million) had been spent on this project of which approximately nine hundred thousand

dollars had been utilised for professional fees. He added that the construction resulted

in both a leaking roof and cistern, and he wondered how this could have happened.

He questioned who was paying for the current repairs.

160. The Private Secretary responded that the Public Works Department was assisting with

the repairs and that some were being funded in-house. She expressed that the FCO

had also provided finances for some of the repairs, and had paid for a particular

problem that had arisen with an unlevel floor and broken pipes. She also stated that

she still had some concerns and questions every time a new problem arose or a bill

was submitted.

161. The Minister for Communications and Works noted that this was the first time he was

being apprised of this situation that the Private Secretary had relayed.

162. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

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HEAD 2109 DEPUTY GOVERNOR

Present:

Mr. David Archer Permanent Secretary, Deputy Governor’s Office

(PSDGO)

Mrs. Kara Penn-Stoutt Finance & Planning Officer, Deputy Governor’s Office

(FPODGO)

163. The Chairman welcomed everyone and asked persons present to give their names and

positions for the record to which they complied.

164. The PSDGO highlighted some accomplishments made during 2012. He said the

Deputy Governor’s Office provided support in leading the Non-Profit Organisation

legislation along with the Ministry of Health & Social Development. The office also

dealt with the Queen’s Diamond Jubilee Celebration. He added that in 2013 the

Department would take on new initiatives to improve the Public Service efficiency

and innovation saving. The Department would also focus on the re-establishment of

change and quality unit to bring about change and reform in the Public Service.

Additionally, the Office plans to launch Volume 2 of the World Class Magazine. He

stated that The Deputy Governor’s Office had spent $3.5million dollars of the 2012

budget.

165. The Minister for H&SD enquired whether a specific standard of housing was

provided for Judges and Attorney Generals.

166. The PSDGO replied that the officers received different housing allowances. He added

that there is some Government owned quarters where the Judges reside and the

Deputy Governor’s Office ensured that there was consistency in maintaining those

quarters.

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167. The Minister for H&SD asked for further clarification of accommodation that was

provided for Judges.

168. The PSDGO replied that the Deputy Governor’s Office not only looks at cost, it also

looks at security when considering accommodation for Judges. In addition, the

preference of the Judge was considered.

169. The Member for the Fifth District queried what happened to the AG’s house. She said

that as far as she was aware, the Government owned an AG’s house.

170. The PSDGO stated that there was a house where some of the former AGs resided,

but it was not an AG’s house and the houses were not specified for particular persons.

He added that he believed that the house that was being referred to was a former

Chief Minister’s House.

171. The Minister for Communications and Works enquired regarding the amount of

housing allowance paid to the AG.

172. The PSDGO replied that the AG received a housing allowance of just under $2,000

per month.

173. The Minister for C&W requested that a report be submitted regarding the allowances

paid to the AG.

174. The Minister for H&SD stated that the country’s highest legal advisor should receive

a more attractive housing allowance. He said the current allowance did not provide

for the level of accommodation and security required for an AG.

175. The PSDGO stated that allowances were approved by Cabinet and if Cabinet felt that

the allowances should be increased the allowances should then be revised.

176. The Minister for H&SD stated that he was not aware that the allowances that were

approved by Cabinet included the AG because he was of the view that the AG was

accommodated in a Government building.

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177. The PSDGO stated that he preferred that all senior officers were comfortable and if

they could be accommodated in Government buildings they would be. However, the

Deputy Governor’s Office was unable to accommodate everyone.

178. The Minister for C&W stated that the Government needed to take the responsibility

of housing the AGs more seriously. He stated that the allowances needed to be

reviewed.

179. The Member for the Third District stated that during the time that the Minister for

Health and Social Development referred to the AGs were well accommodated at

McNamara. He added that two former AGs opted to stay in their own

accommodation.

180. The Member for the Sixth District enquired regarding the period that allowances were

introduced.

181. The PSDGO stated that allowances were paid based on salary grades. He stated that it

was cheaper to use Government accommodation. However, the Department’s

obligation was to the Judges first as it was a requirement of the Eastern Caribbean

Supreme Court to provide accommodation for Judges. He added that the Department

was not in any violation if they did not provide housing for AGs. He said the Deputy

Governor’s Office had to do whatever was best given the budgets constraints.

182. The Member for the Fifth District enquired whether the AG’s post was not as

significant as the Judge’s position.

183. The PSDGO stated that the office did not have a suitable accommodation to place the

AG and he had to be paid an allowance. He added that the office did not have an

obligation to provide housing for the AG or DPP.

184. The Member for the Third District enquired whether the AG was subsidising his

housing allowance.

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185. The PSDGO stated that he did not know the answer to that question.

186. The Member for the Third District stated that to his recollection this was the first time

that the AG had to subsidise his housing and noted that this was a precedent that was

being set.

187. The Minister for C&W enquired why the figure of $120,586 under Subhead 51120

was decreased to $105,312.

188. The FS stated that two persons were paid as AGs at the same time, a substantive

appointment and an acting appointment.

189. The FS stated that he would provide the report to Members.

190. The Member for the Third District enquired whether housing was provided for the

Judges if Government accommodation was not available. The PSDGO replied in the

affirmative.

191. The Member for the Third District enquired whether there were any plans to relocate

the Police Headquarters from the Sir Olva Georges Plaza.

192. The PSDGO stated that he was not aware of any plans to move the Police

Headquarters.

193. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

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HEAD 2110 DEPARTMENT OF HUMAN RESOURCES

Present:

Mr. David Archer Permanent Secretary, Deputy Governor’s Office

(PSDGO)

Mrs. Michelle Donovan-Stevens Ag. Director of Human Resources, Department

of Human Resource (AgDHR)

Mrs. Shavon Henley-Hodge Ag. Deputy Director of Human Resources,

Department of Human Resources

(AgDDHR)

Mrs. Kara Penn-Stoutt Finance & Planning Officer, Deputy

Governor’s Office (FPODGO)

Ms. Jacquelin Henry Accounts Manager, Department of Human

Resources (AcMDeHR)

194. The Chairman welcomed everyone and asked persons present to give their names and

positions for the record to which they complied.

195. The Acting Director of Human Resources provided an overview of the Department's

accomplishments for 2012 which included the completion of the Job Analysis Project,

the Service Commissions Regulations and the Employee Mobility Regulations. She

added that the administration of the BUPA health insurance had continued and the

enrollment was approximately 2,600 persons.

196. The AgDHR stated that the Employee Assistance Programme had launched its first

“Employee Assistance Week”, and that a revision had been made to the private

interest and disclosure form. She concluded by informing that two hundred and ten

(210) persons had been facilitated for summer employment.

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197. The Member for the Second District requested an update regarding the confirmation

of the Acting Director of Human Resources to the said post. He also sought feedback

on the satisfaction level of the users of the BUPA health insurance plan, as it was due

for renewal.

198. The Permanent Secretary explained that the AgDHR continued to take on a large

mandate and there was an intention to work towards confirming her to the post, but he

could not provide a specific date for its occurrence.

199. In reference to the query about BUPA, the AgDHR reported that the Department did

not possess such statistics. She informed that the enrollment was approximately

twenty six hundred persons (2600) and had remained relatively consistent. She also

stated that there were a one percent (1%) withdrawal from the plan at the initial stage,

and that BUPA had committed to launch a satisfaction survey.

200. The Member for the Third District wondered whether there were intentions to renew

the coverage with BUPA and whether there would be any significant changes.

201. The AgDHR stated that the Department did not have a decision concerning the

continuation of insurance coverage with BUPA.

202. The Member for the Third District expressed his concern that Government may run

the risk of being placed in a similar situation which had occurred prior to the

commencement of BUPA's coverage.

203. The AgDHR stressed that the Department of Human Resources and the Ministry of

Finance had been asked to begin discussions with BUPA about the continuation of

coverage and a decision had not been finalised as yet.

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204. The Member for the Third District gave a synopsis of the BUPA coverage whereby

persons had been complaining about BUPA from its inception. He informed that

BUPA had seemed to have been the better option at the time and, to date, users

experienced difficulties when seeking medical attention in St. Thomas due to the fact

that some doctors and pharmacists did not accept BUPA. He held the opinion that

BUPA and the Government was not doing enough to ensure that persons did not have

to spend unbudgeted money for coverage. He emphasised that, if this was not

addressed, BUPA should not be an option.

205. The Premier interjected that discussions were being held with BUPA at the moment,

but that efforts were being made to develop the National Health Insurance Scheme

which was scheduled to become effective mid 2013. He added that that would have to

be balanced against the continuation of the insurance coverage with BUPA or any

other insurance company that we may wish to engage.

206. The Member for the Third District reiterated that this Government and Governments

before had not been paying enough attention to health care. He once more referred to

the cost of a prescription and persons not being in a financial position to pay cash. He

further stated that he was looking forward to the NHI scheme, but he did not believe

that it would cover all the bases once it came on stream. He also informed that it had

taken a considerable amount of time before BUPA had reached some agreement with

Walgreens.

207. The AgDHR made it abundantly clear that the Department of Human Resources had

worked very closely with many of the families that had been affected and had

concerns about their coverage. She stated that reports from BUPA were available in

terms of claims paid to providers and employees. She also gave the assurance that

pre-certifications had been processed for employees who travelled to places that did

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not accept BUPA, and the Department also assisted in finding alternative providers

where feasible.

208. The Member for the Third District then expressed that he did not doubt that the

Human Resources Department had been working diligently, but reiterated that it was

of no value to state that a person was entitled to one hundred percent (100%)

coverage and still were required to pay out of pocket. He added that BUPA should at

least provide those basic services that Atlantic Southern had previously covered. He,

however, agreed that there were some areas that BUPA covered that Atlantic

Southern had not covered. He advised that the negotiations had to be intense.

209. The Member for the Second District asked for further clarification in reference to the

one percent (1%) withdrawal of persons from the BUPA Insurance Plan, and

wondered whether such a practice was consistent with Atlantic Southern or if it was a

new occurrence with BUPA.

210. The AgDHR explained that, over the years, employees had withdrawn from the

insurance whether it had been Atlantic or BUPA. She added that the specific

reference to the one percent (1%) was as a result of the transition from Atlantic to

BUPA. She clarified that she did not possess such statistics from the previous years.

211. The Member for the Second District queried the amount of money paid by

Government to BUPA, and the compensation from BUPA to its clients.

212. The AgDHR provided the Committee with a copy of the B.V.I. Government Claims

Report.

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213. The Member for the Second District wondered whether any record was kept of

persons whose claims were rejected to which the AgDHR stated that the cumulative

report of persons that may have outstanding claims unpaid is not included as a part of

the report.

214. The Member for the Third District enquired about the cost of the policy to

Government.

215. The AgDHR indicated that the total cost for the health insurance for 2012, thus far,

amounted to $3,703,344. She informed that Government subsidised the coverage as

follows: employees by fifty percent (50 %), risk officers by one hundred percent

(100%), and a portion of the retirees premiums was partially subsidised.

216. The Member for the Eighth District made an inquiry regarding the Employee

Mobility Regulations to which the AgDHR informed that a draft form had been

prepared for submission to Cabinet.

217. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

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HEAD 2111 TRAINING DIVISION

Present:

Mr. David Archer Permanent Secretary, Deputy Governor’s Office

(PSDGO)

Mrs. Michelle Donovan-Stevens Ag. Director of Human Resources Department of

Human Resources (AgDHR)

Mrs. Shavon Henley-Hodge Ag. Deputy Director of Human Resources,

Department of Human Resources (AgDDHR)

Mrs. Marsha Smith Ag. Chief Training Officer, Training Division

(AgCTO)

Mrs. Vereen Benjamin-Hazel Training Manager, Training Division(TM)

Ms. Jacquelin Henry Accounts Manager, Human Reources (AM)

218. The Chairman welcomed everyone and asked persons present to give their names and

positions for the record to which they complied.

219. The Chief Training Officer, CTO, presented the key training initiatives of the

Training Division. She stated that Ministries and Heads of Departments were invited

to submit their training needs and about ten Ministries/Departments responded. She

added that the Training Division completed 28 – 30 workshops for 2012. The training

included sessions conducted by the Department of Information Technology. In

addition, specialised training was also conducted for Civil Registry & Passport

Office, the Department of Education, Public Works Department and the Governor’s

Office. Ten persons were enrolled with the Chartered Management Institute

Programme – two persons are completing a Masters Degree and eight persons are

pursuing the Diploma Course. Management series were also offered to Heads of

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Departments; however, it has been a challenge to get senior officers to attend the

training. The Life Planning Series which was scheduled for November, 2012 had to

be postponed due to the small enrollment. The CTO stated that a new Civil Service

Learning opportunity had been offered to Public Servants. The FCO has funded the

Pilot Project which offered courses based on the line of work of the public servants.

She stated that seven persons completed tertiary studies in Spring 2012 and plans

were in train to revise the HR Policy that was last revised in 1976.

220. The Deputy Premier asked the reason for the low response to the Life Planning Series

and enquired whether the training would be offered again.

221. The CTO stated that a new approach would be taken to promote the training that

would attract more persons when the training is offered again.

222. The Member for the Eighth District enquired whether training was extended to the

Statutory Boards.

223. The CTO stated that Statutory Boards were allowed to attend training offered by the

Training Division.

224. The Member for the Second District enquired whether there were persons who were

granted study leave and also received assistance from the Ministry of Education &

Culture.

225. The CTO replied that she was only aware of one person who received funds from

both the Training Division and the Ministry of Education; however, this was not the

norm.

226. The Member for the Sixth District enquired whether it took eight years to complete a

Construction Degree.

227. The CTO stated that the Construction Degree took five years and the bonding period

was for eight years.

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228. The Member for the Sixth District enquired whether Government covered funding for

extension of study leave.

229. The CTO replied that requests for extension of study leave were funded once the

requests were approved.

230. The Member for the Eighth District enquired whether online study was funded by the

Training Division and the CTO responded in the affirmative.

231. The Member for the Third District enquired whether follow up was done with

students who were on study leave.

232. The CTO replied that follow up was done with the students through meetings. Each

student was assigned to a Desk Officer who contacted the students and also obtained

their transcripts.

233. The Member for the Third District queried whether contact was made with the

colleges/universities directly.

234. The CTO replied that contact was made with the schools if the Training Division had

questions/concerns; however, it was not a common practice to make contact with the

institutions. She added that the Department had to be careful not to violate students’

privacy.

235. The Member for the Third District enquired whether the number of persons who were

being funded by the Training Division was 17 persons.

236. The CTO replied that the Department had to reduce the number of persons proceeding

on study leave due to budget constraints. She said 17 persons were being funded by

the Training Division.

237. The Member for the Third District enquired about the number of persons that were

granted study leave annually.

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238. The CTO replied that up to 120 persons were on training at one point and averages of

twenty five persons were approved for training annually. She stated that in 2012, four

persons were approved for study leave. The approximate tuition for one student is

$22,000 per year. She added that the Department’s ability to approve study leave for

public servants was dependent on the HR Budget and the ability to pay for their

studies.

239. The Member for the Eighth District enquired the reason for the significant decrease in

the HR budget.

240. The Ag. DHR stated that over the last five years there has been a significant decrease

in the HR budget. She added that 2012 budget was the same as the 2011 budget.

241. The Member for the Third District enquired who determined the cut in the Training

Budget.

242. The PSDGO stated that the cut in budget was done by the Minister of Finance. He

added that although the number of persons going abroad have been reduced, in-

service training continues and fewer Heads of Department are been recruited.

243. The Member for the Third District enquired whether it was correct to assume that the

level of employees joining the Public Service were better educated, and therefore

reduced the need for further Education.

244. The PSDGO stated that a larger number of people were trained at the Bachelor’s

Degree level and the HR Department was struggling to place persons in the Public

Service who have returned from study leave. More persons were available now to fill

positions as opposed to ten years ago.

245. The Member for Third District stated that he would be satisfied if he could be

convinced that the need to recruit persons to fill vacant positions decreased.

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246. The PSDGO stated that the number of expatriates being recruited has reduced and

more local persons are available to fill positions locally. He added that persons were

trained based on priority training. The numbers, though small, was a compliment to

the government because the persons that have been previously trained are appointed

to fill positions within the service.

247. The Member for the Eighth District enquired whether the reason for the decrease in

training funds was because the funds were transferred to the Department of

Education.

248. The PSDGO replied that some of the funds were transferred to the Department of

Education and a decision was made to train persons where a need exists.

249. The Member for the Eighth District enquired whether the Training Division

collaborates with the Ministry of Education in establishing priority areas for training.

250. The PS/DGO stated that the Department of HR sits on the Scholarship Board and has

an input with regards to the priority needs. He added that the Ministry of Education

also has a priority list.

251. The Ag. Director of HR stated that the reality is that training has to be prioritised

because the territory is not in a position to absorb all of the graduates. She said that a

training needs assessment should be done.

252. The Premier enquired whether graduates on returning home are required to wait until

they are called for a placement.

253. The CTO replied that in recent years before the students proceeded on study leave it

was determined what vacancy that officer would fill on his/her return to the territory.

She said one year before the student returns he/she is asked to advise whether they

would return as scheduled and the person would be contacted about their placement.

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254. The Premier enquired whether this process was followed for scholarships recipients

as well.

255. The CTO stated that the Ministry of Education & Culture informed the Department of

HR of the return of students and arrangements are made to place the officers, when

possible.

256. The Premier enquired whether students are given sufficient time to allow them to seek

alternate employment arrangements for securing employment of no positions was

available in the service.

257. The Ag. Director of HR stated that students who are granted national scholarships are

informed that they can work within the territory.

258. The Member for the Eighth District stated that a national training needs assessment

should be conducted. He enquired whether this study was done in the recent study

conducted by KPMG.

259. The Director of HR stated that the KPMG’s mandate was to look at the Public Service

and not the territory. They looked at efficiency, role profiles, good governance and

HR Reform.

260. The Member for the Eighth District asked who developed the scope for the study.

261. The Director of HR stated that the scope of the study conducted by KPMG was

established by the Department of HR and the Deputy Governor’s Office.

262. The Minister for Communication and Works enquired how an officer with an interest

in a particular area could acquire funding to study if the department did not support

that person.

263. The PS/DGO stated that any public servant could apply for scholarship/study leave. If

the area of study is not on the priority list, the person would be required to fund their

own studies.

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264. The Member for the Eighth District asked how often was the Priority List reviewed.

265. The PSDGO stated that the priority list was reviewed annually.

266. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

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HEAD 2112 DEPARTMENT OF DISASTER MANAGEMENT

Present:

Mr. David Archer Permanent Secretary, DGO (PSDGO)

Ms. Sharleen Dabreo Director, Disaster Management (DDM)

Mrs. Kara Penn-Stoutt Finance and Planning Officer, Deputy Governor’s

Office (FPODGO)

267. The Chairman welcomed everyone and asked persons present to give their names and

positions for the record to which they complied.

268. The Director of Disaster Management gave a brief overview of the Department of

Disaster Management. She stated that her biggest concern was the condition of the

Emergency Operations Centre (EOC) building. She stated that the Department was

affected by rats and snakes which were damaging the electrical wires and air

conditioning units. She said the Department has been in the building since 1994 after

it was vacated by the Audit Department. She added that the Department requested

$2.9 million dollars for construction of phase one of the building. She also stated

that at the end of 2012 the Department would be fully staffed with the appointment of

the Deputy Director.

269. The Minister for H&SD asked how often the air conditioners were checked.

270. The DDM replied that the air conditioning units were cleaned every quarter. She

stated that it was the make up of the building that caused the problems. She said the

ceiling was a drop ceiling used to conceal exposed rebars (steel) in the roof slab

caused by deterioration. The Department has done some temporary work on the roof,

but it was only a matter of time before the ceiling opens up again.

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271. The DDM stated that she would like to know whether any support for the EOC

building in the 2013 budget was forthcoming. She said a Cabinet paper had been

approved but she did not see the funds included in the budget. The overall cost of the

building is $4 million; however, the plan is to complete the building in two phases,

and in an effort to cut costs, the Department would remain in the building while the

new structure is being built. She added that the building would be built according to

international standards to withstand maximum winds and earthquakes.

272. The PSDGO stated that the EOC is a national security building where the

Government officials meet to conduct the business of the territory. He said it is

important that the building is safe to accommodate persons while they are conducting

Government’s business during disasters.

273. The Premier stated that he would look at the request made by the DDM and continue

discussions regarding how the building would be financed.

274. The DDM stated that many Governments have strengthened their EOC in recent

times. Some Governments have received grants, but the BVI were not able to access

grants through the US. She had requested assistance from the Department for

International Development (DFID) who advised that they do not give assistance for

the structure of the building but would be willing to provide assistance for equipping

the building.

275. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

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HEAD 2113 SUPREME COURT

Present:

Mr. David Archer Permanent Secretary, Deputy Governor’s OPffice

(PSDGO)

Mr. Kendall Mills Deputy Registrar, Civil Registry (RGCR)

Mrs. Michelle McClean Senior Court Administrator, Supreme Court

(SCASC)

Mrs. Kara Penn-Stoutt Finance and Planning Officer, Deputy Governor’s

Office (FPODGO)

276. The Chairman welcomed the delegation and asked if there was an introduction. The

Deputy Registrar, Supreme Court (DRSC) gave and overview of the department and

its three courts. He outlined what was accomplished in 2012 and the work plan for

2013. He also noted that with the increase in more cases being heard before the

courts, it was necessary for fees to be increased.

277. The Leader of the Opposition asked if the Jurors List had been revised and the

number of times. The DRSC informed that the list was revised once per annum.

278. The Leader of the Opposition wanted to know who revised the list. The DRSC

informed that the Senior Bailiff prepared the list of names.

279. The Leader of the Opposition enquired of the nationality of the Bailiff. The DRSC

informed that the Bailiff was from the Virgin Islands.

280. The Leader of the Opposition also enquired if the Bailiff knew the people (of the

Virgin Islands).

281. The DRSC confirmed that the Bailiff knew the people as he was a former Police

Officer and had served as Senior Bailiff for many years.

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282. Territorial Member Archibald Christian asked the DRSC to explain the increase in

fees. The DRSC explained that the Civil Courts fees had not been increased since

1922. He further explained that the fees for the Commercial Court were recently

increased but not for the Civil Court. He also pointed out that the variations and

anticipated revenue from the increase were reflected in the 2013 Budget.

283. The Member for the First District asked what the anticipated fees were, if approved.

The DRSC noted that the fees were only a suggestion.

284. The Premier noted that the matter had to come before Cabinet first and thanked the

DRSC for his suggestion.

285. The Member for the First District enquired how income could be derived from the

Commercial Court. The DRSC informed that the fees for the Commercial Court were

also being reviewed.

286. The Member for the First District wanted to know if the fees could be based on the

size of the cases being heard before the court. The DRSC informed that persons paid

one thousand dollars ($1,000.00) for each day the case was being heard. He added

that there was also a fee of one thousand, five hundred dollars for claims to be filed,

as well as five hundred dollars ($500.00) in application fees.

287. The Member for the First District asked what the fee was for lawyers who resided

outside to Territory to practice here. The DRSC informed that there was a life-time

fee of one hundred dollars ($100.00).

288. The Member for the First District proposed that the fee be increased to one thousand

dollars ($1,000.00). The DRSC noted that that was an unrealistic amount and that

they were proposing an annual fee instead.

289. The Member for the First District asked why the increase in fees was not done sooner

so that it could be included in the 2013 budget. The DRSC advised that much

revision was needed beforehand.

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290. The Chairman asked if there was an additional fee for lawyers who did not reside in

the Territory. The DRSC advised that there were none and that Legal Practitioners

Bill accounted will be addressing the fee structure.

291. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

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HEAD 2114 CIVIL REGISTRY AND PASSPORT OFFICE

Present:

Mr. David Archer Permanent Secretary, Deputy Governor’s Office

(PSDGO)

Mrs. Stephanie Benn Registrar General, Civil Registry and Passport

Office (RG)

Mrs. Kara Penn-Stoutt Finance and Planning Officer, DGO (FPODGO)

Mrs. Tashi Maduro Deputy Registrar, Civil Registry (DRCR)

292. The Chairman welcomed the delegation and asked them to state their names to which

they complied.

293. The Registrar General, Supreme Court (RGSC) gave an overview of the department.

294. Territorial Member, Archibald C. Christian asked if the case for posts mentioned in

the overview were submitted for consideration before. The RGSC informed that

submission was made approximately four years ago.

295. The Member for the Fourth District enquired from the Permanent Secretary, Deputy

Governor’s Office (PSDGO) if the matter was at the Human Resources (HR) level.

The PSDGO informed that he did not have that information and that he would be able

to provide it at a later time.

296. The Member for the Fourth District asked the PSDGO if the matter was under serious

review or not by the Deputy Governor’s Office (DGO). The PSDGO informed that

he did not have that information and that he would provide it at a later time.

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297. Territorial Member, Archibald C. Christian enquired if the Assistant Registrar’s post

was requested before. The PSDGO confirmed that it was reviewed and that the

reports and legislation were being worked on.

298. Territorial Member, Archibald C. Christian asked if the draft legislation was

complete. The PSDGO informed that Cabinet would receive the draft legislation in

another three (3) weeks.

299. Territorial Member, Archibald C. Christian enquired if there was any training which

would provide consistency in disseminating the information to all the staff. The

Registrar informed that when she took Office there were no units and she created

three. She elaborated that there was a Senior Executive Officer (SEO) and an

Executive Officer (EO) who dealt specifically with Belonger Status requests.

However, only the Registrar and SEO were the knowledgeable staff dealing with such

requests. She further noted that ongoing training was conducted via staff rotation.

She also noted that if the department was housed at one location that would help with

some of the problems the department was facing.

300. Territorial Member, Archibald C. Christian asked if there was still resistance from the

public to pay the Visa fees. The Registrar confirmed that that was still the case.

301. The Member for the Fourth District wanted to know why the Visa fees were raised

from twenty five dollars ($25.00) to one hundred and seventy five dollars ($175.00).

The Registrar informed that when research was conducted it was discovered that the

Virgin Islands had the lowest fees in the Caribbean. She noted that if persons were to

apply for their Visa through the High Commission in the United Kingdom (UK), they

would have to pay in excess of three hundred and fifty dollars ($350.00).

302. Territorial Member, Archibald C. Christian enquired if the fees were now

competitive. The Registrar confirmed that they were.

303. The Member for the Fourth District stated that he did not have a problem if the fees

were graduated but he was concerned that the fees had suddenly increased so greatly.

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304. The Leader of the Opposition also expressed that he needed clarification of the

breakdown of the fees. The Registrar informed that one hundred and fifty dollars

($150.00) was the actual fee and twenty five dollars ($25.00) was the administration

fee which was mandated by Cabinet.

305. Territorial Member, Archibald C. Christian asked how long a Visa was issued for.

The Registrar informed that Visas were issued for three (3) months to five (5) years.

She added that the fees were inclusive of various administrative duties which included

telephone calls etc. She also noted that predominantly business visitors receive a

three (3) month Visa and if the Virgin Islands was not providing this service persons

would have to pay over three hundred dollars ($300.00) at other embassies.

306. The Registrar informed the Committee that when the increase in fees was being

considered the hardship of clients was taken into consideration. Before decisions were

made background checks were necessary as many applicants had criminal

backgrounds. She noted that the requirement to have persons renew their Visa when

renewing their Work Permit was a huge financial burden but it was a requirement

implemented by the Immigration Department and not her office.

307. The Leader of the Opposition asked if children and grand children of BVIslanders had

to appear in person for their Belongers Card to be issued. The Registrar informed that

the card was changed to a more high-tech version and that all applicants or card

holders had to appear in person. She also advised that persons did not have to make a

special trip just to change their cards; they could set up an appointment for whenever

they were visiting because the office was very accommodating.

308. Territorial Member, Archibald C. Christian enquired if persons were visiting for four

days if that was enough turn-around time for the card to be issued. The Registrar

informed that it was enough time once the person’s records could be located. She

again expressed that they always accommodate persons from overseas. She also

noted that the reason for having persons apply and collect their Belongers Card in

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person was due to stolen passports and forged cards coming out of the Dominican

Republic.

309. Territorial Member, Archibald C. Christian asked if the upgrade of the posts was

supported was it going to be implemented after the job analysis and if not, would it be

reviewed immediately after re-submission. The PSDGO responded that he would

have to get back to the Committee with the answer.

310. The Member for the First District asked if there was an update on the request for the

upgrade of the post. The Registrar informed that all she heard was that the outcome

was awaiting the completion of the job analysis. She also noted that she had

requested an update but never received one.

311. The Member for the Third District asked that the PSDGO conduct the necessary

research on the status of the upgraded posts and inform the committee of the findings.

312. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

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HEAD 2115 MAGISTRACY

Present:

Mr. David Archer Permanent Secretary, DG (PSDGO)

Mrs. Eunice Crawford Court Manager, Magistracy (CM)

Ms. Connie Gumbs Accounts Officer, Magistracy (AOM)

Mrs. Kara Penn-Stoutt Finance and Planning Officer, DGO (FPODGO)

313. The Chairman welcomed the panel and asked if there was a presentation for the

Committee. The Courts Manager gave an overview of the challenges and

accomplishments for 2012 as well as the goals for 2013 for the department.

314. The Member for the Second District enquired if there was adequate staff for the three

courts. The PSDGO advised that there was not.

315. The Member for the Second District asked if the Department of Human Resources

(DHR) appointed staff and there were no resources available, if the excess could be

appointed to the Magistrate Courts. The Financial Secretary informed that the

decision could only be made at Cabinet level and so it was not reflected in the Budget

Estimates.

316. Territorial Member, Archibald C. Christian enquired if there was a formal lease for

the Prospect Reef location. The PSDGO informed that the office was awaiting a

signature from the Director of Prospect Reef.

317. Territorial Member, Archibald C. Christian wanted to know if the rent for 2012 at

Prospect Reef was paid. The PSDGO informed that the payments for 2012 were up-

to-date.

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318. The Member for the Second District wanted to know if they could give clarity on the

way forward in terms of adequate staffing. The Minister for Natural Resources and

Labour advised that the relevant papers would have to be prepared by the department

and sent to Cabinet for a decision.

319. The Member for the First District asked what the repercussions would be if the matter

was not addressed. The Courts Manager advised that the insufficiency would be

disastrous because staff would be unable to get lunch break when needed. She also

noted that staff had to be shuffled between the courts at John’s Hole and Prospect

Reef when persons were out sick.

320. The Member for the First District enquired if night court was still in operation. The

Courts Manager informed that as of June 2012, night court was suspended. She noted

that it was only established to deal with the specific need of lessening the back-log of

traffic cases and that was accomplished.

321. The Member for the First District asked if criminal cases were heard at both locations.

The Courts Manager advised that there were no facilities to have criminal cases heard

at the Prospect Reef location. However, she noted that it was expected that criminal

cases would be heard at both locations in the near future.

322. The Member for the Second District asked if it was still the case that there were three

Magistrates as listed in the Budget. The Courts Manager explained that Valerie

Stephens’ appointment had expired on 31st October 2012 and that Tamia Richards

was appointed as Senior Magistrate. She also informed that Charmine Roasan-

Bunberry was still a Magistrate although interdicted. She further explained that

Richard Rowe was filling in as an additional Magistrate and held court at the Prospect

Reef location.

323. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

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HEAD 2116 COMMERCIAL COURT

Present:

Mr. David Archer Permanent Secretary, Deputy Governor’s Office

(PSDGO)

Mr. Kendall Mills Deputy Registrar Supreme Court (DRSC)

Mrs. Kara Penn-Stoutt Finance and Planning Officer, Deputy Governor’s

Office (FPODGO)

324. The Chairman welcomed the members of the Supreme Court and his team and asked

them to state their names to which they complied. The Chairman apologised to the

DRSC for not dealing with the Commercial Court matters together with the Supreme

Court instead of having him return to the Committee.

325. The Minister for Health and Social Development asked if the DRSC gave the fees

charged at Commercial Court.

326. The DRSC answered yes.

327. The Chairman thanked the panel for answering the question asked by the Minister.

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HEAD 2117 ATTORNEY GENERAL’S CHAMBERS

Present:

Dr. Christopher Malcolm Attorney General, Attorney General’s Chambers

(AG)

Mr. David Archer Permanent Secretary, DGO (PSDGO)

Mrs. JoAnn Williams-Roberts Solicitor General (SG)

Mrs. Kara Penn-Stoutt Finance and Planning Officer, DGO (FPODGO)

Mrs. Juana Samuel-Murry Administrative Officer, (AOAGC)

328. The Chairman welcomed the Attorney General and his team and asked them to state

their names to which they complied.

329. The Minister for Natural Resources and Labour asked if the AG if he could give a

synopsis of the law programme within the Chambers.

334. The AG stated that as has been previously stated during the year 2012 there were

certain initiatives that were implemented that would bring about greater efficiency

and to move the work of the chambers and the territory more generally forward.

Under the new initiatives they among other things, sort to better organise how they

manage work flow. For example, within the Chambers there are designated portfolio

Counsels for the various Ministries and Departments. As portfolio Counsels those

individuals are the persons who will be contacted first by the Ministries and

Departments to assist in negotiations etc where necessary.

335. The AG further stated that to determine how well it was working and to gage against

what was previously in place in February 2012 they sent customer client survey

asking for feedback on the six months prior to February 2012 and six months

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thereafter. Good responses were received and the areas for concerns were used as a

guide to how the Chambers seeks to further improve their quality services. Through

this process the Chambers tried to recognize themselves as a customer service center

to see how they could best serve the needs of their clients for all concerned.

336. In addition, the AG stated that in moving forward, they were hoping, since March

2012, to meet with all PS’s and HoDs to get a greater feel, apart from customer

service survey, as to what they require of the Chambers and to raise issues coming

from the Chambers that are considered impediments. In this way, they would be able

to better assess what the nature of the instructions should be and for them to

understand what the Chambers does and what realistic time frame they work with.

For example at these meetings they would be dealing with how contract matters are

handled and the nature of litigation matters. These meeting would include the AG,

SG, and the CPC. He is hopeful that these meetings would happen early in the New

Year and that they would be able to piggy back on one of the meetings that the DGO

usually have with PSs to ensure that they are all on the same page in the interest of the

Territory.

337. Further, the AG stated that in relation to other things they have been doing in terms of

the physical resources in chambers, they have been trying to make improvements.

Currently, there is a contractor working on the Chamber Library and he (AG) was

assured that by February 2013 the library would be completed, fully operational and

available for use by the staff, Members of the Honourable House as well as members

of the Public. The Chambers would be able to centralise how they deal with their

online resources and what they pay for. Currently, the Chambers relies heavily on

online resources, however, they have to reexamine those to ensure that they are

receiving what they are paying for and therefore try to reduce cost. As of this

meeting he sought to get an audience with Lexis Nexis who the Chambers has had an

ongoing subscription, with a view to reducing what the Chambers currently pay in

terms of the number of slots.

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338. Another issue that would have risen is the lack of consolidation of laws. The AG

further stated that this may be well known to Members. The last consolidation

exercise was done in 1991 and since then there are lots of new and amended

legislations and that has created its own problems. Therefore, it is not possible for

Members or anyone to pickup any piece of volume and find the actual law. One must

pull information from various places and it can cause problems because there were

instances where, not only has bad advice been given, but decisions have been made as

a result. He is hoping to move forward with a new initiative that will begin early next

year and it will be announced. It is hoped that once that process is completed they

will be able to have the laws readily available by hard copy and electronically on a

subscription basis if advised. Once it is up and running it could be an income

generated source and will be self sustaining overtime. In addition, the Chambers is

seeking to improve the method by which they account for labour in the Chambers. If

they are coming to this Honourable House to seek finance, they should be able to

show value for what they are doing and the best way to show value is in a tangible

form. What the Chambers has done is implemented an invoicing system where

members of the Chambers would prepare weekly invoices with number of hours

effectively outlined at a rate that has been determined. Since it has been implemented

they have seen where they have produced more than twenty hours of billable work

through the Chambers at a value of just over seven million dollars. From the

Administrative side, this invoicing system was introduced in June 2012 and by

November 15 2012 the Administrative staff would have produced billable hours of

about nine thousand six hundred hours. The value ascribe to that is in the region of

over one hundred thousand dollars. This is an initiative they will be improving on

and it will continue into the New Year, this will demonstrate in a tangible way the

work and worth of the chambers.

339. In Chambers they also have a training and development programme that started with

in-house workshops which so far for legal staff included a “Legal Research and

Writing for the Legal Competitive Professional”. This involved three (3) contact days

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and individual meetings with Counsels that was led by Dr. Laten Jackson. He has

also presented on “Documenting the Agreement” which looked at some of the

fundamentals relating to the contracting process. There is also training on

“Constitutional Motion and Judicial Review: Preparation and Delivering Post

Judgment Action.” This training was facilitated by Mr. Gerard Farara, QC from the

private bar. “Looking at Best Practice in Civil and Commercial Litigation” was

facilitated by Mr. Sydney Bennet, QC, another training that was done in-house. The

last training for the year will look at matters in the Construction Industry, looking at

the contract processes and how disputes are best resolved in that arena. In addition,

there were persons being exposed to external conference etc. Training has not

stopped at the Legal staff; the Administrative staff has had training as well. Dr.

Jackson also facilitated a workshop on Legal Research Skills and training was also

done in “Paralegal Practices” for the admin staff by Mr. Jack Husbands. The training

initiatives have yielded good results and they will continue into the New Year 2013.

340. In addition to the foregoing, the Chambers has devised an individual mentorship

programme. Leading practitioners in the private bar have agreed to take individual

Counsel in Chambers under their wings to pass on some best practices in the legal

environment as well as general skills to improve person’s general outlook as it relates

to the practice of law. Through this and other processes including the programme he

devised with HLSCC concentration will be a supervisory skill in the legal

environment that would help people move to another level.

341. The Member for the First District stated that it is a massive outline of his plan. One

aspect that concerns him is the invoicing of service, if this transcends through the

entire service Public Officers may be unable to be paid and it could cause difficulties

within the Service. He asked in regards to matters going to court, how the rates of

those matters are being handled.

342. The AG stated that during the period the Chambers handled about thirteen (13) bills

and sixty four (64) litigations. He feels that they have been doing fairly well and have

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been able to manage the portfolio notwithstanding the limitations. They are

committed in Chambers and his philosophy is they are there to solve problems and

not to find problems where they may or may not exist.

343. The Member for the First District asked if the cases are being handled by the

Chambers at a more frequent pace.

344. The AG answered, the invoices are dummy invoices and go nowhere. The idea of the

billable invoices is to be able to track whether or not people are producing and be able

to deal with allocating resources. If there is no measurable system there is nothing

that one can do except guess work. To move to greater efficiency, they must ensure

that there are measurable systems in place.

345. The Member for the First District stated that if the billable invoices continues and one

is expected to do three or four times the amount of work then there could be questions

when the time comes for performance evaluations.

346. The AG stated that in terms of matters coming in Chambers in terms of how matters

are allocated in the Chambers, this system is clear and accounts for matters that are in

Chambers until they leave the Chambers. If there are concerns then there is a clear

line of authority that should be followed. There are no timed related matters in court

that they are having problems with at the moment.

347. The Member for the First District asked in terms of making the system more efficient,

what is the current process.

348. The AG answered that there is a portfolio relationship and if there is an issue then one

knows who to speak to. Based on the surveys feedback received, there are very few

instances of complaints and if there are complaints then they know who to speak to on

the matter directly.

349. The Member for the First District sought clarity on whether the Chambers is run

similar to the Finance Officers who are deployed to various Ministries.

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350. The AG answered yes and that the performance of the Chambers is assessed by

surveys conducted by various ministries.

351. The Member for the First District asked who completed the surveys.

352. The AG answered, they were sent to the PSs asking for comments and returned to the

Chambers.

353. The Member for the First District asked if a person’s name was included on the

survey.

354. The AG answered, the survey included among other things if they know who their

portfolio Counsel is, whether or not they are satisfied with timeliness or responses and

what are the complaints if there are any. Based on the responses the Chambers were

able to see what was happening. Persons have called him directly to ask about their

matters and he knows exactly within the Chambers, who he has to deal with.

355. The Member for the First District asked if the surveys were sent out only to the PSs or

other persons.

356. The AG answered that the focus of the Chambers is a client satisfaction focus. All

instructions from the Ministries would come through the PS. When a survey goes out

to the PS the Chambers cannot vouch for what goes on within that Ministry; however,

when a response is received from the PS it is assumed that response accurately

represents what is happening there. The responses from the Ministries have been very

positive.

357. The Member for the First District stated that he asked the questions because it has

been a growing concern within Government over the years and from his

understanding the AG has fixed the matter.

358. The AG stated that they are in the process of making things better.

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359. Territorial at Member Archibald C. Christian enquired who the clients for the

Chambers are.

360. The AG answered that the Chambers clients are the Government including the various

ministries who gave them instructions from time to time. He is principle advisor to

the Governor and Government so he has two clients.

361. Territorial Member Archibald C. Christian asked if the Chambers clients do not

include the private sector.

362. The AG answered no they do not represent the private sector.

363. Territorial Member Archibald C. Christian asked, if in the cases of turnaround time, if

the MNR&L is client of the Chambers.

364. The AG answered that the MNR&L would be an arm of their client, which is the

Government.

365. Territorial Member Archibald C. Christian asked what is the turnaround time for the

Chambers to respond to the MNR&L with respect to a non-belongers license

application.

366. The AG answered there is no fix time and it depends on the nature of the matter.

There are some matters that go over quickly and there are others for one reason or the

other may take longer periods. However, there has been general satisfaction being

expressed from the MNR&L in regards to the work being done and the rate of return.

367. The Member for the Fifth District asked if there are any circumstances in regards to

whether members of the public could be advised by the Chambers.

368. The AG answered no. He instructed Counsels within the Chambers to refer members

of the public to their private attorneys.

Page 98 of 330

369. The AG stated that there are matters where there are questions of public interest that

might arise and different considerations may apply in those instances. However, the

rules and responsibilities of the Chambers are very clear that they are legal advisors to

the Governor and the Government. He further stated that members of the public may

at times have a conflicting claim against the Government.

370. The Member for the Second District asked if there would be a conflict of interest

having Counsels of the AG Chambers placed on jobs to shadow members of the legal

fraternity from the private bar.

371. The AG stated that they are currently having training sessions that have involved

members of the private bar. What they are looking at is a situation where questions of

ethical conduct and best practices are passed on. From his experience working in the

private sector there are best practices to how things are done more efficiently to get

things done. He feels that that is how people are developed best since they are able to

be mentored. They are not looking to be mentored in dealing with matters that

Counsels have a conflict with; but passing on general tips, skills and to assist Counsel

to grow and develop as a person and grow more confidently within their practice.

Members of the private bar are keen to help Counsels develop as they are keen to

develop themselves. The Chambers is encouraging sharing of experiences. However,

in the whole experience there will be no sharing of client information because that is

not the intention. The nature of what is happening will not be centered on that. The

Chambers is very careful of the type of persons they chose to offer assistance to the

Counsels. As lawyers they are not discipline of constant learning it is ongoing

training and development.

372. The Member for the Eighth District asked about the possibility of working with other

Statutory Bodies as it relate to consolidating the use of technology the tools (Lexis

Nexis etc.) mentioned previously as a cost saving measure.

373. The AG stated that it has been explored. However, once the library is up and running

they hope to centralise legal resources through the library. After having discussions

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with Lexis Nexis he realises that they are paying for thirty three (33) passwords which

is far more than is needed. If properly centralised, they will only need three or four

passwords. The cost paid to Lexis Nexis in 2011 was approximately $25,000 sterling

which is almost $50,000. He suggests that if they are to properly centralise and

rationalise the number of passwords that amount could be reduced by one quarter.

The Lexis Nexis subscription would not be renewed until he discusses with them how

they are best able to establish a package that suits the Chambers. He feels that

through proper negotiations they should be able to get the 25.00 sterling moved closer

to 5,000 sterling. If there is a proper library in place that could be a negotiating arm

for dealing with the entities. The negotiating arm is something that must be put in

place urgently and by the time he reports back to this Honourable House he will not

be having this conversation about how best to save cost in that area.

374. The Member for the Eighth District stated that he heard the AG is saying but he feels

it would be worthwhile if there is a discussion between the various Government

agencies entities so that they could go to Lexis Nexis. Essentially the monies are

government resources and they should find ways to cut cost in this area. If there are

no legal impediments to having discussions with all the Statutory Bodies, then it

should be done because the TRC, FSC, and Social Security Board uses all those

resources.

375. The AG stated that he is not sure if they are speaking of the same things because it is

not like World Compliance etc, it is simply a legal database. Once the structure is in

place they will have that dialogue on how best to move forward in a cost saving way.

It is the Chambers intention to try and save as much as possible.

376. The Member for the Eighth District stated that from his initial assessment he is seeing

the costing to Government upwards of one million dollars with all the different

resources. These can be cut significantly if they work together to make it happen.

377. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 100 of 330

HEAD 2118 POLICE

Present:

Mr. David Morris Ag. Commissioner of Police (COP), Royal Virgin

Islands Police Force

Mr. David Archer Permanent Secretary, DGO (PSDGO)

Mrs. Kara Penn-Stoutt Finance and Planning Officer, DGO (FPODGO)

Ms. Gail Wheatley Business Support Director (BSD)

378. The Chairman welcomed the Acting Commissioner of Police and his team and asked

them to state their names to which they complied.

379. The AgCoP referred to the report in regards to the Royal Virgin Islands Police Force,

RVIPF performance and where they are at this time in 2012. He further stated that he

would like to draw attention to some challenges of the Department in 2012 in terms of

meeting annual plan. The annual plan was centered on developing the

neighbourhood police and mobile putting Police around the Community to raise the

trust and confidence and assurance. This has been slow mainly due to resource issues

in terms of meeting the commitment in that area.

380. He further stated that the second challenge in 2012 centered on the CCTV. The

Police Control Room is up and running; but there were difficulties in relation to (1)

waiting for the Legislations to be passed so that the CCTV could be used for

evidential purposes, (2) staffing the Control Room to monitor the CCTVs and (3) the

in-operation of the Police Aircraft that is not air worthy; but is currently up for sale.

This raises issues of security around the Territory where they rely on the Marine Unit,

Customs and support from other agencies from other Countries.

Page 101 of 330

381. The Territorial Member Archibald C. Christian asked if the position of Business

Support Director within the RVIP is a fairly new post and further asked if the duties

entails being the Human Resources Manager, Financial Comptroller and Facilities.

382. The BSD stated that she is responsible for oversight for the aforementioned areas.

383. The Territorial Member Archibald C. Christian asked the BSD if she was overworked

or under worked.

384. The BSD answered that the position is challenging; but she enjoys the work and the

challenges that it poses.

385. The Territorial Member Archibald C. Christian asked if there are any buyers for the

Police Aircraft.

386. The AgCoP answered that there is a Broker in the USA who is acting on behalf of the

RVIPF. The aircraft is valued at $80,000 as it is and there was an offer of $55,000.00

to date. However, there is a possibility of another offer and they are waiting to see

what that offer will be before they write to the FS to inform him of the offers.

387. The Territorial Member Archibald C. Christian enquired about the whereabouts of the

aircraft asked if the aircraft and is in the Territory.

388. The AgCoP stated that it is currently based in Miami.

389. The Territorial Member Archibald C. Christian asked if the size of the RVIPF has

increased over the last year and if it increased by how many Officers.

390. The AgCoP answered that in terms of the RVIPF, establishment for Officers in the

Force is currently two hundred and twenty six; their strength is two hundred and nine,

and seventeen vacancies. Of the seventeen vacancies on current establishment one is

the Assistant Commissioner post that will be abolished. Four of the vacancies are for

Chief Inspector level, but they are considering UN-establish those four posts and the

remainder is eleven Constable Posts. They are currently going through a recruitment

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process as they have been doing all year and have had three recruits who did their

training in Barbados and are currently back with the force. There are five recruits to

be sworn in and will be sent on training at the end of the year. Three transferees

joined from other forces and another three transferees awaiting background checks. It

is hoped that by the end of 2012 they would have recruited seventeen Officers. In

addition, during 2012 they brought in four Officers on contract who possess specialty

skills. Having said that, they anticipate nine officers retiring at the end of this year

and another six officers retiring next year. As officers are being brought into the

Force there are officers who are being retired because they have reached the end of

their service so it’s a continual fluid movement.

391. He further stated that last year 2011 they attended the job fair and had thirty two

approaches and contacted all of them to ensure that they submitted applications. Out

of the thirty two only eight applied to join the force; but by the end of the recruitment

process only one was recruited. The other two that were recruited were through local

application processes as well.

392. The Territorial Member Archibald C. Christian thanked the AgCoP for his response

and stated that it is a loaded answer. He further stated that in looking back at the

figures in 2011 and there were 225 Officers with strength of 209 and asked if the

force didn’t gain Officers in 2012.

393. The AgCoP stated that the actual Officers that they put on the street are a total of six

which are three transferees and three recruited. The others are going through the

process with five to be sworn in and brought in now; but on the back end there were

three Officers who retired and the other vacancies last year were for Chief Inspector,

Inspector and Sergeant level which are as a result of the promotions this year has

created the vacancies at Constable level which they are trying to fill. So they are

almost at as standstill because as they are bringing people in and promoting people it

is causing vacancies at the Constable level.

Page 103 of 330

394. The Territorial Member Archibald C. Christian asked if it is fair for him to assume

that the AgCoP is personally involved in the recruitment process.

395. The AgCoP asked for clarity on the term ‘personally involved’.

396. The Territorial Member Archibald C. Christian asked if he is involved in the

recruitment process as the AgCoP.

397. The AgCoP stated that during the final interviews either he or the AgDCoP would

chair the final interviews for the recruits.

398. The Territorial Member Archibald C. Christian asked the AgCoP what challenges he

sees in terms of getting local BVIslanders or Belongers recruited into the Force.

399. The AgCoP answered that the issue for them is the exam where they must meet the

English, Math and general knowledge tests. They have reviewed the entrance exam

and feels that it is fair. The recruits for this year are all local recruits. The other issue

is in the interview process where recruits are asked questions in relation to their

knowledge of the RVIPF and court processes, it is obvious that a number of recruits

does not do their research. The questions are general questions such as ‘why do you

want to be a Police Officer’ and their answers are not about how they want to serve

the Community.

400. The Territorial Member Archibald C. Christian asked if information is disseminated

to potential recruits prior to them going through this exercise.

401. The AgCoP answered that there is a positive action process in terms of a phone call

thus the purpose for the first interview with a Superintendent, Sergeant or Inspector so

they could understand the type of interview process they will be going through; but

sometimes it does not work. Part of the process this year is to have Officers go into

the schools to try to break down the barriers between the RVIPFD and the local

youths to start to encourage them to apply and to speak to them about what it means

to be a Police Officer.

Page 104 of 330

402. Another issue is a number of people enquiring to join the RVIPF to become

CSI/Investigators. A lot of young people do not understand that they have to be

Constables working on the streets first and then move on in terms of promotions.

403. The Member for the Fifth District sought clarity on the AgCoP mentioning about the

four Inspector post to be disestablished.

404. The AgCoP stated that currently there are ten Chief Inspector posts, in an effort to

increase the Constables what their concern are is to UN-establish four Chief Inspector

posts and use the funding to fund more Constables. What they are receiving from the

Community meetings is that the community wants to see more Officers on the street,

engaged in the schools and more visibility. The restructuring actually shows Six

Chief Inspectors, twenty four Inspectors, forty two Sergeants and one hundred fifty

five Constables which is an increase from one hundred forty one which is to be

funded by reducing the layers of Management.

405. The Member for the Fifth District stated that it is puzzling because one would think

that the Constables are aspiring to become Inspectors. She further stated that she

appreciates the need for more Constables and asked if reducing the Inspector posts is

the best option.

406. The AgCoP answered that it is not about sacrificing the posts; but it’s about making

sure that there are sufficient management levels to manage staff and sufficient officers

to deliver the service. In terms of the Inspector posts, currently there are twenty five

Inspectors that will be reduced by one Inspector and the Chief Inspector posts will be

reduced by four. In terms of upward mobility, in any organisation there are going to

be three ports because of retirements and next year they anticipate nine Officers

retiring at various ranks and it allows for people to move in terms of upward mobility.

407. He further stated that there are lateral developments in terms of Specialist posts

because not all Constables want to be an Inspector or Chief Inspector they are also

Page 105 of 330

looking to be transferred to CID. However, like any organization you will get people

moving through while others will have to wait.

408. The Member for the Fifth District asked how many of the Officers retiring are

Constables.

409. The AgCoP answered that there are no Constables retiring; however, there are three

Sergeants, three Inspectors, two Chief Inspectors and the Commissioner retiring.

410. The Territorial Member Archibald C. Christian asked if there are still challenges in

regards to foot patrol or visibility in Road Town especially in the evenings or at night.

411. The Territorial Member Archibald C. Christian referred to the term used by the

AgCoP ‘modernizing the Police Force’ and stated that the fact that new recruits have

the CSI mentality should be telling him that everyone does not want to be a

Constable; but wants to serve in a specialised area of the Police Force and maybe the

whole philosophy of the Police Force needs to be reevaluated.

412. The AgCoP stated that to understand the business and before you could specialise you

need to know what the business is. He is a great believer that anyone joining the

Police Force need to understand from the ground level and before you specialise you

need to understand who the customer is and that is the community.

413. The Member for the First District stated that he appreciates the efforts of the AgCoP

and once he keeps lobbying Cabinet they will move to address the needs of the

RVIPF.

414. The AgCoP referred to the Budget for 2013 and asked if he could raise a few points.

He stated that they made a submission for Office rent which is understated by

$53,900 and they are asking to transfer $49,000 from Subhead 523150 – Software

into the Office Rental budget and transfer a further $4,900 from Subhead 524199 –

Other Minor Repairs and Maintenance into Office Rent

Page 106 of 330

415. The Member for the First District suggested that funding from the sale of the Police

Aircraft could go towards the Office Rental budget unless they are going to get a new

plane that cost significantly more.

416. The AgCoP stated that the cost of a new plane is $2,088,750 plus there is a bid in

Capital development of a new Road Town Police Station that was recently approved

through Cabinet of $22,795,500. The dredging of the sea bed around the Police

Marine Base for $85,000 it is not just for Police use but for Customs as well. They

have sought funding bids for the new Capital initiatives.

417. He further stated that he would like to raise the point of the “Justice Protection Act”

which has been passed through Legislations and creates two new posts. It is centered

on protecting the witnesses and it creates a Director of Administration it is under the

Governor’s Group and it is supported by the new established Sergeant post that is

responsible for the actual deployment of witness protection. The setting up of that

unit and staffing comes to $168,375 for the 2013 budget. $24,040 of that is Capital

the remainder is recurrent budget. He further stated that he seeks for that funding to

be approved either through the vote or Deputy Governor’s area.

418. Another area the AgCoP would like to raise is the matter of the CCTV there are

currently sixteen CCTV deployed throughout the Territory and they are in the process

of signing contracts to deploy another thirteen and is seeking funding for the new

thirteen cameras to be installed. Due to delays in having the contract signed they may

not be installed within this financial year. They are seeking to have the $120,000

within their budget to be carried forward to 2013. The cost of the cameras could be

met if the contracts are sign this year.

419. New initiatives for 2013 came to a total of $1,031,610. $553,040 of that was for

personal emoluments for vacancies that they are hoping to fill next year which is the

fifteen Constable posts and an Inspector post for Crime Scene Management. The

remaining budgets, of which one is $57,000 which is to provide Psychological

services to support the Officers within the Force. They need to debrief Officers at the

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end of critical incidents and screen Officers who are going into tactical firearms teams

and working in serious firearms unit. They are considering put on retainer some

sought of Psychological service for the force that goes back to their health and

welfare.

420. He further added that they are asking for S109, 920 in the recurrent budget for the

maintenance of the CCTV cameras. It is new money for the new initiative. With the

Police Control room up and running again to keep replacement of the monitors etc

they are looking for recurrent budget of $20,000 per year to maintain the control room

in terms of its equipment. They have done a review of their fleet as was suggested at

the last Standing Finance in terms of standardizing the fleet. At this time there are ten

vehicles that are over ten years old that needs to be replaced.

421. In terms of their bid for the Capital projects, they are asking for recurrent cost and if

they receive the money for the aircraft they are seeking to have $851,093 for staffing,

utilities and supplies for the aircraft. A budget bid for taser handguns for 2013 for

$65,000 but to support the maintenance they would be looking for recurrent budget in

2014 of $9,000. In regards to the live scan, they are looking to deploy into Virgin

Gorda $30,000, $10,000 recurrent budget to support all that and for the generator they

are looking to include back office servers to support the control room or $2,000

recurrent cost.

422. The Member for the First District suggested that the mentioned request to go the

National Security Council and that Cabinet should approve $2mil or what could be

afforded and have a draw down through Cabinet that would make it flexible between

Cabinet and National Security Council as needed so that the Police could have as

much as they would need in a more timely manner given the situations that we are

facing with crime. He further stated that it is just a suggestion rather than being

bogged down with this process.

Page 108 of 330

423. Territorial Member Archibald C. Christian enquired about the derelict vehicles at the

Police Marine Base and asked, what are the plans for those vehicles and boats in that

area.

424. The AgCoP answered that the Police maintenance unit is also at the Marine Base and

vehicles and boats are the subject of police investigations and once trials are

completed and the judicial process is completed if they want to confiscate the vehicles

and vessels because they have been the subject of criminality they go forth through a

confiscation hearing and if the court approves the confiscation then the vehicles and

vessels are auctioned through Procurement Unit and the funding goes into the

Consolidated Fund. There are also police vehicles there that are subject to repair

waiting for parts etc., vehicles that have been the subject of road traffic accidents. If

they are not auctioned they are boarded for scrap.

425. The Member for the First District asked if the AgCoP list of initiatives has been

noted since he did not hear any feedback.

426. The Premier stated that the Commissioner has kept them up to date on this and there

are things which are necessary for the continued development of the Police Force.

427. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 109 of 330

HEAD 2119 LAW REFORM COMMISSION

Present:

Dr. Christopher Malcolm - Attorney General (AG)

Mr. David Archer - Permanent Secretary, DGO (PSDGO)

Mrs. Kara Penn-Stoutt - Finance and Planning Officer, DGO (FPODGO)

Mrs. Layla Jones - Senior Administrative Officer, LRC (SAOLRC)

428. The Chairman welcomed the Attorney General and his team and asked them to state

their names to which they complied.

429. The Member for the First District enquired about the mandate for the Law Reform

Commission (LRC) given that the former Chairman has left the service.

430. The AG answered that while the Law Reform Commissioner has left, the Law

Reform Commission is still a valid entity. There are staff members who are still

attached to the Commission. Perhaps the question now to be answered is what

happens now in relation to the Commission and the staff going forward. He further

stated that he previously mentioned that one of the initiatives that they expect to be

dealing with very soon is the consolidation and revision of the Law. One of the

things that has been determined under that project is the staff will effectively have

their attention focused on this initiative to get the consolidation exercise going. It is a

process that is well in train and at an appropriate juncture and is sure that an

announcement will be made.

431. He further stated that on the 27th and 28th November 2012 there will be a meeting to

look at some logistic issues in regards to the consolidation exercise they are to

undertake. The current staffs of the Commission are currently doing preparatory

work, compiling data so that the process could be done quickly, smoothly and with

the least cost as possible to Government. It is ordinarily an expensive exercise

Page 110 of 330

especially when you look at the fact that one was not done since 1991. What they are

looking at is to consolidate and have consequential revision in the range of 20,000

pages of laws. It is a lot of work and they have already had activity relating to that.

The SAO has had special exposure to the Law Revision Center in Anguilla to learn

some of the techniques that are going to be used in this exercise going forward. He

further stated that they should be having further dialogue with FSC during the coming

week. As they move the process further, there are some interim sweeps that must be

considered. For example, sweeps relating to the Financial Services Laws,

Immigration and Nationality and the Criminal Code. They will be looked at as

interim measures taking in addition to the overall exercise, which in the normal

course of things when properly done could take three or four years. They are hoping

and expecting that once it is up and running there will at least be a working document

before the end of 2013.

432. The Member for the First District sought clarity about the compilation of the laws and

the lawyer who was performing the duties. He further sought clarity on the

preliminary work that the staff could do with the laws in the absence of a Chairman.

433. The AG stated that there are two different processes. There are Lawyers still

employed at the LRC. There are currently two (2) Lawyers currently employed at the

LRC, one will be leaving at the end of November 2012. Law Reform and Law

Revision are two different things. For example the Criminal Code has had several

amends overtime, the consolidation effort is intended to bring all the amendments

together in single piece of law and do consequential amendments to sections of laws.

There will be consultants coming into the Territory to assist with the process.

434. The Member for the First District stated that he is concerned about the occupation of

the staff. If the process is going to take some time to start, then the current staff at

LRC could be dispersed through Government

435. The AG answered that the staff is currently performing duties towards the

consolidation process. They anticipate that the process is going to begin sooner rather

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than later. There is preliminary work that is ongoing now that will assist the process.

There will be dialogue to determine logistic things such as how the page appears and

whether there should be head or side notes and what the content of consequential law

revision act should be if one is needed. Once those logistics are completed and the

funding issue determine then the full scale work begins and in the interim there are

significant work ongoing.

436. The Member for the First District stated that he does not want to imply that the staff is

sitting idle. He wanted to understand the difference between what the Lawyers are

expected to do versus the administrative staff.

437. The AG stated the revision and consolidation are distinct from reform. Law Reform

involves a comprehensive examination of the legal infrastructure where suggestions

are made for new laws to be implemented or significant changes to be made to the

law to bring in line with new case laws or new policies. The revision and

consolidation exercise is a compilation of the various pieces of laws into a body that

is easily recognisable. There is also consequential revision that must be done for

example there may be old laws that contained Executive Council which now needs to

be changed to Cabinet and those are the sort of things done under regular revision

exercises which is important; but not as fundamental as an overall reform activity

would be.

438. The Member for the Second District asked if the full complement of staff is in place

with the exception of the former Chairman.

439. The AG answered no. The Chairman position is vacant; the Senior Legislative

Counsel position will be vacant as of 1st December 2012. There is a vacant Clerical

Trainee/Messenger position; but outside of those the complement is in place.

440. The Member for the Second District asked who would have the legal knowledge to

conduct the revision of the laws the AG mentioned.

Page 112 of 330

441. The AG stated that now is not the time for him to speak about it; but there is an

exercise in train that would be centered in Chambers through the Attorney General.

There are aspects of the process that the former Law Reform Chairman would be

assisting with given his own institutional knowledge.

442. The Chairman sought clarity in relation to the post of Senior Legislative Counsel.

443. The AG stated that the Senior Legislative Counsel position will become vacant as of

1st December 2012. The post of Legislative Counsel is filled and her role will be

absorbed significantly in this exercise going forward.

444. Territorial Member, Archibald C. Christian referred to Subheads 511200 and

511210 and asked what the reduction in the amount reflects.

445. The AG answered that they reflects the fact that the Law Reform Chairman is no

longer employed and the Senior Legislative Counsel will not be paid as of 1st

December 2012.

446. The Chairman thanked the panel for answering the questions asked by the Members.

Page 113 of 330

HEAD 2220 PREMIERS OFFICE

Present:

Mrs. Rosalie Adams Permanent Secretary, Premier’s Office (PSPO)

Mrs. Elvia Smith-Maduro Assistant Secretary Premier’s Office (ASPO)

Mr. Jamal Jones Finance and Planning Officer, Premier’s Office

(FPOPO)

447. The Chairman welcomed the team to the Standing Finance Committee Deliberations

and asked them to state their name, positions, and department they represented to

which the complied.

448. The Chairman asked the PS if there was a brief introduction and remarks to be made

before questioning.

449. The PS stated that she did not have a presentation but say that the Premier’s Office

being cognisant of the different initiatives that the Premier is willing to undertake

during the 3 year process, they are working steadfastly engaged in their strategic plans

to meet his objectives and that of the Department and also cognizant of the fact of the

economic times and are very willing to do the things that are necessary to assist this

Government moving forward.

450. The Member for the First District enquired about the National Addressing System.

451. The PS stated that the National Addressing System seeks to number houses and

properties, assigning street numbers to properties and further stated that that initiative

started in the Road Town area. She continued that at this time it is a matter of

continuing to assign those numbers to the various houses, residences and businesses

in the town area with the hope that it will extend throughout the entire BVI. She

added that it is managed through the Town and Country Planning Department but that

the Ministry has overall supervision of the subject.

Page 114 of 330

452. The Minister for Health and Social Development enquired regarding Subhead 551000

Grants.

453. The PS explained that included in that amount is the 9 million for the Tourist Board,

there is also a number of regional organisations that get various disbursements in

quarterly subventions during the year. She added that the Ministry was also seeking to

assist Prospect Reef with a face lift.

454. The Minister for Health and Social Development enquired why Assistance Grants

was - Subhead 572000 went from $150,000 to $685,000.

455. The PS explained that under the new budget the monies have been shifted to specific

heads. She added that no longer can a Department/Ministry just have a large sum of

money sitting in a particular head and disbursing it at will. So it would be found that

over the entire Heads, monies have either gone up or down but the entire amount that

the Ministry would get is now placed in specific Heads so they can account properly

for how the monies are being disbursed.

456. The Minister for Health and Social Development noted that most of the money was in

Subhead 572250 - Other Individual Assistance Grants on page 202 and enquired

whether it was the for the music festival.

457. The PS stated that it was and explained that it has now become a disbursement of

$50,000 from Premier’s Office and it is possible that they might get some other funds

from other sources.

458. The Minister for Health and Social Development stated that he wondered whether the

FS could say where you would see a breakdown of Subhead 572250 – Other

Individual Assistance Grants.

459. The FS stated that the Premier’s Office would have to give the breakdown. He added

that there is a shifting around but the aggregate figure remained the same. He

explained that is a shifting around because of the various classifications but advised

Page 115 of 330

that the Premier’s Office would be responsible for giving a breakdown of exactly how

those were spent in 2012.

460. The Minister for Education and Culture noted that 9.7 million was for the Tourist

Board and enquired how it was going to work.

461. The PS explained that the 9.7 million for the Tourist Board is the initial amount that

the Tourist Board, if approved, is presently able to utilise for the marketing and all the

various activities of the Board. She added that however, if the Board is able to satisfy

the Minister of Finance that additional funds is needed which they can justify and

funds can be made available, then the Tourist Board would approach the Ministry and

make a request. The PS continued that the funds are what they are expected to run the

entire Board with for 2013.

462. The Minister for Education and Culture stated that the operating expenses for the

Tourist Board is 8 million dollars and it is clear that the Tourist Board is going to

need more money.

463. The PS confirmed that it was her belief that the statement made by the Minister for

Education and Culture was true, but stated that presently, this is what it is thought that

the overall estimate can allow. She reiterated that in the event the Tourist Board is

able to justify to the Premier why they need the additional funds, then that submission

is taken into account to move forward.

464. The Leader of the Opposition commented that the programme he heard annunciated

on Budget Day and again being broadcasted signifies that the Minister of Tourism has

an elaborate programme. He added that he does not see how the Minister of Tourism

is going to be, as it were, as Minister of Finance, “begging” the Financial Secretary

for money. He noted that the Minister of Tourism must be able to have some freedom,

not overspending, but will obviously have to find cases where some Departments will

have to give up some in order to push the tourism sector.

465. The Premier thanked the Leader of the Opposition for his comments.

Page 116 of 330

466. The Leader of the Opposition enquired about Subhead 571120 – Rent of Land.

467. The PS stated that the item had been moved to the Ministry of Education and Culture.

She explained that it was for the lease of the land at the racetrack, but with the

Recreation Trust in charge of that, the Ministry of Education were now responsible

and therefore the monies would have been moved to that Ministry.

468. The Chairman thanked the panel for answering the questions asked by the Members.

Page 117 of 330

HEAD 2221 BVI SHIPPING REGISTRY

Present:

Mrs. Rosalie Adams Permanent Secretary Premier’s Office (PSPO)

Mr. John Samuels Director of BVI Shipping Registry (DBVISR)

Mr. Jamaal Jones Finance Officer Premier’s Office (FOPO)

469. The Chairman welcomed the Director of the Virgin Islands Shipping Registry and

asked him to state his name, position and agency being represented for the record to

which he complied.

470. The DBVISR informed the Committee that the Virgin Islands Shipping Registry is a

department under the Premier’s Office. He added that the Shipping Registry is made

up of two distinct and separate operations; a small regulatory function, which deals

with the safety of local vessels and craft and the bulk of the shipping Registry, the

commercial end, which is the business of ship registration which primarily involves

services related to documentation and certification of ships. He also informed that the

Registry was upgraded to a category I registry in 2008.

471. The DBVISR stated that the Registry is monitored by the UK Maritime and Coast

Guard Agency, the MCA and the standards of the Registry are governed as a part of

the Red Enzyme Group. He informed that the Shipping Registry exist as a Category I

Registry under a memorandum of understanding with the UK Maritime and Coast

Guard Agency and is currently restricted to yachts less than 3,000 tons and general

cargo ships.

472. The Member for the First District congratulated the DBVISR on his new appointment

and added that he thought it to be well deserved. He enquired with regards to revenue

whether upgrading to a Category I status has helped to increase revenue to the

Shipping Registry and in turn the Government of the Virgin Islands.

Page 118 of 330

473. The DBVISR stated that it did increase revenue to the Shipping Registry and the

Territory but there was also additional cost involved in going to Category I. He added

that the additional revenue has not to date offset the additional cost.

474. The Member for the First District enquired what would be required in order to be able

to register larger tons, whether yachts or major ships.

475. The DBVISR stated that in order to have what would be an unlimited register, the

Shipping Registry would need to satisfy the technical staffing requirements of the

Shipping Registry, primarily the engagement of the requisite surveyors and to satisfy

the UK and the UKMCA that the Shipping Registry has the financial support in order

to effect the requirements of a full category I registry. He added that once those

requirements could be satisfied, it would be a matter of a request to have the

restriction removed.

476. The Member for the First District asked the DBVISR whether he foresees that once

the Shipping Registry reaches to the other level if it would generate revenue.

477. The DBVISR stated that he is confident that if the Registry is properly funded and

properly established and becomes a full category I it can indeed in the short term

cover its own cost, and in the long term contribute additional revenue to the

Government.

478. Territorial Member Archibald C. Christian congratulated the Director on his

appointment to the Shipping Registry and stated that he believes that he is capable of

performing the task that is ahead of him. He added that he looks forward to seeing

some improvements and some strides being made with the Shipping Industry as it has

become a very important part of the development of our territory.

479. He stated that he, among other Members had concerns regarding the derelict boats in

the territory, specifically Baughers Bay and Sophers Hole and is mindful that there

are certain impediments in the way. The Territorial Member enquired from the

DBVISR whether going forward in his strategic plan for 2013 if there is going to be

Page 119 of 330

any attempts made to ensure that proper legislation is brought forward so that the

removal of the boats can be advanced.

480. The DBVISR stated that he had written to the Attorney General for advice on this

particular matter because there are two sets of legislation in the Virgin Islands that

deals with this type of situation. He informed that one set is in the Merchant Shipping

Act which has to be executed by the Receiver of Wrecks, who is the Director of

Shipping. He added that the other section of legislation which is also under the

Merchant Shipping Act empowers the Ports Authority to act within harbours. He

stated that his understanding of this situation is that it has been debated for some

years now whether the Ports should act or the Director of Shipping should act. He

added that he had his own view on it and wrote to the Attorney General on the matter

and received a response which essentially confirmed that the best agency to act on

this matter is the BVI Ports Authority because the empowerment under the legislation

has less potential liability issues attached.

481. The Leader of the Opposition asked whether it was possible to tell mega yachts from

around those nations around Russia, how many of them had been coming to the

Territory recently.

482. The DBVISR stated that he would not be in a position to answer that question

because statistics are not kept on visiting yachts.

483. The DBVISR stated that there are some issues of new spending request, some which

are critical to the advancement of the Shipping Registry and its success. He informed

that the Government has agreed to host the 2013 Red Enzyme Conference and a

request was put forward and Cabinet had approved $32,000 to host the conference.

He added that based on that approval, the Shipping Registry has made commitments

to host the conference and would need to be able to fulfill on that commitment. He

stated that one of the areas that the Registry sees as critical in being able to grow the

register is the establishment of a presence in the London Office. He informed that a

request for $50,000 was made under General Expenses to be able to set up in the

Page 120 of 330

London Office and to accommodate a staff member there. The DBVISR informed

that he met with the head of the London Office and the space is available there. He

communicated that another critical item would be the increase in the establishment of

a consultancy vote.

484. The DBVISR stated that he had a small staffing issue. He explained that there are two

Assistant Marine Officers who are temporary and it is his understanding that they

have been in this status for more than five years. He added that there had been many

requests made for the post to approve to have them confirmed. The DBVISR

explained that he had recently received permission from HR approving the two posts

and would appreciate very much the additional funding to be able to confirm the two

young men to their post.

485. The Premier informed the Committee that he has discussed the matters with the head

of the Shipping Registry and matters of the new positions will be discussed with the

Human Resources and with the Ministry of Finance and be taken forward. He added

that the question of having the Shipping Registry represented in the London Office

was also discussed. He disclosed that he have had these discussions over the past year

and thinks that it’s a good thing and will see how to accommodate them.

486. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 121 of 330

HEAD 2222 DEVELOPMENT PLANNING UNIT

Present:

Mrs. Rosalie Adams Permanent Secretary, Premier's Office (PSPO)

Mr. Raymond Phillips Director, Development Planning Unit

487. The Chairman welcomed the Director to the Standing Finance Committee

deliberations and asked him to introduce himself by stating his name, position, and

the agency being represented.

488. Territorial Member Archibald C. Christian asked for an update on the last census.

489. The DDPU informed that the census field activities had been completed from

approximately about July. He communicated that individuals were presently coding,

editing and correcting the questionnaires. He informed that quite a bit of questions on

the questionnaire were open-ended questions and as a result, has to be coded by

international standards. He reported that scanning of some documents had begun but

it would take a couple of months before any results would be given from the census.

490. Territorial Member Archibald C. Christian having gone through this exercise for a

population that is under 35,000 is it your opinion that we need to revisit the format the

way the census is being done.

491. The DPU explained that the issue with the census it that it has a lot of questions, 117

questions to be exact. He further explained that this is the only way to collect a wide

spectrum of data and by compromising on the size of the questionnaire will also mean

compromising on the type of information given to the public.

492. The Member for the First District commended the DDPU on the performance of his

Unit, as well as the expertise which the Director brings to the Unit. He further

commented that the DPPU is very knowledgeable in statistics, if not one of the best

both locally and regionally, and commended him for the work that he continues to do.

Page 122 of 330

493. The Member for the First District further stated that he too would have

preferred to see the census earlier but understands that the collection and processing

of the data as well as staffing issues in the Unit makes it humanly or statistically

impossible to get it out any faster.

494. The Chairman thanked the panel for answering the questions asked by the Members.

Page 123 of 330

HEAD 2223 IMMIGRATION DEPARTMENT

Present:

Mrs. Rosalie Adams Permanent Secretary, Premier’s Office (PSPO)

Mr. Dennis Jennings Chief Immigration Officer, Immigration

Department (CIO)

Ms. Kenneth Donovan Accounts Officer, (AO)

Mr. Jamal Jones Finance Officer, Premier’s Office (FOPO)

495. The Chairman welcomed the members from the Immigration Department and asked

that they state their names, positions and agency they represent for the record to

which they complied.

496. The CIO commented that the financial situation continues to be problematic. He

stated that if the Department was going to operate in a more efficient manner they

will need some funds in order to print the embarkation cards. He added that the cards

are very important to the country in that they help to collect data. The CIO informed

that presently the Department had been unable to purchase its last shipment because

the vote was completely depleted. He added that he hoped to get funding to enable

him to order the cards. He commented that presently the territory is in the heart of the

tourist season and carriers and agents had been calling for the cards.

497. The PS confirmed that last year the Immigration Department ran out of the cards and

in order to facilitate the Department, monies had to be found from some special

projects head to be able to order the current batch. She added that that was not

possible this year as the Ministry has been asked to put the money in specific areas

and was unable to find any new monies this year to assist them. She stressed that it is

very important that they get their monies in their own head so that the cards needed

could be ordered very early for 2013.

Page 124 of 330

498. The Minister for Education and Culture stated that there have been discussions for

some time about combining the Customs and Immigration Cards as a matter of cost

efficiency and in terms of convenience for persons who use the cards and asked what

has been the difficulty in getting that done.

499. The CIO stated that there were serious discussions that led to the embarkation card

being sent to Customs in order to have the card finalised but both Departments have

been unable to follow through on that.

500. The Minister for Education and Culture asked the PS whether she could say with any

certainty that when Standing Finance comes around next year, the Committee would

not have to go through this same discussion about these same cards. He commented

that unless he did not have a clear understanding of something, it seemed to be a

relatively simple exercise. He concluded that he did not understand why it was taking

so long.

501. The PS informed the Committee that she could not say with certainty what the

problem was but would endeavor to speak with the Financial Secretary and work on

the matters related with a view to report back as to what steps will be taken next.

502. The Leader of the Opposition asked who is responsible to make sure that there is

always a supply of cards, is there any officer designated for that purpose.

503. The CIO informed the Committee that the responsibility is that of the Accounts

Officer.

504. The Leader of the Opposition enquired if the completion of the card by visitors is

compulsory under law.

505. The CIO stated that the Leader of the Opposition is correct.

506. The Leader of the Opposition suggested that in light of the above, it would be

necessary to make sure that there is always a supply of cards.

Page 125 of 330

507. The CIO agreed and stated that all the necessary steps are put in place but funding

remains an issue.

508. The Minister for Education and Culture enquired about the backlog of persons

waiting to become Belongers etc. what is the status on that.

509. The CIO explained that the list is long list and there is a procedure to be followed in

dealing with Residency and Belonger Status. He further explained that the Board

must meet and make recommendations on the applications which in turn are

forwarded to Cabinet for further decision. He informed that the Board meets twice per

month and are not limited to just Belonger and Residency matters.

510. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 126 of 330

HEAD 2224 INFORMATION AND PUBLIC RELATIONS

Present:

Mrs. Rosalie Adams Permanent Secretary, Premier’s Office (PSPO)

Mrs. Elvia Smith-Maduro Assistant Secretary, Premier’s Office (ASPO)

Mrs. Vicky Samuel-Lettsome Ag. Chief Information Officer (Ag.CIO)

Mr. Jamal Jones Finance Officer, Premier’s Office (FOPO)

Mr. Creighton Brown Accounts Officer (AO)

511. The Chairman welcomed the group to the Standing Finance Committee deliberations

and asked the Members of the panel to introduce themselves by stating their name,

positions and department being represented.

512. The Ag.CIO communicated that one of the ultimate goals of any society is the

empowerment of all citizens through the use and accessibility to information. She

informed that being cognisant of that, the Department of Information and Public

Relations continues to be committed to its overall mission of being a high quality,

accurate and timely provider of Government Information to the public by using all

available forms of media. She added that as a public relations team, the Department

clearly understand their role with ensuring that democracy is sustained and that

Government is accountable and transparent in information delivery.

513. The Ag.CIO stated that personal emoluments had been cut by approximately 75

percent and GIS is short staffed and definitely would not be in a position to operate

efficiently if they do not have their human resources fully operational. The Ag.CIO

stated that the Department requested the purchase of a new vehicle. She informed that

the present vehicle is a 2000 Dodge Ram 1500 and has been in operable from April

2012. She added that the Department currently uses a vehicle from the Premier’s

Office fleet.

Page 127 of 330

514. The Ag.CIO also stated that Department needs to purchase accessories for a printer.

She informed that the Department is about to purchase an HP coloured LaserJet

Printer that is needed in the reprographic Unit of the Department. She added that the

accessories are needed so that the printer can perform such functions as collating,

folding, stapling, which is done manually.

515. The Ag.CIO informed the Committee that it is essential that funds are allotted to the

GIS production studio to purchase equipment that will keep them on the cutting edge

of technology with the upgrading of equipment and software. She added that

maintenance of current equipment is also a key issue as depreciation; wear and tear

has to be considered.

516. The Ag.CIO stated that for a while the Department, both graphics and production

Unit have been utilising computers that have affected their ability to assist with the

timely delivery of information. She added that IBM computers do not have

appropriate operating systems or capacity to carry the surmountable load of graphics

and video production and as a result, the Department would like to purchase Mac

Computers.

517. The Minister for Education commented that he thought that the Department had very

good staff that goes above and beyond.

518. Territorial Member Archibald C. Christian also commented that he would like to

commend the Department of Information and Public Relations for the work they have

been doing. He added that he see people dedicated and very hard working and would

like to make a plea to the Premier to make some provisions to provide the Department

with the vehicle requested.

519. He enquired from the Ag.CIO that in her presentation earlier she mentioned that

personal emoluments had been cut by 75%.

520. The Ag.CIO apologised and explained that it was $75,000.

Page 128 of 330

521. Territorial Member Archibald C. Christian enquired if the AgCIO was bilingual and

whether any consideration had been given to presenting the GIS programme in

Spanish as well.

522. The Ag.CIO stated that they haven’t.

523. Territorial Member Archibald C. Christian asked whether consideration has been

going forward given the fact that there is a large Spanish population.

524. The Ag.CIO stated that consideration can be given but that it would take more

resources.

525. The Member for the First District stated that he too wished to commend GIS as they

work very hard.

526. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 129 of 330

HEAD 2225 TOWN AND COUNTRY PLANNING

Present:

Mrs. Rosalie Adams Permanent Secretary, Premier’s Office (PSPO)

Mrs. Marva Titley-Smith Chief Planner, Town and Country Planning (CP)

Mrs. Elvia Smith-Maduro Assistant Secretary, Premier’s Office (ASPO)

Mr. Jamal Jones Finance Officer, Premier’s Office (FPOPO)

527. The Chairman welcomed the panel to the Standing Finance Committee Deliberations

and asked that they state their names, position and the department being represented.

528. Territorial Member Archibald C. Christian asked the CP what problems she was

encountered in getting the positions filled and whether it is that the requirements

don’t seem to be able to attract persons within the territory to those positions.

529. The CP noted that traditionally, it seemed as if the Department had not had a number

of persons pursuing planning studies. She observed that studies were more along the

line of architecture and engineering which are related fields but not necessarily

meeting the requirements of the Department. She expressed that there are difficulties

filling the post externally because of various views about filling the positions with

locals.

530. The Minister for Education and Culture enquired whether the Deputy was still here.

531. The CP responded that he was.

532. The Minister for Education and Culture asked the CP if she knew when his contract

expired.

533. The CP stated that she believed it was around June or July 2013.

534. The Minister for Education and Culture enquired whether TCP is looking for any

locals who could possibly fill that position.

Page 130 of 330

535. The CP emphasised that the TCP Department is always looking for locals to fill

planning posts, including the Deputy Chief Planner post.

536. The Minister for Education and Culture asked the CP whether she had been

successful in highlighting anybody who could fill that post when the time comes.

537. The CP informed the Committee that there are persons within the Department who

could be groomed to fill senior posts in the future.

538. The Minister for Education and Culture asked whether they were being groomed to

fill that position.

539. The CP stated that they have specifically identified two potential officers who can be

groomed to fill that particular post.

540. The Minister for Education and Culture asked the CP whether she give any thought to

a help desk at the Town and Country Planning Department, as it might be helpful to

the Department in terms of being able to assist persons who are having difficulties

with meeting the planning requirements and this would help to facilitate the process.

541. The Chief Planner noted that it is certainly one option to consider; however, she

added that she thinks the onus is on the professionals to meet the requirements. She

pointed out that what the Department found and have reported in Standing Finance

for the past two years is that there seems to be a lack of a desire to meet the planning

requirements on the first round and persons try to test the Planning Authority. She

concluded that she is uncertain whether a help desk would be particularly helpful but

it is an avenue that the Department can consider.

542. The Chairman thanked the panel for answering the questions asked by the Members.

Page 131 of 330

HEAD 2226 TRADE AND CONSUMER AFFAIRS

Present:

Mrs. Rosalie Adams Permanent Secretary

Mrs. Cynthia Hodge Consumer Officer, Department of Trade and

Consumer Affairs (CODTCA)

Mr. Jamal Jones Finance Officer

543. The Member for the Third District asked who the head of the Department was. The

Permanent Secretary, Premier’s Office (PSPO) advised that the Director of Trade was

the head of the department.

544. The Member for the Third District asked the name of the person. The PSPO informed

that Lizette George was the Director of Trade and Consumer Affairs.

545. The Member for the Third District noted that there was another person sitting in for

the Director.

546. The PSPO advised that Kevin Smith was that person and that he was away from the

Territory on official travel. She further explained that the Consumer Officer was

attending the proceedings to provide support.

547. The Member for the Third District asked if Mr. Smith was a Public Officer. The

PSPO advised that he was a contracted employee.

548. The Member for the Third District enquired whether a non-government worker could

appear before the Standing Finance Committee (SFC). The PSPO advised that the

individual along with their supervisor could attend.

549. The Member for the Third District asked who the Deputy Director was. The PSPO

informed the Committee that Mr. Maxwell George was approved as the new Deputy

Director.

Page 132 of 330

550. The Premier informed the Committee that the PSPO was filling in for the Director of

Trade and Consumer Affairs.

551. The Leader of the Opposition expressed that he saw no problem with the PSPO

coming before the SFC on behalf of the department. The Premier noted that he

agreed with the Leader of the Opposition.

552. The Member for the First District expressed that it was disrespectful for the Acting

Director of Trade and Consumer Affairs to not be in attendance. The PSPO informed

that because the Officer in charge was contractual, she was the Accounting Officer

and the one who signed all correspondences and documents on behalf of the

department.

553. The Member for the First District noted that it would be burdensome for the PSPO to

be involved in the day-to-day operations of the Department. He further expressed that

all acting officers should be present before the SFC.

554. The Premier informed the Committee that the solution to the issue was that he would

have the necessary Declaration prepared and signed and declare the PSPO as the

Accounting Officer for the department.

555. It was agreed that the Declaration would be prepared and thus the Chairman deferred

furthe questions and discussions pertaining to the Department until the declaration

was signed.

556. The Committee resumed the deliberation atfter the Declaration was signed and

continued with questions from Members to the panel which comprised of:

Mrs. Rosalie Adams Permanent Secretary PO

Mr. Jamal Jones Finance Officer PO

Page 133 of 330

557. The Member for the Third District asked why when a limited company applies for a

licence the Trade Department insists on putting an individual’s name on that trade

licence.

558. The PSPO stated that she is not aware that the department is insisting it may be a matter

of ignorance. It is certainly something that she could look into and ensure that it is

corrected.

559. The Member for the Third District stated that the reason he stated that the department is

insisting is because even to request to have the name removed is difficult. It cannot be

taken off.

560. The PSPO stated that she is not sure why it happens; however, she will look into it to

ensure that it is corrected.

561. Territorial Member Archibald C. Christian asked about the process when BVIslanders

apply for a trade licence to conduct business or trade. He further asked if a BVIslander

will have to go through the PO or will the licence be approved at the Trade Department.

562. The PSPO stated the Trade Department is able to issue such licences; however, if a non-

BVIslander is involved then the matter is referred to the PO.

563. The Member for the Eighth District asked if there is a process where the general public

can go to the Trade Department and do a search for trade licences.

564. The PSPO stated that they are in the process of completing a procedures manual and once

completed they will open the Trade Department to the wider public. At this time, one is

not able to walk in and obtain information readily. The Department has to ensure that

they are ready for persons to come in.

565. The Chairman thanked the panel for answering the questions asked by the Members.

Page 134 of 330

HEAD 2227 BVI INTERNATIONAL FINANCE CENTRE

Present:

Mrs. Rosalie Adams Permanent Secretary, Premier’s Office (PSPO)

Ms. Elise Donovan Executive Director, BVI International Finance

Centre (EDBVIFC)

Mr. Jamal Jones Finance and Planning Officer (FPOPO)

566. The Chairman welcomed the panel to the proceedings and asked if there was a

presentation. The Executive Director, BVI International Finance Centre (EDBVIIFC)

gave an overview of the department.

567. The Member for the Third District asked the EDBVIIFC to elaborate on her opinion

that the Territory was at a “crossroad”. The ECBVIIFC noted that there had not been

a decline of the Asian markets but that there was more competition. She therefore

advised that there needed to be more promotion in Asia for both Trust and Corporate

services. She also noted that the Territory was ranked as the most important

jurisdiction out of a total of twenty six (26) by Offshore (a publication), and that it

was also predicted that by the year 2020 there would be a decline. In conclusion, she

expressed that there was a great need to strengthen the Asian market in order to avoid

such a decline.

568. The Member for the Third District enquired if any other areas were being advocated.

The ECBVIIFC informed the Committee that arbitration, insolvency, and private jet

registration were being advocated as additional services to be provided by the

Territory.

569. The Member for the Third District wanted to know the size of the market for the

introduction of these new services. The ECBVIIFC advised that there was significant

increase in the private market in those areas and that by the end of 2013 arbitration

and private jet registration would be enacted in the Territory.

Page 135 of 330

570. The Member for the Third District noted that ten (10) years prior, there was

anticipation that there would have been an economic surge in the tens of millions of

dollars in revenue with shipping registry and that that had not happened. He wanted

to know what had gone wrong in that area. The ECBVIIFC advised that the Shipping

Registry should have presented a revitalisation plan for that area. She noted that

marketing shipping registry along with financial services was on the agenda for her

department.

571. The Member for the Third District asked if the International Finance Centre (IFC)

was responsible for marketing shipping registry. The EDBVIIFC informed that they

were not solely responsible but that they did so in conjunction with the Shipping

Registry Department.

572. The Premier expressed that he had the same concerns as the Member for the Third

District and noted that when he visited Monaco and met with captains and yacht

owners, the feedback he received showed that shipping registry was a viable market.

573. The Member for the Third District noted that there was not a problem with shipping

registry but that there was a problem with marketing. He further noted that it was an

area that needed to be seriously and actively pursued. The EDBVIIFC noted that

going directly to the ship yards and the airplane manufacturers was the key to more

access. She added that marketing shipping registry with sailing and joining forces

with the new facility on Virgin Gorda to attract more high-end clients was also

necessary.

574. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 136 of 330

HEAD 2228 BVI INTERNATIONAL AFFAIRS UNIT

Present:

Mrs. Rosalie Adams Permanent Secretary, Premier’s Office, (PSPO)

Mrs. Elvia Smith-Maduro Assistant Secretary, Premier’s Office (ASPO)

Ms. Sylvia Moses Ag. Director of International Affairs Secretariat

(Ag.DIAS)

575. The Chairman welcomed the members of the panel who joined and asked them to

introduce themselves by stating their names, positions and the agency being

represented to which they did.

576. The Minister for Health and Social Development enquired about the duties of the

Acting Director.

577. The Acting Director explained that as the Acting Director within the International

Affairs Secretariat, part of the mandate of the IAS as referred to, is to assist the

Premier’s Office with ensuring that the reputation of the BVI is maintained or intact

and to ensure that the international obligations are adhered to.

578. The Chairman thanked the panel for answering the questions asked by the Members.

Page 137 of 330

HEAD 2329 MINISTRY OF FINANCE

Present:

Mr. Neil Smith Financial Secretary (FS)

Mrs. Maria Thomas Finance and Planning Officer - Ministry of Finance

(FPOMOF)

579. The Chairman welcomed the panel to the deliberations and asked that they state their

names, positions and the department which they represented for the record to which

the panel complied.

580. The Member for the Second District asked the FS for a synopsis of the projects that

the Ministry would be starting or completing as the new legislation required the

restructuring of the Ministry for it to function adequately.

581. The FS informed the Committee that the focus of the Ministry over the coming years

would be based on financial management. He explained that there were some

concerns as it related to the overseas territories of the United Kingdom where during

this global and economic period not enough was being done to ensure that in the

medium to long term the micro states micro economies were sustainable. He informed

that the UK had been increasing pressure not only on the overseas territories but

throughout the world the concern as to how to maintain one’s economy in a manner

which allowed growth. The said concern was one for the Virgin Islands and in order

to better manage ourselves to maintain sustainability there were some financial

management principles that the Virgin Islands needed to adopt. The principles were

outlined in the protocols for effective financial management which dealt with medium

term planning, risk management and about five areas that would be reviewed.

Page 138 of 330

582. The FS further explained that in the Ministry within the coming 1-2 years he would

be seeking to ensure that the proper systems were implemented. He stated that in

order to do so one of the fundamental things the Ministry reviewed was their financial

management system. Currently the JD Edwards enterprise software was utilised

however the manner in which the software was being utilised posed some problems

and the Ministry started from scratch and a new charter of accounts which was based

on the GSF format which allowed them not only to see the financial information

better to be able to use the information for economic planning and forecasting. He

further stated that the new financial charter of accounts should maintain the

information in a clearer manner that would allow the department to see quickly the

fiscal picture as it had some operating principles and fiscal discipline and also to use

the information for macro fiscal analysis and forecasting.

583. The FS explained that programmes which would improve the standard of living of

persons in the territory and the programmes would have projects to serve the best

interest of people in the long term was to be developed. He further stated that as a

result of the new focus on financial management it was expected that the running of

the economy would be done more efficiently as well. In addition to give HOA

Members information more quickly and accurately tools would be in place to enable

the department to do things which they weren’t able to do before. One of the main

concerns for the Virgin Islands at present was the growth of the economy and two

things which arose from that concern was the status of the territory’s major airport

and also the status of the territory’s ports and as a result two major projects were

being undertaking which were the airport project expansion and the cruise pier

development.

Page 139 of 330

584. The Member for the Second District queried whether the department had sufficient

personnel in the Ministry to meet the required projection for which the new

environment under which the department was operating dictated.

585. The FS informed the Committee that yes, currently the department was meeting the

demands internally however they anticipated developing the personnel further to be

better equipped to operate in the new environment.

586. The Chairman thanked the panel for answering the questions asked by the Members.

Page 140 of 330

HEAD 2330 CUSTOMS

Present:

Mr. Neil Smith Financial Secretary, Ministry of Finance (FS)

Mr. Wade Smith Commissioner of Customs (COC)

Mr. Leslie Lettsome Deputy Commissioner of Customs (DCOC)

Mr. Clinton Romney Assistant Commissioner of Customs (AsstCOC)

Ms. Maria Thomas Finance and Planning Officer, Ministry of

Finance (FPO)

Mrs. Mareta Isles Administrative Officer (AO)

587. The Chairman welcomed the panel to the deliberations and asked that they state their

names, positions and the department which they represented for the record to which

the panel complied.

588. The CC outlined the departments operations for the past year. The CC explained that

some of the challenges the department faced was that of first time home builders,

merchant’s method of calculating duty and other concessions. The introduction of the

merchant’s method of calculating duty was challenging for the department thus far.

To date there were 186 registered merchants. The launching of the Customs

Automated Process System (CAPS) had to be delayed and changes to the said system

were costly hence there were improvising in the utilisation of the system and the new

customs declaration forms.

589. He explained that in addition to the new method of calculation of duty a heavy work

load was placed on the department’s internal audit team. He explained that the

additional workload placed on the department’s internal audit team was to review

calculate and prepare refunds for submission to Treasury Department. To date the

department would collect approximately the same revenue as the previous year. He

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stated that $437,000 had been offset and were not included in the figure for revenue

collection. He stated that revenue forgone was in excess of one million dollars and the

revenue that was forgone was as a result of calculating duty for merchants based on

the purchase price rather than the CIF (Cost Insurance and Freight).

590. The CAPS passenger declaration was introduced in 2008 and was progressing

smoothly, the department was in the process of preparing for the cargo side of the

CAPS. He informed that HS trainer would be in the territory for the next three weeks

to conduct training for the department’s traders as well as customs. HS trainer would

also conduct training for new traders as well as officers who did not have the

opportunity to be trained before. The department intended to institute a Harmonising

System Committee who would deal exclusively with classification challenges on the

CAPS. The New Customs declaration form which replaced the T-12 form was

simultaneously in use with the existing T-12 form until January 2, 2013. The new

method of classification must be utilised in accordance with the Customs

Management and Duties Act.

591. The CC further explained that training for the use of the new form was on-going with

traders for the preparation of the electronic submission of entries. Office space which

was needed would be created at Port Purcell not only for the CAPS but for dealing

with all concession entries. Once the office space was created the department

expected to move the concession aspect of the department from Road Town to Port

Purcell.

592. The CC further explained that officers were to be trained to be system administrators

and programmers which would reduce the department’s reliance on IBM and reduce

the department’s monthly expenditure of $10,000 in maintenance fees. The

department relied heavily on their local and regional counterparts such as the RVIPF

and High Intensity Drug Traffic Area (HIDA) which yielded great success for the

enforcement part of the department. Commercial fraud, undervaluation of imported

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goods, misclassification, manifestation of imported goods etc. increased and there

were significant increases in fines and penalties during the past year.

593. He stated that the department’s maritime assets were in good condition however funds

were needed for repairing them. He stated that the department needed vehicles to

replace their aging fleet. Despite challenges faced all enforcement units were

functioning well and training was on-going. He emphasised that training was essential

for officers to remain on the cutting edge of technology and enforcement. In an

attempt to reduce the department’s expenditure over the years the department had

facilitated a lot of in house training. The importation of fuel was one of the largest

revenue earners for the department and ensuring that proper penalties were in place

for the legitimate trade of the said commodity.

594. The Asst. CC informed the Committee that CAPS was a two phased process and the

department was able to launch the first phase of CAPS in 2008 at the department’s

sea port. It was hoped that the department would launch the automated side of CAPS

at Port Purcell which was the department’s cargo port which was introduced on

September 17, however there were some challenges raised by importers and

stakeholders of the department. The department had to address those challenges and

concerns that were raised which they were in the process of completing and re-

launching the automated side of CAPS. The re-launch was scheduled for January 7

and there were a number of Changes with the CAPS. Along with the automated side

to CAPS there was also the paper side which dealt with the forms, the tariffs which

was changed from what the department previously utilised, the Brussels enquire and

the HS which was a more detailed and intense form from what the department

previously had. The department’s Officers as well as their importers and stakeholders

had to be trained in the classification of goods which was a detailed process. The

department scheduled training with trainer Mr. Errold Skerrit who would conduct

training with the department’s officers and stakeholders as well as from the 26th

November, 2012 until 14th December, 2012. The department was considering training

for importers in the use of CAPS, how to navigate through the system as well as how

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to classify goods. The department’s intention was for persons not to have to utilise a

broker, if they wanted to clear goods themselves they could however they would need

to be trained. The department asked persons to register with them and the department

would train persons in the use of CAPS and a scheduled training in the HS could be

conducted at a later time.

595. The Asst. CC explained that $280,000 was allotted for the operation of CAPS for the

year, however in 2012 that figure was reduced to $168,000. The department had some

serious challenges running the CAPS Programme with the reduced funding therefore

the department had to ask for an additional amount of $198,000. To complete the

programme would cost about $545,000 and that figure should have been around

$280,000. The department was looking into implementing a back-up for CAPS.

596. The CC informed the Committee that the department was short staffed. Five Officers

were interdicted from the service which included two officers who were incarcerated

at Her Majesty’s Prison. He further stated that the HR Department was quite slow in

its discipline or action and it had a demoralising effect on the department’s staff

complement. Officers were being criminally charged and despite a number of

correspondences to HRD officers remained on duty for several months. It not only

had a demoralizing effect on the department’s staff it also sent a negative message to

the wider public. He stated that the department had a responsibility to serve the

government and the public with professionalism fairness and integrity. In addition

two officers died and one was suffering from a stroke and all three of those officers

were Customs Guards. He explained that two senior customs officers with combined

years of experiences of 65 years retired from the service during the year and a number

of experience officers were forced to take annual leave as a result of the HRD “use it

or lose it” leave policy.

597. The CC informed the Committee that the department was further crippled by the

existing leave policy. He stated that he wrote to the HRD asking that the policy be

reconsidered for law enforcement departments. The department was implementing a

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major system and officers and traders were to be trained. Training had been scheduled

and key senior officers would not be able to attend as a result having to utilise their

annual leave.

598. The CC informed the Committee that in 2005 after the salaries review commission

was established, key points were address in 2008 and to date nothing had been done

as it related to officers receiving their raises. At present officers were demoralised and

when they compared themselves to their counterparts, they were aware of various

allowances that were issued to their counterparts and as a result they felt as if they

were doing similar work and not being properly compensated. Considering the heavy

work load within the department they had asked for the upgrade of two key positions

within the Department’s headquarters. If possible he asked for approval for the

upgrade and rename of the Accounts Officer II and Administrative Officer Posts.

599. The CC informed the Committee that in addition to the new office spaces at Port

Purcell upon completion of the said project the facility would need to be furnished

and the cost of the equipment and furniture was an estimated $45, 200.

600. The Member for the Second District queried what advantages and disadvantages of

the CAPS were and how it would help to increase revenue and accuracy of records

when the system was fully operational.

601. The Asst. CC informed the Committee that the advantage to the CAPS system would

be the collection of more accurate data. He further stated that CAPS segmented the

different processes in Customs. Presently an importer could go to ports and have the

T-12 processed by one officer for beginning to end however what CAPS did was

identified which officer conducts which task therefore an officer would vet the entry

when it came in, another officer would check the entry and another officer would

release the entry. He emphasised that CAPS gave transparency and accountability to

the Customs Department. He further explained that the data which would be received

from the CAPS would be used by trade to see what was actually being imported in the

territory, at present a lot of imported commodities were actually bundled into one

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classification heading however with CAPS utilising the HS tariff it was actually

specific and decisions could easily be made based on what was imported.

602. The Asst. CC informed the Committee that the disadvantage to CAPS was that in the

beginning stage it would take longer for persons to write up their entries, however it

would be longer as persons needed to be trained and become familiar with the HS and

the new forms. He emphasised that it was the hope of the department that with

training persons would be able to be familiarised themselves with the system within 6

months to one year.

603. The Member for the Second District stated that he was of the opinion that due the

accuracy which CAPS would produce he thought it would boost the revenue earnings

of the department. He then queried whether there was any potential in CAPS to help

the department increase its revenue.

604. The FS informed the Committee that because the information was so accurate there

was more information which allowed the decision/policy makers to make better

decision in instances where they would like to raise revenue. He stated that one of the

issues which they had at present was that there was uncertainty so with CAPS more

accurate decisions could be made.

605. The CC informed the Committee that CAPS allowed importers to have completed

online submissions, complete entries prior to the arrival of goods and it would stop

officers from doing clerical work and officers would do more inspections which could

increase revenue as goods imported would have to match what was in the containers.

606. The Member for the Eighth District queried whether the Development Planning Unit

was involved in the creation of the new developed CAPS form.

607. The Asst. CC informed the Committee that DPU was involved in the process however

they were not involved in the actual creation of the form, but they gave input as to

what information should be on the form to get the correct data. He further informed

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that the department had agreed with DPU that they would have a link to the system to

be able to get data from the system as necessary.

608. The FS stated that where new process were developed in the Ministry, they were

ensuring that any information that was created from those processes they would have

access to data that was clean and in a form that could be used to conduct analysis. He

stated that to get the type of data that policy makers would need in the Virgin Islands

anything that was done there was a mandate that any information created by those

new processes were to be able to be used for analysis.

609. The Member for the Eighth District encouraged the department to get the DPU

involve in the implementation of CAPS as soon as possible as the data collected

would be crucial at a later stage in informing the policy decision of Government.

610. The Member for the Second District queried the new method of calculating duties and

asked if the Commissioner could an update of revenue that may have been lost.

611. The CC informed the Committee that the new method of calculating duty was

implemented in March and importers stated to utilise the new method. The following

amounts were forgone in the respective months:

May - $3,000

June - $114,000

July - $390,000

August -$180,000

October - $121,000

September - $95,000

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612. The figure for November and December were not available as yet. He stated that the

figures listed were from Port Purcell and the figures from Beef Island and Virgin

Gorda.

613. The Member for the Second District queried what the actual project revenue lost from

the implementation of CAPS.

614. Territorial Member Archibald C. Christian queried whether the department hired staff

in 2012.

615. The CC informed the Committee that ten new officers were hired.

616. Territorial Member Archibald C. Christian queried if the department was still short

staff with the additional 10 new members of staff. To which the CC responded yes.

617. Territorial Member Archibald C. Christian queried whether the CC had made a plea

to the Committee to ask for additional staff.

618. The CC informed the Committee that at the last SFC meeting the department had

asked for six additional positions which they received. He further stated that this year

no proposals for staff were made as the department actually had a good complement

of staff however the department was still short staffed but functioned fairly well.

619. The Asst. CC informed the Committee that although the department had 10 new

officers those officers were still to be trained. He stated that the new officers were put

in trainee uniforms and were not expected to deliver the work of a senior officer.

620. The Member for the First District queried if there was a way to calculate the revenue

that used to be gained which would estimate the revenue that would be gained before

the new method of collection had been implemented.

621. The CC informed the Committee that about $3 million would have been forgone if the

new method of calculating duty was implemented. He stated that in the last 5.5

months just over $1 Million thus far.

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622. The Member for the First District queried whether there were limitations to CAPS as

a result of the changes to the Customs legislation over the years.

623. The Asst. CC informed the Committee that there were limitations to the CAPS. He

informed that the system was designed to calculated duty based on the CIF, or the

FOB. Merchant declaration was designed to calculate based on the cost price of the

item. He stated that the developer was asked what it would cost to adjust the system

from calculating duty based on the CIF or FOB. The developers informed that it was

not best to do so as it would be costly and it would involve a lot of technical work to

get the system to calculate off of the cost of the item.

624. The Member for the Fifth District queried if the new CAPS form was applicable to

both Merchants and individual importers.

625. The Asst. CC informed the Committee that the same form was applicable to all

importers. He stated that the department planned to implement a help desk so that

persons who needed assistance in filling the form would be able to receive it. He

stated that a customs officer was not to fill out an entry for importers they were only

to assist in the process.

626. The Member for the Fifth District queried if the percentage listed in the tariff is the

same for merchants and individual importers.

627. The Asst. CC informed the Committee that the merchant declaration was introduced

for merchants to be able to import based on the purchase price and they would be able

to receive their goods to sell at a lower cost than a regular person who would had to

pay off the CIF price.

628. The Premier queried when the cost for freight had been increased and by what

percentage it had been increased.

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629. The CC informed the Committee that the cost for freight did increase shortly after the

new method of calculating duty was implemented. He stated that he could not give a

definite answer as to how much it had increased by.

630. The Asst. CC informed the Committee that before the freight increase was

implemented the department had called one of the shipping companies to query about

the increase because it was the department’s understanding that only one company

that increased its freight however it was revealed that it was a normal practice to

increase the freight in October across the board for all carriers.

631. The DCC informed the Committee that the system which IBM designed was based on

international standards and the system was standard. He stated that changing from

calculating based on the FOB to purchase price was not the norm.

632. The Asst. CC went on to say that the calculation in CAPS calculated from the CIF

and the FOB. Calculations were to be done for the Ports Authority as well and they

charged based on the FOB. He stated that while it seemed simple it was not as simple

as it seemed at face value. Therefore it was not just a matter of calculation there were

a number of variations that had to be taken into consideration.

633. The Member for the Eighth District queried whether an independent analysis of the

CAPS system was done before its implementation.

634. The Asst. CC explained that one of the department’s colleagues in Bermuda who had

a similar system was consulted. Their system was more advanced and the department

had learnt some things from their colleague which they wanted to implement.

635. The Member for the Second District queried how the staff was responding to the

implementation of the new system based on the factors involved.

636. The CC informed the Committee that there were certain factors that caused a

demoralising effect on the staff and two of those effects were disciple was not swift

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enough and increases that were recommended in 2008 and to date nothing had been

done for the Customs department staff.

637. The DCC stated that the department had a challenge which was with the first time

home builders. The legislation was passed in 2011. To date there were 40 plus

registered homebuilders, however the way in which the law was structured as it

related to determining what a first time homebuilder was and the number of items that

were eligible under the act. The list in the act was short and not detailed and

ambiguous.

638. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

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HEAD 2331 INLAND REVENUE

Present:

Mr. Neil Smith Financial Secretary, Ministry of Finance (FS)

Mrs. Sylvia Moses On Asignment as Ag. Director, BVI International

Affairs Secretariat

Orris Thomas Deputy Commissioner, Inland Revenue (DCIL)

Mrs. Maria Thomas Finance and Planning Officer, Ministry of

Finance (FPOMOF)

639. The Chairman thanked the panel for attending the deliberations, and requested that

they state their names and positions for the record.

640. The Member for the First District enquired whether DCIL has been compensated for

performing both role of DCIL and CIL within the Department.

641. The FS explained the DCIL has not been compensated as yet for performing both

duties as the CIL post is not vacant and as such the DCIL is not acting in the position.

He assured the SFC that he was aware that the DCIL was performing two roles within

the department and he would be compensated accordingly.

642. The Member for the First District stated that he has seen officers carry out both jobs

of Heads and Deputy and were compensated for it. He further stated that when the

reverse happens and it’s the Deputy performing both roles, it seems that the Human

Resources Department always have a reason that acts as an impediment for the officer

to be compensated. He also stated that he wants to make sure that the CIL, who is on

attachment with the Premier as well as the DCIL, be compensated given the

circumstances for the work that they are doing. He urged the FS to dialogue with

Human Resources Department and these officers properly compensated for the work

that they are doing.

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643. The Member for the Second District commented that once an officer is acting in a

position for a period of over two weeks they should be compensated. He further

stated that an acting appointment can still be given to an officer even if the

substantive holder position is on assignment with another department.

644. The Member for the First District stated that he does not blame the FS for the delay in

given the DCIR his acting appointment. He further stated that the Human Resources

Department has been very inconsistent and he gets concern when there is delay on

something that is so simple as an acting appointment.

645. The Member for the First District referred to the Budget Address in which the

Premier stated that all outstanding taxes would be collected. He asked that this be

collected with a compassionate heart giving the economic hardship being experienced

by the citizens of the Virgin Islands.

646. The Member for the Second District enquired how long the CIR would be on short

assignment and end date of this assignment.

647. The CIR stated that her assignment began on the 3rd September 2012 and will end on

the 30th November 2012.

648. Territorial Member Archibald C. Christian queried one of the department strategy for

2013 which was to collect arrears by increasing penalties, and enquired of the CIR,

whether it is viable to increase penalties and if this strategy would work.

649. The CIR explained that she does not think that increasing penalties would aid in the

compliance of taxes. She stated that the department has assisted in helping persons

make their submission in a timely manner. She noted that especially the sister islands

are visited on a regular basis. She further noted that in Tortola the department has

increased surveillance, but have not looked into increasing penalties as a strategy to

increase taxes.

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Subhead 511130 Personnel (Staff) Salaries

650. The Member for the Second District queried the drastic decrease in personnel salaries.

651. The DCIR stated that they had to come up with a cost saving measure as was

stipulated by the Ministry of Finance, as such, officers held against another officer’s

post or any vacant post were not being funded.

652. The Minister for Health and Social Development enquired how stamp duty was

applied and the procedures for obtaining an exception.

653. The DIR stated that stamp duty as it relate to instrument of transfer was calculated at

4% for belonger consideration or market value whichever was higher and 12% for

non-belonger. He explained that the provisions still remain for transaction to be

processed for love and affection, which would be for immediate blood relatives.

654. The Minister for Health and Social Development enquired whether adopted children

would fall under the love and affection category.

655. The DCIR explained that once they provide the requisite support information they

would be stamped at the Love and affection rate.

656. The Minister for Health and Social Development asked whether there were any grey

areas with the Stamp Duties Act that the SFC should be informed of.

657. The DCIR stated that the recommendations were made by the Commission of Inquiry,

but they were not brought into force.

658. Minister for Health and Social Development commented that based on his reading of

report from the Commission of Inquiry there were many deficiencies in the collection

of stamp duty. He hopes that while some of the recommendations are justified, they

would not bring additional hardship on the people of the Territory. He enquired when

and where these recommendations would be applied.

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659. The Minister for Health and Social Development noted that the former Executive

Council required an inventory and the value of furnishings which would be exempted

once the value of the property was provided. He further noted that based on the

report this process would no longer be available.

660. The CIR stated that the directive of Executive Council some years ago was to allow

5% and that was still in effect. She also stated that the recommendation that was

made by the report have not been implemented, as the directive to do so, was not

given to the department.

661. The FS commented that there was some discussion about replacing the Stamp Duty

Act with a Transfer Tax Act. He stated that within the Stamp Duty Act there were

numerous amendments which contradicted each other. He further stated that existing

act needed to be replaced with a different act, with similar content.

662. The Minister of Finance stated that the Ministry has seen and reviewed the

recommendation. He further stated that Cabinet would review the recommendation

and make a decision, which would be based on any changes within the real estate

market. He also stated that these recommendations would be presented before the

House of Assemble for consideration.

663. The Minister for Health and Social Development enquired who was responsible for

the payment of stamp duty the seller or the buyer. The Commissioner replied the

buyer.

664. Territorial Member Archibald C. Christian commented that the 10% that is paid on

property was not a fee for retailers only but also applies to independent persons who

are not retailers.

665. The Member for the First District congratulated the DCIR and the department for a

job well done, and also congratulated the CIR on her new assignment with the

Premier’s Office.

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666. The Chairman thanked the panel for appearing before the SFC.

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HEAD 2332 INTERNAL AUDIT DEPARTMENT

Present:

Mr. Neil Smith Financial Secretary, Ministry of Finance (FS)

Mrs. Dorea Maduro-Corea Ag. Director of Internal Audit, (Ag. DIA)

Mr. Maurice Todman Internal Auditor III, (IAIII)

Mrs. Maria Thomas Finance and Planning Officer, Ministry of

Finance (FPOMOF)

667. The Chairman welcomed the panel to the deliberations and asked that they state their

names, positions and the department which they represented for the record to which

the panel complied.

668. The Member for the First District stated that he was reading the news and came

across some interesting audits that were being conducted by the department. He then

queried whether when an audit was done from the inception of a project to its end or

an audit covered a limited scope of the project.

669. The Ag.D informed the Committee that when an audit on a project was being

completed the department usually looked at the project from its inception to end.

670. The Member for the First District queried whether the department conducted audits

when instructed by the Government to do so or whether the department independently

conducted audits.

671. The Ag.D informed the Committee that audits were done two fold. The department

conducted audits when requests from the government were made and they also did

audits based on risk assessments that were completed within the department.

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672. The Chairman thanked the panel for answering the questions asked by the Ministers.

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HEAD 2333 POST OFFICE

Present:

Mr. Neil Smith Financial Secretary, Ministry of Finance (FS)

Ms. Pascha Stoutt Ag. Postmaster General (AgPG)

Ms. Deborah James Ag. Deputy Postmaster General (Ag. DPMG)

673. The Chairman welcomed the panel to the deliberations and asked that they state their

names, positions and the department which they represented for the record to which

the panel complied.

674. The Committee had no questions for the Panel.

675. The Chairman thanked the Panel for appearing before the Committee after which they

were dismissed.

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HEAD 2334 TREASURY DEPARTMENT

Present:

Mr. Neil Smith Financial Secretary, Ministry of Finance (FS)

Ms. Anna Rabsatt Ag. Accountant General, Treasury Department

(AgAcctGen)

Mrs. Maria Thomas Finance and Planning Officer, Ministry of

Finance (FPOMOF)

676. The Chairman thanked the panel for attending the deliberations, and requested that

they state their names and positions for the record.

677. The Ag. Accountant General stated that the Treasury Department is under the

Ministry of Finance. She further stated that this department is headed by the

Accountant General, and staffed with thirty seven officers. She further explained that

as the Chief Accounting Officer for Government and Accounting Officer for Treasury

Department her responsibilities were to manage the accounting arrangement within all

Ministries and Department as per Financial Regulations 2005 Section (4). She also

explained that her role was to ensure that monies owed to the government were

promptly paid and money received or paid by the Government are brought prompt

and properly into account. The Ag. Accountant General stated that adequate

provision exist for safe custody of public money and public steward. She commented

that in order for the Treasury to execute these duties adequately the department was

divided into five units Administration, Revenue Collection unit, Operation Unit, Bank

Reconciliation Cash Management and Investment, and Account and Financial

Reporting Unit. She stated that the Account and Financial reporting Unit was a new

unit which required additional staff, and will assist the FS in the fulfillment of

requirement in the 2010 Protocol of Effective Financial Management. She also stated

that this would include the introduction of a new chart of account and accounting

standards to an internationally recognised system. She further stated that the

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Treasury was responsible for generating financial data and disseminating financial

data to user and stakeholder which is used to maintain borrowing guidelines ratio,

forecasting and also financial or economical decision making. She commented that

for the fiscal year 2011 the Treasury had budgeted 1.7 million dollar which was fully

expended for operation.

Subhead 511410 – Travel Allowance

678. The Member for the Second District noted that in 2012 approved estimate for the

Treasure travel allowance was $362,000 and in 2013 it was decreased to $45,000. He

enquired the reason for the decrease in travel allowance.

679. The Ag. Accountant General stated that the figure for 2012 Budget was a discrepancy

that she mentioned at the last SFC but was never corrected and that the figure for

2013 Budget was accurate.

680. The Member for the Second District enquired estimated expenditure for travel

allowance in 2012.

681. The Ag. Accountant General stated that the estimated expenditure for travel

allowance was about $40,000 for 2012.

682. The Member for the First District complimented the Ag. Accountant General for the

great work she and her team are doing. He encouraged her to pace herself, as she

cannot solve all the problems and to continue to maintain her joy. He also urged her

to continue to push ahead for the betterment of the Territory.

683. The Chairman thanked the panel for addressing the concerns and comments raised by

the SFC and for being open and frank as it related to the operation of the Treasury.

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HEAD 2335 DEPARTMENT OF INFORMATION

TECHNOLOGY

Present:

Mr. Neil Smith Financial Secretary, Ministry of Finance (FS)

Ms. Lucia Donovan Deputy Director, Department of Information

Technology (DDDoIT)

Mrs. Maria Thomas Finance and Planning Officer, Ministry of

Finance (FPOMoF)

684. The Chairman thanked the panel for attending the deliberations, and requested that

they state their names and positions for the record.

685. The DDDOIT commented that the Department of Information Technology has 5

sections that deal with service the entire department, Purchasing and Implementation

of system, Programme Development, web hosting and network support as well as

project management for IT services. She stated that currently they were at the end of

DOIT strategic plan for the year and in the process of developing a new plan for the

next 3 to 5 years. She also stated that department’s objectives and consideration based

on improving the efficiency and cost saving for Government. She further stated that

the department has experienced challenges such as budget reduction and the Human

Resources Department use it or lose it leave policy. She noted that despite the

challenges faced the department continues to serve the Civil Services and following

their mandate.

686. The Member for the First District thanked the DDDOIT and her team for an excellent

job and stated that most time this department has been chastised than given the praises

that they deserved.

687. The Member for the First District commented that gaining access to the internet still

remains a problem within Government in terms of being able to access database such

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as power school. He noted that one of the discussions within Government was to

tender to allow for services in accessing information via the internet can be accessed

at a faster speed. He enquired whether the department was looking at other internet

carriers to get a better quality service as the delay in the system is an overall problem

throughout Government.

688. The DDDOIT explained that the issues that are being referred to by the Member was

mainly accessing the internet. She noted that gaining access has been an issue that the

department has been working to rectify. She also noted that they have had an

assessment done within the last two months and the department has an action plan

that looked at improving and enhancing the WIFI and internet access of users’

devices to the internet application. She further noted that not only the access but also

the performance, accessibility and security as officers would be connecting to a

government system. She stated that the department would not necessarily tender right

now until the assessment was completed.

689. The Member for the First District stated that to gain access through the Government

service is a problem especially for teachers who needed to input information for

parents to access in Power School. He further stated that this was discouraging and

that no matter what was done DOIT would have to go through one of the carriers.

He stated that he was of the view that for efficiency and speed the internet should be

tendered so that the services can be provided through one of our local carriers.

690. The Member for the Second District enquired of the DDDOIT some more details of

the challenges faced when dealing with the “Use It or Lose It Policy”.

691. The DDDOIT stated that the IT environment is very busy; not only dealing with

maintenance and supporting the systems throughout Government but also work

departments in getting their initiatives completed. She further stated that when

officers have to take leave based on policy enforced, it presents a problem in terms of

having the resources available in making whatever timeline and mandate are

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accomplished. She noted that the department has tried their best to work around this

policy but it presents a challenge for DOIT.

692. The Member for the Second District enquired what in-house policy DOIT used before

the “Use It or Lose It Policy” was implemented.

693. The DDDOIT stated that before, the DOIT would schedule leave around the work

plan rather than officers taking time off because they have to. She further stated that

if the department knew that a project would take a certain amount of time then staff

would schedule their leave accordingly.

694. The Member for the First District stated that on behalf of the House of Assembly they

express sincere sympathy to the staff of DOIT for the lost of Mr. Tishawn Henely.

He also expressed congratulations to the DDDOIT and staff for their hard work and

continued support.

695. The Chair thanked the panel for their presentation and for answering the questions

asked by the Members.

Page 164 of 330

HEAD 2436 MINISTRY OF NATURAL RESOURCES & LABOUR

Present:

Mr. Ronald Smith-Berkeley Permanent Secretary, Ministry of Natural

Resources and Labour (PSNRL)

Mrs. Jennifer Hodge-Penn Acting Deputy Secretary (AgDS)

Ms. Heather James Administrative Officer, Lands Unit, Ministry

of Natural Resources and Labour (AONRL)

Mrs. Louann Hodge-Smith Ag. Finance and Planning Officer, Ministry of

Natural Resources and Labour (AgFPONRL)

696. The Chairman thanked the panel for attending the deliberations, and requested that

they state their names and positions for the record. She then asked whether the

Ministry had a report to present to the members.

697. The PS, NR&L stated that the Ministry had no report to be made and he was open to

the panel for questions.

698. The Member for the Fifth District enquired whether the Spooners land situation with

regards to the method of payment in one lump sum or by installments was rectified.

She further stated that questions were raised concerning that situation during last

standing finance and queried whether the ministry is accepting payments by

installments for BVIslanders to enable the purchase of land at Spooners as was

intended.

699. The PSMNR&L stated that the matter concerning the lump sum payments versus

installment payments was currently being addressed.

700. Territorial Member, Archibald Christian enquired whether the budget for 2012

reflected infrastructure projects for roads and survey works and under which Subhead

it would be located.

Page 165 of 330

701. The PSMNR&L stated that it is not reflected in the budget however, the ministry was

about to open up the second phase of the infrastructure with respect of the roads

which will be dealt with before the end of 2012.

702. The Minister for Health and Social Development enquired what was the percentage of

land owned by belongers versus non-belongers.

703. The PSMNR&L stated that the Ministry would have to conduct research to ascertain

those figures.

704. The Minister for Health and Social Development stated that the PSNR&L should

generate these figures.

705. The Chairman thanked the panel for answering the questions asked by the Members.

Page 166 of 330

HEAD 2437 AGRICULTURE

Present:

Mr. Ronald Smith-Berkeley Permanent Secretary, Ministry of Natural

Resources and Labour (PSNRL)

Mr. Bevin Brathwaite Chief Agricultural Officer, Dept of

Agriculture (CAO)

Mrs. Louann Hodge-Smith Ag. Finance and Planning Officer, Ministry of

Natural Resources and Labour (AgFPONRL)

706. The Chairman thanked the panel for attending the deliberations, and requested that

they state their names and positions for the record. She then asked whether the

Department had a report to present to the members.

707. The CAO stated that he had no report to present to the members but was open to the

panel for questions.

708. The Minister for Health and Social Development enquired what was the state of

farming in the territory.

709. The CAO stated that there had been no change to the state of farming within the

territory. He further stated that there are persons interested in farming and also those

that are actively farming in the territory.

710. The Minister for Health and Social Development enquired about the amount of

registered farmers within the territory.

711. The CAO stated that there were approximately 250-300 registered farmers.

712. The Minister for Health and Social Development enquired whether that number

included all the islands within the Virgin Islands.

713. The CAO confirmed that all islands were included in the approximate number given.

Page 167 of 330

714. The Member for the First District enquired about the status of the greenhouse

projects.

715. The PSNR&L stated that there are currently issues being cleared with the contractors

and once those are finalized within the upcoming weeks then plans would be prepared

with the greenhouse project.

716. The Member for the First District enquired whether the plan will be executed or

would the greenhouse project become redundant.

717. The PSNRL stated that the greenhouse program will be implemented.

718. The Member for the First District enquired what crops would be produced within the

greenhouse project.

719. The CAO stated that cash crops will be generated by the green houses project. He

further stated that cash crops that would be generated would have been okra,

eggplant, cucumber, butternut squash, eggplant, lettuce, tomato, and sweet peppers,

anything that could be produced and harvested within 6-8 weeks.

720. The Member for the First District enquired whether enough will be generated to

supply the same amount of goods that is imported in the territory so that persons are

able to move away from importing goods.

721. The CAO stated that is the hope of the department to be able to do so.

722. The Member for the First District enquired whether policies would be implemented to

allow for the smooth operation for the supply of good within the territory.

723. The CAO stated that the recommendation will be made to the Ministry.

724. The Member for the Second District stated that he read in the news about an

agreement to be entered into by a company called Farmer Corp. he then inquired

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whether more detail in relation to the same can be provided with what is actually

taking place.

725. The PSNR&L stated that the reports made in relation to the company were not true

and there are no agreements that exist with the company or anyone with respect to the

greenhouses. He further stated however that the farmers were given a lot in Paraquita

Bay to develop short crops and had nothing to do with the green houses project.

726. The Member for the Second District stated that he was of the opinion that the

Ministry should have sent out a statement to correct the news that was previously

broadcasted as he was under the impression that the farmers’ spot was also in relation

to the greenhouses matter.

727. Territorial Member Archibald C. Christian enquired whether the Agricultural Station

in Virgin Gorda is still on stream to move to Long Bay which is just east of Nail Bay

in 2013.

728. The CAO stated that they were minded to change the location on Virgin Gorda. He

further stated that since such time they were contemplating to move the station on

Virgin Gorda an alternate site in the Valley had been identified as the preferred site to

relocate to.

729. Territorial Member Archibald C. Christian enquired what was the size of the

identified spot in the Valley, Virgin Gorda.

730. The CAO stated that the site is approximately 2 acres.

731. Territorial Member Archibald C. Christian enquired whether that location was bigger

than the previously identified site.

732. The CAO stated that the site is bigger.

733. Territorial Member Archibald C. Christian enquired whether there was any particular

reason why they opted to move to the Valley and not Long Bay.

Page 169 of 330

734. The CAO stated that the decision was made for logistical reasons as well as seeing the

fact that the most of farming was done in the Valley as Long Bay was located mid

island and would be an additional stress on persons who wanted to do business with

the Department. He additionally stated that the terrain at Long Bay was very

mountainous and the property located in the Valley which is available to the

Department is flat land.

735. Territorial Member Archibald C. Christian enquired whether the property in the

Valley was owned by the Government or would the Government have to lease the

property to carry out the functions.

736. The CAO stated the Department would have to lease the property.

737. The Chairman thanked the panel for answering the questions asked by Members.

Page 170 of 330

HEAD 2438 BVI FISHING COMPLEX

Present:

Mr. Ronald Smith-Berkley Permanent Secretary, Ministry of Natural

Resources and Labour (PSNRL)

Mr. Lloyd Williams Ag. Manager, BVI Fishing Complex (MBVIFC)

738. The Chairman thanked the panel for attending the deliberations, and requested that

they state their names and positions for the record.

739. Territorial Member Archibald C. Christian enquired what the status was of the

Fisheries Department in the Virgin Islands in relation to the challenges that they faced

last year. He further enquired whether things were improving.

740. The Acting Manager stated that things within the Department had improved. He

further stated that the department was able to secure storage space that was required.

He then stated that a 14 by 6 freezer was installed a few months ago and the

department was able to replace the two condensing units for the ice machines so there

was storage for ice. He additionally stated that the Department is also trying to

purchase an additional freezer as the department has ventured into the boating

community and with their support certain things are to be put in place in order to

accomplish that.

741. Territorial Member Archibald C. Christian enquired whether the department was able

to purchase the vehicle for the purpose of transporting fish.

742. The Acting Manager stated that the decision was made to prioritise the funding within

the department and reallocated the money towards the purchase of fish as there were

restrictions with the money that was allotted for the purchase of fish.

743. Territorial Member Archibald C. Christian enquired whether the revenue for fish was

high in 2012 in contrast to the sales in 2011.

Page 171 of 330

744. The Acting Manager stated that in contrast with the previous year, the sales of fish

were about $62,000 higher than the previous year.

745. Territorial Member Archibald C. Christian enquired what type of fish was in the

greatest demand.

746. The Acting Manager stated that local persons preferred pot fish whereas the boating

industry preferred the pelagic fish for example the Wahoo or Tuna, and the focus has

been shifted to provide for both the local and boating industries.

747. The Member for the First District stated that he was preview to a commercial stating

that the Department is going fishing and enquired whether the Government was

embarking on a campaign to make more money in the fishing industry.

748. The PSNR&L stated that the Ministry is trying to develop the fishing area. He further

stated that the Minister spoke previously in relation to the starting of the solar project

in Anegada which will get the cost of electricity down and also to get another storage

complex in Anegada with hope to carry out deep sea fishing in relation to the tourism

industry.

749. The Member for the First District enquired how much revenue is foreseen to be made

by developing these areas over a period of years.

750. The PS, MNR&L stated that this campaign would be embarked upon over a period of

years. He then stated that there isn’t money in the 2013 budget for this and as such

have not started to pursue the numbers and revenues as yet.

751. The Minister for Health and Social Development enquired who the accounting officer

was for BVI Fishing Complex.

752. The Acting Manager stated that he was the accounting officer for the BVI Fishing

Complex.

Page 172 of 330

753. The Minister for Health and Social Development enquired whether the fishermen

would be paid immediately by the Acting Manager for fish delivered to the BVI

Fishing Complex.

754. The Acting Manager stated that the same processes were followed by preparing the

tallies that is taken to the Treasury Department.

755. The PSMNR&L stated that the only hold up for fishermen receiving their payments in

a timely manner was the cash flow within the Treasury Department.

756. The Member for the First District enquired whether the fishermen were being paid

more fluently.

757. The PSMNR&L confirmed that the fishermen were being paid more fluently with the

exception of the ending of the year when things were generally a bit rockier.

758. The Member for the Second District stated that from what he had heard, there was no

problem with the vote in relation to the purchase of sea food.

759. The Acting Manager stated that the vote for the purchase of sea food was not over

spent.

760. Territorial Member Archibald C. Christian stated that he would like to thank the

Acting Manager for keeping the complex running smoothly for yet another year

despite the challenges with the hope that the upcoming year be more profitable.

761. The Minister for Health and Social Development enquired aboutt the percentage of

local fish sold.

762. The Acting Manager stated that 95% of fish sold are local fish.

763. The Minister for Health and Social Development stated that there were concerns that

money given to the BVI Fishing Complex were used to purchase fish from overseas

markets.

Page 173 of 330

764. The Chairman thanked the panel for answering the questions asked by the Members.

Page 174 of 330

Head 2439 CONSERVATION & FISHERIES

Present:

Mr. Ronald Smith-Berkley Permanent Secretary, Ministry of Natural

Resources and Labour (PSNRL)

Mr. Kelvin Penn Acting Chief Conservation & Fisheries Officer,

(AgCCFO)

Mrs. Louann Hodge- Smith Acting Finance and Planning Officer, Ministry of

Natural Resources & Labour (FPONRL)

765. The Chairman welcomed the panel to the deliberations and asked that they state their

names, positions and the department which they represented for the record to which

the panel complied.

766. The Member for the Second District queried whether the Ag. CCFO could give a

synopsis of how fishing licenses were approved as it related to the use of fish pots as

the pots were detrimental to reef fishing in the Virgin Islands. He then queried the

systems that were implemented to limit the amount of fish pots that were used and left

at sea while they continue to trap and kill fish.

767. The Ag. CCFO informed the Committee that there were three types of licenses that

were granted:

(1) The pleasure fishing License – Which enabled a person to catch up to 30 lbs of

fish per vessel per person.

(2) The sport fishing license which enabled persons to catch up to 30 lbs of fish per

vessel and

(3) The commercial fishing license – which enabled a person to catch more than 30

lbs of fish. It also enabled persons to engage in the selling of the said catch.

Page 175 of 330

768. He further informed the Committee that there was a policy which was at the

Department and the Ministry of Natural Resources and Labour for at least 20 years

where only BVI Landers were granted commercial fishing licenses. He stated that

whilst persons were granted such licenses the license had stipulations such as fishing

in the closed season, where to fish and etc.

769. The Ag. CCFO also informed the Committee that a problem which the department

faced was the number of fish pots one vessel could have and the department actually

wanted to have a limit on such however thus far that measure had not been

implemented because persons who had an excessive amount of fish pots claimed that

as fishing was their livelihood if the amount of pots were to be limited it would

interfere with their livelihood.

770. The Ag. CFFO stated that the department noted that an excess amount of fish pots

would have a detrimental effect on the coral reef especially when the pots were

moved during the ground sea season however hopefully with the amendments that

were to be made with to the Fisheries Regulations it would address the limit on the

amount of fish pots a person could have.

771. The Member for the Second District asked the Ag. CCFO to clarify whether the

commercial licenses were only issued to BVI Islanders.

772. The Ag. CCFO clarified that the Commercial Fishing Licenses were issued to BVI

Islanders or Belongers.

773. The Member for the Second District queried whether persons who were in the

territory on a work permit could get a license to make fish pots for commercial

purposes.

774. The Ag. CCFO informed the Committee that once a BVI Islander or Belonger

obtained a commercial fishing license and used fish pots to catch fish the department

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did not regulate who could make the fish pots. He stated that if a person wanted to get

the fish pots made locally or overseas the decision was theirs. He further stated that

the department would like to see the number of fish pots per vessel reduced as the

pots had a bad effect on the coral reefs. He also emphasised that that concern would

be addressed in the amendments to the Fishing Regulations.

775. The Member for the Second District queried whether there was any specification for

making fish pots. He explained that if a fish pot was lost and it took 3 years for the

fish pot to disintegrate then it would kill fish during that time span but if the fish pots

had specifications for biodegradable material then it would take a shorter time span to

disintegrate and fish which were caught in the trap would be able to go in and come

out of the pots.

776. The Ag. CCFO informed the Committee that as part of the stipulations for the

commercial fishing license it stated that fish pots must possess the biodegradable

panel, which is normally a section of the fish pot which was about six inches squared.

He also stated that a vast amount of the fish pots that were made contained the

biodegradable panel.

777. Territorial Member Archibald C. Christian queried whether there was a penalty for

persons whose fish pots did not contain the biodegradable panel.

778. The Ag. CCFO informed the Committee that there was such a penalty however it was

not enforced.

779. Territorial Member Archibald C. Christian queried what the penalty was.

780. The Ag. CCFO informed the Committee that under the Fisheries Act the penalty was

a fine of $1000.00.

781. Territorial Member Archibald C. Christian queried whether the penalty was per trap.

Page 177 of 330

782. The Ag. CCFO informed the Committee that the penalty was only for not having the

fish pot equipped with the panel.

783. The Member for the Eighth District queried whether if a person wanted to have a

weekend fishing trip if they required getting a license to do so.

784. The Ag. CCFO informed the Committee that once fishing was done in a vessel which

could be from the size of a dengue to a mega yacht a license would be required.

785. The Member for the Eighth District queried whether if fishing was done around the

rock/shoreline if a license was required, to which the Ag. CCFO replied no.

786. The Minister for Health and Social Development queried whether all the passengers

on a mega yacht would have to obtain a license for fishing.

787. The Ag. CCFO informed the Committee that the vessel would have to be registered as

a fishing vessel and the persons who engaged in fishing would have to obtain a permit

to fish.

788. The Member for the Eighth District queried the cost of the permit and the cost to

register the vessel.

789. The Ag. CCFO informed the Committee that the cost to register a vessel varied. He

also stated that the cost to register a vessel over 300 ft would be $300 per annum.

790. The Member for the Eighth District queried the cost to register a dinghy.

791. The Ag. CCFO informed the Committee that to register a dinghy would cost about

$60.00

Page 178 of 330

792. The Member for the Eighth District queried the cost for a license for one day.

793. The Ag. CCFO informed the Committee that an individual would get a fishing license

for a year and would pay the annual fee however in instances where persons wanted a

license for recreational fishing for probably one month a license for $45 would be

issued by the Ministry. He also stated that the permit would only be used for about

one month, as most visitors who come to the Territory were not in the Territory

beyond a month.

794. The Member for the Second District stated that in the past there were some bad

experiences with fishermen coming from the USVI and setting an extensive amount

of fish traps in BVI waters and they were set by GPS which meant the pots did not

have any markers. He further stated that the Department had difficulty identifying

what was in the water. He then queried whether fishermen from the USVI were still

setting traps in BVI waters.

795. The Ag. CCFO informed the Committee that over the years instances of illegal

fishing by overseas fishermen had stopped. He further stated that that particular case

which the member referred to the department was aware of it and those individuals

had refrained from illegal fishing. He further informed that persons from the USVI

who wanted to engage in fishing in the territory would apply for a license and the

department would determine based on the circumstance whether to grant the license.

He further stated that unless the fishermen were BVI Islanders living in the USVI

such persons had never been granted a license which would enable them to set fish

pots in the territory on a commercial basis.

796. The Minister for Health and Social Development queried whether there was a set

number of fish pot an individual could possess, to which the Ag. CCFO responded in

the negative. He further stated that at present there was not a limit on the number of

fish pots one individual could possess. There were persons who had over 400 fish

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pots and the department considered it to be excessive for one vessel and that practice

had been going on for quite some time.

797. The Minister for Health and Social Development queried why the Ag. CCFO

considered 400 fish pots for one vessel to be excessive.

798. The Ag. CCFO stated that if the fish pots were to be lost it would cause damage to the

corals and the unnecessary death of fish. He stated that having such an excessive

amount of fish pots was not a good practice as some fishermen used wire and steal in

their fish pots which did not disintegrate like the traditional fish pots did as those fish

pots used wooden braces and chicken mesh.

799. The Minister for Health and Social Development queried whether the Ag. CCFO

would prefer to see 10 fishermen with 40 fish pots each versus one fisherman with

400 fish pots.

800. The Ag. CCFO stated that yes that was what he preferred as it would have contributed

to the management of the reefs and the overall betterment of the fishing industry.

801. The Minister for Health and Social Development queried whether there were

individuals who monitored the regulation of fish pots for example the standard size of

a fish pot.

802. The Ag. CCFO informed the Committee that the department did ensure that persons

did not import into the territory or be allowed to sell one inch squared mesh for fish

pots. He also stated that in the Regulations there was a standard size for mesh and

likewise for seam fishing nets.

Page 180 of 330

803. The Minister for Health and Social Development stated that he thought there would

have been a regulation on shoreline fishing as that was where the smaller fishes

resided until they were grown.

804. The Ag. CCFO stated that in the mangrove areas yes it was protected however if a

person was fishing on Guana Islands or Camanoe 20ft away from the shoreline on the

northern side of the islands a person would actually be fishing in 60ft deep water. He

stated that it depended on the geography of the land.

805. The Member for the Second District queried about an update on the danger of the

lionfish. He also queried whether the impact of the said fish which was feared had

now come to reality.

806. The Ag. CCFO stated that the lionfish were definitely in the territory and the impacts

which were predicted were in effect because in the BVI there was a health ecosystem

and the impact of the lionfish were somewhat lessened. He further stated that the

lionfish were actually growing in numbers and about every week there were about

1000lbs for them being caught by fish pots He stated that he had recently returned

from a meeting in Miami and it was reported in that meeting that the lionfish had

gotten to as far as Aruba and the lionfish species was taking over the Caribbean

region.

807. The Member for the Eighth District queried what the Department was doing to

encourage persons to eat lionfish as they were now considered a delicacy and it would

also help to control the population of the lionfish.

808. The Ag. CCFO informed the Committee that at the last fisherman’s day in July there

was a lionfish demonstration which taught persons to prepare the lionfish and how to

fillet them. He stated that in the Bahamas there was a restaurant franchise which used

the lionfish as a dish. He stated that from the meeting held in Miami he brought back

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a lion fish cook book with different recipes which would show persons different ways

to prepare the lionfish.

809. Territorial Member Archibald C. Christian queried why there was a large increase in

the budget for 2012 and queried the reason why there was such a large increase.

810. The Ag. CCFO stated that the increase could be attributed to Health Insurance as it

was in deficit for the last two years.

811. The FS informed the Committee that the Life guard programme was responsible for

the increase.

812. Territorial Member Archibald C. Christian queried what the complement of staff for

the lifeguard programme was.

813. The Ag. CCFO stated that the staff complement was 6 members and one person was a

beach safety officer and the individual was not actually qualified as a lifeguard.

814. The Member for the Second District asked for a synopsis of how the lifeguard

programme was operating.

815. The Ag. CCFO informed the Committee that the programme was a bit challenging

mainly because the territory had a lot of isolated beaches and during the ground sea

season it resulted in squalls, high waves and strong currents during the tourist season.

Therefore, to effectively cover all the beaches, it was challenging as 2 – 3 lifeguards

were stationed on each beach; however, there was only funding for 6 members of

staff and it required about 60 staff members were required however there was only

funding for 6. He further informed that the department concentrated on the most

hazardous beaches such as Josiah’s Bay, Smuggler’s Cove etc.

Page 182 of 330

816. The Chairman thanked the panel for answering the questions asked by the Members.

Page 183 of 330

HEAD 2440 LABOUR DEPARTMENT

Present:

Mr. Ronald Smith-Berkley Permanent Secretary (PSMNRL)

Mrs. Janice Rymer Ag. Labour Commissioner (Ag. LC)

Mrs. Stephanie Williams Deputy Labour Commissioner (DLC)

Mrs. Louann Hodge-Smith Ag. Finance and Planning Officer, (Ag.

FPONRL)

817. The Chairman welcomed the panel to the deliberations and asked that they state their

names, positions and the department which they represented for the record to which

the panel complied.

818. The Member for the First District queried whether the department had the opportunity

to address the unfair treatment of Virgin Islanders who worked in Trust Companies as

stated by the Minister of Education and Culture during a previous Sitting of the House

of Assembly. He stated that person’s job descriptions were reclassified and their

positions were made redundant and some were dismissed from duty.

819. The Ag. LC informed the Committee that the department has had individuals who

came to them and made such claims. For those persons who had come forward and

made a complaint the department was in fact working on resolving their concerns or

issues. She further informed that some of the said issues were already resolved. She

also stated that the department would conduct an investigation based on the

information that was received by any individual who had an issue or concern.

820. The Member for the First District queried whether it was safe to conclude that the

matters were solved.

Page 184 of 330

821. The Ag. LC informed the Committee that for the persons who made complaints to the

department their matters were being resolved.

822. The Member for the First District stated there were also concerns previously raised by

the Minister of Education and Culture in relation to persons who worked in the

charter boat industry. He then queried if there were complaints from persons who

were in the said industry, who for whatever reason did not have work permits and

lived aboard the charter boats. He stated that it is alleged that the captains or the chef

were brought in on vacation and this needs to be looked into as matter urgency.

823. The Ag. LC informed the Committee that she was not aware that any individual had

come to the department to make any such complaint. She further informed the

Committee that she was aware that the department had applications for persons to

work in such areas and they had been processed.

824. The Minister for Health and Social Development queried about the state of labour in

the Territory.

825. The Ag. LC informed the Committee that the department had various units such as

the inspection unit, the employment services unit, the Virgin Gorda unit, the finance

unit, and the dispute unit. She further stated that she was not sure which aspect of the

department the Minister was referring to and asked the Member to clarify.

826. The Minister for Health and Social Development stated that he did not ask about the

state of the Labour Department he asked about the state of Labour in the territory. He

then queried the number of jobs that were available in the Territory and if the Labour

Department have a list and how many BVI Islanders could fill those positions and he

further enquired how many expatriates would have to be sourced to fill those

positions that were not filled by Virgin Islanders.

Page 185 of 330

827. The Ag. LC stated that at present the department processed about 8000 work permits.

She then stated that as it related to persons employed by the country that figure would

come from social security. She stated that she could have provided a figure for the

number of work permits that were processed to date which was approximately 8000

permits. She also informed that the 8000 permits processed included all classes of

permits such as renewals, periodic temporary and self-employed. The Ag. LC

explained that the department had an active employment services unit where BVI

Islanders were registering with the unit. At present she could not provide the figure

for 2012 which would indicate how many BVI Islanders were registered however in

2011 466 BVI Islanders registered for job placements.

828. The Member for the Eighth District queried about the number of young persons the

department were able to place in jobs by the Labour Department.

829. The Ag. LC informed the Committee that as of July – December 2011 there were 154

registered applicants, the total number of applicant registered and not placed was 466,

the total number of applicants placed 24.

830. The Member for the Eighth District queried whether only 24 persons of the 466

applicants were placed to which the Ag. LC responded in the affirmative.

831. The Member for the Eighth District made an inquiry into the challenges the

department face in getting the young persons mentioned placed in jobs.

832. The Ag. LC informed the Committee that some of the challenges the department

faced was difficulty in contacting individuals once they were registered as some

persons changed their contact information after being registered and did not notify the

department. She further explained that there was the on-going issue of employers who

had already chosen an individual to fill the position in their organisation and

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although the department sent persons on interviews the applicants were not given a

fair chance to be placed in the position.

833. The Member for the First District queried whether the individuals which the

employers preferred to fill the positions were BVI Islanders as well.

834. The Ag. LC informed the Committee that the individual were persons that required

work permits.

835. The Member for the First District queried whether there was a way where the

department could get a special unit in the department to focus more efforts on getting

the Youth Unemployment programme placed in jobs. He then queried whether the

Ag. LC felt as if what the department was presently doing to place these young people

in jobs was adequate.

836. The Ag. LC informed the Committee that the department was making strides to

improve the employment services unit. She explained that the department was able to

hire an employment services manager who was responsible for overseeing

placements. The Department was in the process of renovating a particular area of the

department that would be geared specifically for the employment services unit where

persons would be able to visit the department and register for job placements, they

would also be able to receive training before they entered the workforce which would

ensure that they possessed the necessary skills not only to be interviewed properly but

also to be successful in getting the said job. She reiterated that having the manager for

the employment services unit would help with sustainability and better outcome as it

related to employment for BVI Islanders as the employment services unit would be

more fully functioning.

837. The Member for the First District queried whether the employment services initiative

was included in the 2013 budget to which the Ag. LC responded in the affirmative.

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838. Territorial Member Archibald C. Christian queried whether the department was able

to detect when vacancies were over advertised to eliminate locals and belongers from

being successful applicants for jobs.

839. The Ag. LC stated that when the applications were being processed by the department

they would go to the placement unit who would see if there were any qualified BVI

Islanders or Belongers to fill the positions based on the advert, the job description and

thereafter the applications would go to the processing officer who would then make

calls to the employer to get a better understanding of the job.

840. Territorial Member Archibald C. Christian queried whether there was a time line for

resolving disputes.

841. The Ag. LC stated that the Labour Code outlined the process for settling disputes and

gave a brief synopsis. She informed that from January 2012 to date over 104 disputes

were processed by the department. 58 of those disputes were successful by the

employee, 25 successfully by the employers, 15 disputes that were settled through

mediation and there were 6 disputes pending.

842. The Minister for Natural Resources and Labour informed that there were challenges

finding a qualified person to head the labour tribunal.

843. The Chairman thanked the panel for answering the questions asked by the Members.

Page 188 of 330

HEAD 2441 LAND REGISTRY

Present:

Mr. Ronald Smith-Berkley Permanent Secretary (PSMNRL)

Mrs. Erica Smith-Penn Chief Registrar of Lands (CRL)

Mr. Kelvin Dawson Registrar of Lands (RL)

Mrs. Louann Hodge-Smith Ag. Finance and Planning Officer (Ag. FPO)

844. The Chairman welcomed the panel to the deliberations and asked that they state their

names, positions and the department which they represented for the record to which

the panel complied.

845. Territorial Member Archibald C. Christian queried how far along in the process was

the department with computerising the land records in the territory.

846. The PSNR&L informed the Committee that the computerisation of the land registry

would be dealt with under the E Government Project. He further stated that it was in

the process of being worked on.

847. The Member for the Second District asked for the department to provide a percentage

of the amount of land that was owned by BVI Islanders/ Belongers and Expatriates.

848. The CRL informed the Committee that she was unable to provide that information.

She informed that the department had hoped to have details however they embarked

on the counting process however as of 1997 only part of the records were being

registered in the land registry and the matter of having the actual parcels put together

as it related to counting would be done as part of the database building which the

department was presently working on. She explained that it was not an easy task to

complete because of the tedious nature of entering the data and the counting as well.

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849. The Chairman thanked the panel for answering the questions asked by the Members.

Page 190 of 330

HEAD 2442 SURVEY DEPARTMENT

Present:

Mr. Ronald Smith-Berkley Permanent Secretary (PSMNRL)

Mr. Winston Donovan Chief Surveyor (CS)

Mr. Dwayne Nibbs Deputy Chief Surveyor (DCS)

Mrs. Louann Hodge-Smith Ag. Finance and Planning Officer (Ag. FPO)

850. The Chairman welcomed the panel to the deliberations and asked that they state their

names, positions and the department which they represented for the record to which

the panel complied.

851. The Member for the Second District queried how the project to update the maps was

operating, as monies were approved last year for the territories GPS system to be

updated.

852. The PS Informed the Committee that the project was scheduled to start however with

the heavy rainfall there was too much brush and it was put off. He informed that the

project was to be tendered as it exceeded the funds allocated however the project was

scheduled to take place in 2013.

853. Territorial Member Archibald C. Christian queried whether there was an actual date

in 2013 for the project to begin.

854. The PS informed the Committee that no date was set as yet because the department

had to discuss with the procurement unit and put the project to tender.

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855. The CS informed the Committee that the best time for the project to be done would be

just after the winter going into the spring as the weather and cloud cover was more

suitable for such a project.

856. Territorial Member Archibald C. Christian queried how many surveyors were

employed by the department.

857. The CS informed the Committee that the department had six surveyors. Two trained

surveyors and three members of the administrative staff however in total the

department had thirty members of staff which included both established and non-

established positions.

858. Territorial Member Archibald C. Christian stated that last year the department had

seven surveyors however this year they had six surveyors and queried why that was

the case.

859. The DCS stated that that there were private land surveyors who did not work at the

survey department. He further stated that the department actually had six surveyors.

860. The Chairman thanked the panel for answering the questions asked by the Members.

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Head 2543 MINISTRY OF EDUCATION AND CULTURE

Present:

Dr. Marcia Potter Ag. Permanent Secretary (Ag.PSMEC)

Mrs. Prudence Mathavious Ag. Deputy Secretary, (Ag. DSMEC)

Mrs. C. Jovita Scatliffe Ag. Finance and Planning Officer (Ag.FPO)

Ms. Stacy Brewley Senior Accounts Officer (SAOMEC)

861. The Chairman extended welcome to the panel and asked if there was a presentation.

The Acting Permanent Secretary, Ministry of Education and Culture (AgPSMEC)

gave an overview of the finances for the Ministry.

Subhead 524110 – Buildings

862. Territorial Member, Archibald C. Christian asked for a specific breakdown of the

subhead.

863. The AgPSMEC explained that the monies were for regular maintenance of Her

Majesty’s Prison (HMP), the Elmore Stoutt High School (ESHS) and other schools.

Subhead 528150 – Stipends to Boards and Committee

864. Territorial Member, Archibald C. Christian enquired how many boards and

committees there were. The AgPSMEC informed the Committee that there were nine

boards and committees combined.

865. Territorial Member, Archibald C. Christian wanted to know the names of the said

boards and committees who received stipend. The AgPSMEC informed the

Committee that the Technical, Vocational and Training Committee, the Recreation

Trust Committee and the Parole Board received stipend. She also noted that there

were others but she would have to provide that information at a later time.

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866. The Minister for Education and Culture advised that there were other committees to

be set up. He also noted that maintenance of buildings was going to be centralised.

Subhead 572150 – Grants to Sir Rupert Brierclif

867. Territorial Member, Archibald C. Christian enquired if there was any idea on the

scope of work which needed to be done and if short term or long term measures were

going to be taken. The AgPSMEC advised that medium to long term measures were

going to be taken on repairing the structure.

868. Territorial Member, Archibald C. Christian wanted to know how soon works would

begin. The AgPSMEC informed that she could not say specifically but that it was at

the top of the agenda for 2013.

869. Territorial Member, Archibald C. Christian noted that festival continued to be a

financial burden on government’s purse whereby every year balances were being

brought forward from the previous year. He wanted to know if there was any chance

in paying the bills by the end of the year and beginning fresh in 2013. The

AgPSMEC advised that as long as funding was provided it was possible.

Subhead 57200 – Assistance Grants

870. The Member for the Second District enquired if the assistance was routed through the

Social Development Department (SDD) or through the MEC. The AgPSMEC

informed that the grants were through the Ministry.

Subhead 572210 – Scholarships – Domestic and Subhead 572220 – Scholarships –

Foreign

871. Territorial Member, Archibald C. Christian noted that he received many requests for

financial assistance from persons who received scholarships and asked how much

funding was provided for the scholarships. The AgPSMEC informed that

scholarships granted eighteen thousand dollars ($18,000.00) per annum and with the

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ever increasing school fees, that amount could not cover all of the recipient’s yearly

fees.

872. Territorial Member, Archibald C. Christian expressed that the matter needed to be

looked at closely and funding needed to be revised. The AgPSMEC advised that the

scholarship programme was going to be revised and that such information was going

to be presented to the Minister for Education and Culture.

873. Territorial Member, Archibald C. Christian asked if there were other directions for

additional funding. The AgPSMEC informed that persons could receive additional

funding through the Scholarship Board.

874. The Leader of the Opposition enquired who the Members of the Recreational Parks

Trust Board were. The AgPSMEC informed that Roy Barry was the Chairman of the

Board and Franka Pickering was the Deputy Chairman. She noted that she would

have to report back to the SFC with the names of the other members.

875. The Leader of the Opposition enquired if the work at the school grounds at Robinson

O’Neal Memorial Primary School was completed. The AgPSMEC informed that the

work was almost complete.

876. The Leader of the Opposition wanted to know if completion would be in 2013. The

AgPSMEC advised that that was the hope of the Ministry.

877. The Member for the First District commented on the Youth Employment Register and

that he wished to see the programme succeed and suggested that the name be changed

from Youth Unemployment Programme to Youth Employment Programme. He

further stated that we must speak positivity into the programme as ensuring our young

people are gainfully employed is very important. The fact that only twenty four of the

over four hundred youths registered in the programme have been hired through the

Labour Department is alarming.

Page 195 of 330

878. The Member for the First District also noted that regarding promotions for teachers, it

was agreed that once teachers completed the Bachelor’s programme they would be

placed in the appropriate grade level. However, what was happening was that only

some teachers received the upgrade and others had not based on appraisal from their

principal. The Member wanted to know how to go about getting those teachers in the

correct grade as it was agreed that their increment would be implemented upon

completion of the degree and not based on the evaluation of the principal. The

AgPSMEC informed that she was not aware of the situation and that she would have

to consult the Chief Education Officer.

879. The Member for the First District asked how soon that was going to happen. The

AgPSMEC informed the Committee that as soon as she got out of SFC she was going

to do so.

880. The Chairman thanked the panel for answering the questions asked by the Members.

Page 196 of 330

HEAD 2544 YOUTH AFFAIRS AND SPORTS

Present:

Mrs. Marcia Potter Ag. Permanent Secretary/ME&C (Ag.PSMEC)

Mr. Patrick Harrigan Ag. Director of Youth Affairs and Sports

(Ag.DDYAS)

Mrs. C. Jovita Scatliffe Ag. Finance and Planning Officer (Ag.

FPOMEC)

Ms. Stacy Brewley Accounts Officer (AOMEC)

881. The Chairman welcomed the Acting Director, Youth Affairs and Sports (AgDYAS)

to the panel.

882. Territorial Member, Archibald C. Christian enquired if there was going to be new

energies and improvements to upcoming activities in 2013. The AgDYAS confirmed

that there was and that a Deputy Director would soon be joining the department.

883. Territorial Member, Archibald C. Christian wanted to know if cricket was going to be

a part of the sporting activities for 2013. The AgDYAS informed that it was

discontinued as an after-school programme because there were no facilities to practice

the sport however, it was the intention of the department to resume sometime in 2013.

884. Territorial Member, Archibald C. Christian asked if the Greenland Field was a viable

location for the sport. The AgDYAS advised that once the Cricket Association made

a decision on the location, the department would assist.

885. The Member for the Third District enquired why the AgDYAS was still acting in the

post. The Minister for Health and Social Development also enquired as to how long.

The AgDYAS informed that he had been acting in the post since 2008.

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886. The Chairman asked the AgPSMEC to explain why he had acted for so long. The

AgPSMEC informed that recommendation for his confirmation was before the Public

Service Commission (PSC) and she was awaiting a response.

887. The Member for the Third District asked how long since it was before PSC. The

AgPSMEC advised that it was sent to PSC approximately one year ago.

888. Territorial Member, Archibald C. Christian wished the AgDYAS well and expressed

that he hoped that his appointment was confirmed before the end of 2012.

889. The Member for the Eighth District noted that last year he heard that there were going

to be programmmes developed in the schools. The AgDYAS advised that the

department could not directly implement programmes in the schools and that they

would have to go through the Chief Education Officer to do so. He also noted that the

Physical Education (PE) teachers would have to implement the sports as after-school

programmes and they expected to be compensated for conducting the programmes.

890. The Member for the Eighth District noted that many of the young persons in his

district were just milling around with nothing to do and he wanted to know why the

after-school sporting activities were discontinued. The AgDYAS informed that when

the programmes were set up in the schools, many students caught the bus to go home

and were unable to stay after school to attend and thus the programmes were

discontinued. He noted that one solution was to go directly into the communities and

districts and implement those sports such as was done with base ball and soft ball.

891. The Minister for Education and Culture expressed that the Department of Youth

Affairs and Sports (DYAS) had been greatly understaffed and that the AgDYAS had

been working alone but that there was support staff now in place and so in time the

programmes would be up and running once more.

892. The Member for the Third District enquired what youth affairs were because all he

kept hearing about was sports. The AgDYAS informed that the department had a

youth development programme and that the persons who needed to attend did not do

Page 198 of 330

so. He noted that it was critical for parents to understand what their responsibilities

were to get their children involved in the programmes.

893. The Member for the Third District wanted to know what ages could attend the after-

school programmes. The AgDYAS informed that children from ages five (5) to

eighteen (18) could attend.

894. The Member for the Third District enquired about activities for children who were not

in school. The AgDYAS advised that there was the mentorship programme where

such persons could learn a trade.

895. The Member for the Third District wanted to know how the mentorship programme

was set up. The AgDYAS explained that once a youth showed interest, they would

partner with a company to learn that particular trade. He further explained that the

department paid sixty percent (60%) of their wages and the company paid forty

percent (40%).

896. The Member for the Eighth District noted that there was a similar programme through

the Social Development Department and enquired if there was any partnering

between both departments. The AgDYAS informed that there was none.

897. The Chairman thanked the panel for answering the questions asked by the Members.

Page 199 of 330

HEAD 2545 EDUCATION(ADMINISTRATION)

HEAD 2546 EDUCATION (PRIMARY AND PRE-PRIMARY)

HEAD 2548 EDUCATION (OTHER SECONDARY SCHOOLS)

Present:

Dr. Marcia Potter Ag. Permanent Secretary (Ag. PSME&C)

Mrs. Jillian Douglas-Phillips Ag. Chief Education Officer (Ag. CEO)

Ms. Koreen George Ag. Accounts Supervisor (Ag. AS)

898. The Chairman welcomed all in attendance to the Standing Finance Committee and

asked that they state their names for the record.

899. The Permanent Secretary, Ministry of Education and Culture and the others in

attendance introduced themselves.

900. The Chairman enquired if the panel had a presentation and the panel answered in the

affirmative.

901. The Chief Education Officer (CEO) began by indicating that plans were on the way

for the training of the secondary teachers for CXC and CSEC subjects to begin the

next school term and will continue through August 2013. This is in line with the

initiative for the fifth formers who will be sitting the CXC and CSEC examinations

and as such training must begin promptly.

902. The CEO indicated that in terms of maintenance and upgrading of schools, the

Department of Education was in the process of carrying out a needs assessment for

maintenance of all the Primary and Pre-Primary schools. The Department of

Education indicated that they were awaiting the appointment of the Maintenance

Inspector post, a post which requires revision from its current place on the salary

scale considering the expectations of the post as well as having it renamed to

Maintenance Manager or Facilities Manager.

Page 200 of 330

903. The CEO informed the Committee that the plans to place air conditioners in all of the

schools were in place. She stated that most had already been done and there were

about two more schools remaining to be done. However, as a result of the air

conditioners installed in all schools, the electricity bills had sky rocketed.

Accordingly, the department would be seeking more funds to cover those costs.

Additionally, plans were on the way to have the entire classroom doors fitted with

closed in hinges to ensure maximum performance by the air conditioners. The largest

portion of their maintenance vote thus far went towards plumbing and electrical

related problems.

904. The CEO reported that the maintenance crew needed a new truck which would cost

$45,000.00. This price was based on three (3) quotes received by the department.

905. The CEO reported that the new wing at the Francis Lettsome Primary school had been

completed. She further stated that the Willard Wheatley Primary school was being

looked at for upgrading, as well as air conditioner as well as redoing the perimeter of

the school so that the children can be properly controlled within the school

compound.

906. The CEO stated that the Department of Education needed more staff to cover the

increase in the student population. She further indicated that presently they had 4,000

students and 400 teachers. Within that student population, the CEO indicated that

there were a number of students who had been diagnosed with learning challenges.

As such, the department had to use learning aides/teacher trainees to assist those

students in the schools.

907. The CEO reported that the all teachers who went through the teachers training

programme and received their Bachelor’s degree were upgraded and paid on

November 15, 2012. Those teachers who were not upgraded or paid to date were

those who did studies on their own and returned without giving the department

enough time to seek the posts to be upgraded. Accordingly, the department would be

seeking nine (9) Grade 4 teacher posts for those said teachers.

Page 201 of 330

908. The CEO reported that there was a line in the budget last year for Special Education

and it had proven to be a very good initiative. The fund had covered the purchase of

technological devices for students with special needs, incurred diagnostics and

remediation services for differently disabled students as well as other aides, be they

auditory or otherwise, for students who may have other physical difficulties. She

further stated that with the initiation of the Autism Centre, the MHSD & MEC are

able to collaborate in order to identify signs of those who are on the autism spectrum,

and gain advice from those who are trained in that field. Additionally, due to the rise

in students with special needs that have been encountered, the department would be

seeking additional funding and positions for three (3) Special Education teachers.

909. The CEO indicated that the department was in need of an Educational Statistician and

two (2) Special Education teachers due to the rise in special needs students

encountered this year thus far. In addition the department would like to institute an

initiative called the Master Teacher or Subject Coach Programme where teachers in

the system who have been experienced in teaching of a certain content area would be

used to train other teachers in order to strengthen them in the given areas. These are

positions that are required to ease the load of the education officers within the

department. They further want to introduce the post of an officer who will deal

specifically with school governance and supervision due to the amount of work that

the education officers currently had in their portfolios.

910. The CEO reported that the department had obtained two (2) reading specialists this

year, however more were needed. She further stated that the department had dubbed

this school year the year of literacy. This was due to the fact that they had found that

a substantial amount of the students had a problem with reading. She stated that two

(2) veteran teachers had been placed in those positions to aide those students who are

still at the primary level. The programme had proven to be successful. Additionally,

the department would be requesting two (2) mathematics/numeracy specialists, and

two (2) Special Educations teachers due to the rise of special needs students or

learning deficiencies.

Page 202 of 330

911. The CEO was proud to announce that all of the primary school principals had been

confirmed but they were awaiting their official correspondence.

912. The CEO requested that the following position changes be made in their budget:

Under budget head 2545 Administration, one Administrative Officer be combined

with the three Administrative Officers to read as four Administrative Officers; the

Executive Officer post previously held under head 410 should be reinstated and

placed under head 2545; that the five Data Entry Clerk posts which were removed

from head 400 be returned to head 2545 and be renamed to Learning Support

Assistant posts; the one Learning Support Assistant post under head 2545 be

transferred to head 2546 and eight more posts be given with additional funding of

$140,000.00 which would equal fourteen Learning Support Assistants requested; two

more Education Officers need to be available in order to cover the present work load

at the department, the amount of money requested for the Education Officers is

$120,000.00, although that would not be enough.

913. The CEO further requested that $65,000.00 be made available to cover all payments

for the CXC examinations for all Fifth Form students per the new initiative and that

that amount be placed under head 2545.

914. The CEO indicated that under budget head 2546, pre-primary and primary, the

department would be seeking five (5) additional janitor posts and $100,000.00 for

their wages. The department would also be requesting $200,000 to be allocated to

cover the increase in electricity bills at the primary and pre primary schools and an

additional $100,000.00 should be allocated for air conditioner maintenance.

915. The CEO indicated that under budget head 2548 other secondary schools, the

department would be requesting $60,000.00 to be allocated for security services for

those secondary schools; she also requested $135,200.00 be allocated to cover rent

for the BVI Technical and Vocational School facilities as the annual rent is

$240,000.00 per year.

Page 203 of 330

916. Territorial Member, Archibald C. Christian enquired about the total recurrent

expenditure as it appeared to have a reduction of over $935,000.

917. The FS informed the Committee that the money was indeed re-assigned to the

Ministry level under repairs and maintenance subhead 524000.

918. Territorial Member, Archibald C. Christian noted that subhead 512220 for payroll tax

where he noted that that figure had doubled for the year 2013; however, the personal

emoluments appear the same. He enquired if there was a category of persons that

were not in this schedule that the department was paying pay roll tax for?

919. The CEO advised that there were a number of teachers who were upgraded from

Grade 2 to Grade 4 so there would have been a substantial difference in payroll tax

based on their increase in salaries.

920. Territorial Member, Archibald C. Christian added that that reason would not explain

the fact that the personal emoluments did not change.

921. The CEO advised that she would look into that and revert to the Honourable House.

922. Territorial Member, Archibald C. Christian enquired about subhead 521320 for office

equipment asking why there was such a significant increase.

923. The PSMEC advised that the increase in rent was related to the office equipment for

the outfitting of the Ward building where Student Services would soon be housed.

924. The Member for the Third District enquired about the accreditation status for

secondary schools in the Territory.

925. The CEO advised that the process is well underway and that Mrs. Connie George, the

former Ag. Deputy Principal at the Elmore Stoutt High School, now in the

department, is responsible for ensuring that the process moves forward. She further

stated that Mrs. George was preparing training for principals, education officers and

other designates assigned to be internal coordinators for schools; that training would

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take place December 3 2012. She further advised that Mr. Arthur Albrizio is an agent

assigned to Territory and he would arrive here on December 3 to conduct the one day

training.

926. The Member for the Third District stated that he would have appreciated a more

definitive answer.

927. The CEO further informed the Committee that the self study had begun which meant

that the schools were looking at the 12 standards given by the accreditation body, to

see where they need to improve under the advice of the new accreditation coordinator.

Additionally, the department had begun working on the standards where they had

fallen as a system as they were looking at the systems approach in the first instance.

However, they were recently informed that they should do the school approach

instead; the intention is to have all schools accredited.

928. The Member for the Third District enquired as to when the accreditation would

actually be on stream.

929. The Minister for Education and Culture advised that it was reported to the Ministry

that there were standards reported to the Ministry that the Territory did not meet up

to, the biggest one being the infrastructure at ESHS. He stated that there were

approximately four (4) standards that ESHS failed which all had financial

implications, thus slowing down the process.

930. The Member for the First District stated that in his capacity as the then Minister of

Education and Culture he had advised the Honourable House prior to election time

that the Ministry of Education required five million dollars to begin the accreditation

process in the area of repairs to the school compound. When the Ministry for

Education and Culture received a portion of the money, it was used to refurbish the

bathrooms at the ESHS, among repairs to other public schools. However the ESHS

bathrooms were messed up within four months of having being refurbished.

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931. The Member for the Third District advised that he is aware now that there is an effort

to help the schools reach accreditation, however, it would appear that the reality is

that the Territory was not up to standards physically and programme wise, where

would that fit into the scheme of things as far as priorities are concerned.

932. The CEO advised that accreditation was one of the department’s highest priorities.

933. The Member for the Third District enquired if the Territory was moving towards the

grade system.

934. The CEO advised that the Territory was presently using stages, classes and forms, and

to change from that system would require a policy change.

935. The Member for the Third District enquired if a class was missing from the structure

curriculum as he was under the impression that there were twelve grades, but we

seem to only have eleven.

936. The PSMEC indicated that the system the Territory follows is British which eleven

grades are.

937. The Member for the Third District enquired if under accreditation, would there be a

requirement to adopt a system of grades.

938. PSMEC advised that the Territory would not have to choose a system.

939. The Member for the First District informed Members that accreditation was an

ongoing process, as when it is achieved it must be maintained for generations to come

as the standards must be maintained.

940. The Member for the Third District enquired about the lunch programme.

941. The CEO advised that the lunch programme is ongoing and stated that the Caribbean

Food and Nutrition Institute (CFNI) had visited the Territory in October 2012. She

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stated that they came to analyse the school lunch system; the report would be

forthcoming.

942. The Minister for Health and Social Development voiced his concern about the

nutritional value of meals provided to the students at the ESHS lunch programme.

943. The Member for the First District stated that the Minister’s concern about nutrition

was a valid one. He further stated that from the inception of the programme there was

always a concern that the nutritional aspect would eventually have to be addressed.

However the need to address other social ills that are well documented in regards to

the behaviour of some of our children at the ESHS during lunch time require urgent

attention. Hence this among other reasons formed a significant part in the course of

action to establish the lunch programme. The cost to the Territory to have not

addressed these concerns despite the few short fall of the lunch programme would

have been catastrophic.

944. The Member for the Third District enquired if assessments had been carried out on

the lunch programme to determine the cost of the programme in case the government

wanted to begin running the programme in the future.

945. PSMEC indicated that the CFNI was looking into the cost of lunch as well and the

report which should be received by year end would show this. However, she stated

that the cost varies from one vendor to the other.

946. The Minister for Education and Culture stated that they were exploring ways on how

to reform the lunch programme.

947. Territorial Member Archibald C. Christian enquired about the overall costs of the

lunch programme.

948. The PSMEC indicated that the cost was fixed in the overall school budget and added

that that was an area that needed to be looked into.

Page 207 of 330

949. The Chairman thanked the panel for answering the questions asked by the Members.

Page 208 of 330

HEAD 2547 DEPARTMENT OF CULTURE

Present:

Dr. Marcia Potter Ag. Permanent Secretary, Ministry of Education

& Culture (AgPSEC)

Mrs. Luce Hodge-Smith Director of Culture (DC)

Mrs. Brenda Lettsome-Tye Deputy Director of Culture (DDC)

Mrs. C. Jovita Scatliffe Ag. Finance & Planning Officer, Ministry of

Education & Culture (Ag. FPOEC)

950. The Chairman welcomed the panel and asked if they had a presentation; they

answered in the affirmative.

951. The Director of the Department of Culture gave a brief historical background on the

department and why it began. She indicated some of the achievements for the

department were the Territorial dress and song, draft Cultural Policy was created and

presented to the Minister for approval, the H. Lavity Stoutt holiday celebrations,

Culture Week November 2012 and International Museum Day are a few. She further

stated that they would like to enhance the folk museum, continue the art in the

classroom programme, provide technical assistance to Primary School Music

programme, and continue to produce documentaries. The department hopes to achieve

for 2013 to relocate the Department of Culture to the building on the festival

grounds, to attend Carifesta which would be held in Suriname, stage a creative arts

festival, launch Virgin Island Schools Cultural Committee and to complete some

UNESCO tasks.

952. The Director offered some recommendations for the department; that the Deputy

Director, who was recently charged with maintaining the festival under her portfolio,

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relocate to the office on the festival grounds and manage the festival from there, she

further recommended staff be employed for effective and efficient management.

953. The Director stated that, according to Dr. Angel Smith, the year 2013 would mark

175 years of emancipation for the Virgin Islands. As such, early planning should

begin in order to signify this milestone for the 2013 festival celebrations. She further

proposed that a few government employees work in the festival office leading up to

the festival celebration as was done in 2004 when we celebrated our 50th

Emancipation Celebration. She further recommended that the rest of the culture staff

remain at the Youth Affairs and Sports Office until funds were available to move the

department into its own space.

954. Territorial Member Archibald C. Christian enquired about the cost associated with the

festival celebrations and asked if there a point where all outstanding bills would be

paid off.

955. The PSMEC stated that once the requisite funding was received then they could pay

off all existing bills and move into 2013 with a clean slate.

956. Territorial Member Archibald C. Christian suggested that estimates be obtained early

and planning begins for the upcoming festival. He stated that forward planning with

budget prepared prior to attending the Standing Finance hearings would help in

paying down some of the debt included in the figure.

957. The Member for the Second District enquired about the recommendations for splitting

the department and asked if a policy was drafted for this initiative as yet.

958. The Minister for Education and Culture stated that those were suggestions.

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959. The Deputy Speaker and Member for the Fifth District stated that she could not see

the possibility of a separation because one event could not be a division.

960. The Leader of the Opposition enquired if culture preservation had been explored as he

appreciated seeing Mistress Skelton on the television programme “Then and Now”

talking about how life was in her time. He further stated that that portion of the

Territory’s culture was getting lost.

961. The Director indicated that the department was working on documentaries and would

be making special efforts to approach those who have historical information.

962. The Member for the First District enquired of the amount of money spent on festival

this year.

963. The PSMEC stated that $305,719.51 was outstanding for 2012; the Festival and Fairs

Committee was given $640,000 for all festivals and there was an outstanding amount

from past bills unpaid of $ 240,617.76, this amount was paid from the allotment given

in 2012.

964. The Deputy Director advised that 1.4 million dollars was given this year for all the

bills to date and last year 1.8 million dollars was given; the treasure had the report.

965. The Member for the Fifth District enquired if those figures were reflective of the

national festival, or did it include all the festivals in the Territory.

966. The Deputy Director advised that the figure included all of the festivals in the

Territory.

967. The Chairman thanked the panel for answering the questions asked by the Members.

Page 211 of 330

HEAD 2549 EDUCATION (ELMORE STOUTT HIGH

SCHOOL)

Present:

Dr. Marcia Potter Ag. Permanent Secretary, Ministry of Education,

Ministry of Education & Culture and Culture

(AgPSEC)

Mrs. Jillian Douglas-Phillips Ag. Chief Education Officer (Ag. CEO)

Mrs. Vanessa Garraway Ag. Deputy Principal (Ag.DPESHS)

Mrs. C. Jovita Scatliffe Ag. Financial and Planning Officer

(Ag.FPOMEC)

Mr. Pete Smith Senior Administrative Officer, (ESHS) Elmore

Stoutt High School (SAO/ESHS)

968. The Chairman welcomed all members of the panel and asked if there was a brief

presentation by the panel, they answered in the affirmative.

969. The Ag. DP advised Members that the cost for electricity bills were a challenge at the

school. She advised members that the school received a letter from the BVI

Electricity Corporation dated November 6, 2012 which stated that the ESHS owed

$683,612.15 as of October 31, 2012 included unpaid bills from 2011. She further

stated that they would require $800,000.00 to cover billings until year end. She added

that going forward at this rate which now includes the 32 air conditioners installed

and activated at the school, the estimate for 2013 electricity bills would exceed

$500,000.00.

970. The Ag. DP advised that the school has exhausted the security subhead and owes the

security agency $116,000.00 by year end. However, the security firm has vowed to

Page 212 of 330

keep their staff in place. She added that moving forward; the school would need

$355,000 so that this does not repeat itself.

971. The Ag. DP advised members that the student transportation was the same scenario

and thus they were unable to sign contracts with the drivers as they were uncertain

that funds would be available to pay them. They were presently proceeding on a

month by month basis. The Ag. DP stated that the resolution of this matter would be

to reinstate the 2011 appropriation of $351,000.00.

972. Member for the First District enquired about the total of the request to which the Ag.

DP replied was 1.5 million dollars.

973. Territorial Member Archibald C. Christian enquired about which portion of that

above figure was owed to the BVIEC for 2012. The Ag. DP advised that $483,000.00

was for 2012.

974. Territorial Member Archibald C. Christian enquired if any had been paid. The Ag.

DP advised that the full appropriation allotted for the year 2012 was paid back in

April, in the amount of $200,000.00.

975. Territorial Member Archibald C. Christian enquired if the air conditioners were the

reason for the high electricity bills.

976. The Ag. DP indicated that the bills were already high prior to the activation of the air

conditioners.

977. Territorial Member Archibald C. Christian enquired about the use of fans in the

classrooms.

Page 213 of 330

978. The CEO stated that the ceiling and wall fans did not meet the needs of all the

students. Further, the fans would disappear after installation and ceiling fans were

often destroyed. She further stated that they also had a problem with the maintenance

of the standing fans.

979. The PSMEC stated that when the programme was started, there were standards put

together for the vendors in terms of what we wanted them to provide for the students.

Environmental Health had training with the vendors as well.

980. The Deputy Speaker and Member for the Fifth District suggested that there be a

chartered programme for the vendors to follow especially with the different health

related diseases that are related to the diet of our children.

981. The Member for the First District enquired if the lunch programme helped with the

reduction of fights and the bullying on the ESHS campus.

982. The Ag, DP stated that they had found that the junior section was a bit unsettled but

that having them separated has helped to minimise the fighting and the bullying of the

younger students. She added that they were studying to see if the lunch hour should

be shortened.

983. The Member for the First District enquired about the monitoring of the campus during

the lunch hour.

984. The Ag. DP stated that there were no teachers assigned to monitor the students during

lunch time, they use the guards and have some teachers who volunteer with the

monitoring.

985. The Member for the First District indicated his hope that the monitoring of the lunch

programme during lunch would be implemented by January 2013.

Page 214 of 330

986. The Chairman thanked the panel for their presentation and for answering the

questions asked by Members.

Page 215 of 330

HEAD 2550 LIBRARY SERVICES

Present:

Dr. Marcia Potter Ag. Permanent Secretary (Ag.PSEC)

Ms. Suzanne Greenaway Chief Librarian (CL)

Mr. Orlando Thomas Accounts Officer II/Library Services

987. The Chairman welcomed the panel and asked if they had a presentation; they

answered in the negative.

988. As there were no questions the Chairman thanked the panel for appearing before the

Committee.

Page 216 of 330

HEAD 2551 PRISON

Present:

Dr. Marcia Potter Ag. Permanent Secretary (Ag.PSMEC)

Mr. Charles Forbes Deputy Superintendent (DSHMP)

989. The Chairman gave her condolences to the panel on the death of the Superintendent

of the Prison, Mr. Richard Holder. She then asked if the panel had a presentation.

990. The PSMEC indicated that, with the recent passing of the Superintendant, Mr.

Charles Forbes was not prepared to present to members. However, she wanted to

state that the prison was in great need. She stated that the number of inmates had

increased and space was scarce and they needed to look at a physical plan. She

further stated that they need to look at healthcare for inmates considering that the

hospital was now under the Health Services Authority. She lastly stated that the

prison was in dire need of a truck.

991. The Member for the First District said that they would leave this department to the

Minister as it was a very sensitive topic. Territorial Member Archibald C. Christian

concurred and wished Mr. Forbes the best in dealing with the prison.

992. The Chairman thanked the panel for appearing before the Committee.

Page 217 of 330

Head 2652 Ministry of Health and Social Development

Present:

Mrs. Petrona Davies Permanent Secretary (PSHSD)

Mrs. Carolyn Stoutt-Igwe Deputy Secretary (DSHSD)

Dr. Irad Potter Chief Medical Officer

Ms. Kisha Donovan Finance Officer (FOHSD)

993. The Chairman welcomed all members on the panel and asked if there was a brief

presentation for members; they answered in the affirmative.

994. The PSMHSD mentioned that the Ministry had been working on a lot of projects,

several policy documents and 15 pieces of legislation, all of which are listed in the

brief provided by the panel. As they move forward in 2013, the PSMHSD said the

ministry intends to develop a five (5) year health plan to chart the course for the

health and social sector inclusive of social sector analysis, healthy aging and a

national action plan for the children. She further indicated that the ministry had a very

active capital programme which included the completion of Peebles Hospital, the

Adina Donovan Home, the Iris O’Neal Clinic on Virgin Gorda, and will soon be

completing the North Sound Community Centre.

995. The Deputy Speaker and Member for the Fifth District enquired if there were any

plans underway to prevent health issues as it pertains to healthy eating and healthy

living since.

996. The PSMHSD stated that there is a nutrition committee looking at finalising the

national nutrition policy. They are working on promoting food and nutrition in the

schools, a policy which would have to be spearheaded by the Ministry of Education

and Culture. As it pertains to the community nutrition, they would be looking to form

Page 218 of 330

district committees and work with persons to develop programmes to reach out to

persons in their environment.

997. The Deputy Speaker and Member for the Fifth District enquired if they had planned

to work with chefs and restaurants as they are the ones who prepare the foods.

998. The PSMHSD indicated that the Chronic Disease Strategy calls for action across the

whole society including the business sector, it also calls for changes in legislation that

would penalize those who made use of unhealthy products and it calls for

empowering the individual. She further stated that they want to promote easy access

to healthier choices by making them more affordable and making unhealthy choices

less accessible so consumer habits can change. They would look to mobilise

community groups to take forward the effort, in the business sector they would look

at the concept of healthy workplaces.

999. The Deputy Speaker and Member for the Fifth District enquired how community

groups would be utilised.

1000. The DSMHSD explained that Caribbean Wellness Day had been celebrated for the

past few years and committees had been coordinated on the district level. The plan

would be to work with those existing groups and create a pilot group of

approximately three (3) persons. The results have been good.

1001. The Member for the Second District enquired if the Special Needs Programme was

the same programme as the one at Social Development.

1002. The PSMHSD indicated that the progamme was not the same as in Social

Development; the programme was managed by the ministry and is used primarily for

medical assistance.

Page 219 of 330

1003. The Member for the Second District enquired about the youth secondary schools

health survey noted in the brief given by the panel on page 11.

1004. The CMO stated that that was an initiative by the National HIV/AIDS Programme

that concentrated on knowledge, attitude, skills and practices among our school age

teenagers ages 13-15. He stated that the survey was still being analysed and that the

results were not yet available.

1005. The Member for the Second District enquired if these were sexually active 13-15 year

olds.

1006. The CMO answered in the affirmative and stated that earlier they did a survey that

indicated that children were active at age nine. He further stated that in 2009 they

conducted a global health survey which indicated that among student who ever had

sexual intercourse before the age of fourteen years, among the boys it was 88% and

among the girls it was 59%.

1007. The Member for the Second District enquired about the Sandy lane Center and

enquired if the programme was still effective.

1008. The PSMHSD stated that they do not have a residential programme so those who

have relapses may do better if they were referred to a full residential programme. She

further stated that they were working on proposals to present to Cabinet in the near

future. No additional funding would be requested for those proposals at present.

1009. The PSMHSD informed the Committee that they were assigned the government

vessel the MV Vigilant and stated that once repaired it would be transferred to Virgin

Gorda and used for medical evacuation purposes. The operating costs through 2013

Page 220 of 330

would be $147,800.00. The figure includes three (3) licensed local captains being

paid an on-call allowance.

1010. The Minister for Education and Culture enquired when the vessel would be fully

operational.

1011. The PSMHSD advised that the vessel was scheduled to be up and running in the next

two (2) weeks at which time the ministry would have the vessel cleaned and painted.

1012. The Minister for Health and Social Development advised that a definitive answer

could not be given at this time.

1013. The Member for the Second District enquired about the status of Peebles Hospital.

1014. The PSMHSD stated that the construction works were progressing on schedule slated

for completion August 2013.

1015. The Member for the Second District enquired about the status of the National Health

Insurance.

1016. The CMO stated that the programme should be up and running by early next year.

1017. The Member for the Second District enquired about the contributions that would be

required to be made to the programme.

1018. The CMO indicated that the programme will be a mandatory contributory programme

for employees and employers of 3.75 % each, totaling 7.5%.

1019. The Deputy Speaker and Member for the Fifth District enquired if the Health Services

Authority would remain in existence.

Page 221 of 330

1020. The CMO stated that it would remain in existence as it is the body that delivers the

care in the public sector. The Social Security Board through the National Health

Insurance would be paying the bills.

1021. The PSMHSD explained that currently the HSA receives a subvention from the

government. Under the NHI, the NHI fund would be paid based on billed services.

As such, a rate for specific types of services would be negotiated and the health

services providers would submit their invoices to the NHI to pay the cost of care

provided. She further stated that a critical component of getting the NHI on stream

would be the implementation of a health information system and the capital cost

would be $932,000.00. She stated that it would be vital for that system to be in place

in order for that system to be launched.

1022. The PSMHSD indicated that there would be a media blitz will be done to inform the

public about the NHI over the next three (3) weeks.

1023. The PSMHSD indicated that there was one omission and two corrections that she

wished to make to the printed budget. The omission was the operational expense to

the Autism Programme as they were able to attract funding from Barbados in the

amount of $381,529.00 from the Maria holder Memorial Trust. She further stated that

they would require $63,301.00 from the local government in order for the programme

to continue. The two corrections were where it is stated under the heading “Staffing

resources” and it indicates one SAO it should read two and Programme Supervisor

should be changed to read Programme Director.

1024. The Minister for Health and Social Development indicated that they were about to

sign a contract with Avalyn Potter doing business as AR Potter and Associates for the

design of the Iris O’Neal Clinic. The top part of the North Sound Community Centre,

phase one was 98% completed. He further stated that the top part of the North Sound

Community Centre would be re-designed to accommodate more people for different

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events, and clearance was received for that. He also stated that he had asked the MOF

to put in a line item for a helipad in Jost Van Dyke.

1025. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 223 of 330

HEAD 2653 ADINA DONOVAN HOME

Present:

Mrs. Petrona Davies Permanent Secretary (PSHSD)

Mrs. Carolyn Stoutt-Igwe Deputy Secretary (DSHSD)

Ms. Janet George Manager, Adina Donovan Home (MADH)

Ms. Keisha Donovan Finance Officer (FOHSD)

1026. The Chairman welcomed the panel and asked if there was a brief introduction.

1027. The Manager gave a brief breakdown of the staff complement and residents of the

home. She stated that the residents were elderly and disabled people. They house

twenty four residents who are mobile and semi-mobile and have a staff of 34 persons.

She further stated the major challenges of the home was getting of the residents up

and down the ramp, the competencies of the geriatric aides, financial constraints in

the area of nutrition. Their goals for 2013 is that they would like to develop a quality

health care service that would help to improve the quality of life for the residents,

they would like to develop and implement a formal recruitment policy for the staff,

they would like to develop and implement a formal recreational programme, they

would like to continue delivering holistic care to the residents, they would like to

implement formal complaint processes, they would like to create a procedural

manual to govern the care of the residents in the home.

1028. Territorial Member Archibald C. Christian enquired of the financial constraints

regarding the nutrition.

1029. The Manager explained that the cost of healthy eating is very costly and poses a

challenge. The Minister for Health and Social Development ensured an additional

$15,000.00.

Page 224 of 330

1030. The PSMHSD indicated that there was a correction under “Staffing Resources” one

post of Attendant should be changed to one post of a Cleaner.

1031. The Chairman thanked the panel for their presentation and for answering the question

asked by the Member.

Page 225 of 330

HEAD 2654 DEPARTMENT OF WASTE MANAGEMENT

Present:

Mrs. Petrona Davies Permanent Secretary (PSHSD)

Mrs. Carolyn Stoutt-Igwe Deputy Secretary (DSHSD)

Mr. Greg Massicot Ag. Manager (Ag.MSD)

Ms. Kisha Donovan Finance Officer (FOHSD)

1032. The Chairman welcomed the panel and asked if there would be a brief presentation.

The Ag. Manager did not make a presentation.

1033. Territorial Member Archibald C. Christian enquired about the schedule of burning on

the Sister Islands.

1034. The Ag. Manager advised that there was a schedule prepared for each island for

burning and he assumed that a schedule was made available to the public.

1035. The Member for Second District enquired how often the garbage dump site on Jost

Van Dyke is sprayed to prevent the flies.

1036. The Ag. Manager advised that fly bait it used every two weeks, however the flies

have appeared to build up a resistance to that bait and thus stronger bait should arrive

in two weeks.

1037. The Member for the Eighth District enquired if there were any plans to fog in the

Greenland area as there had been an outbreak of dengue fever in that community.

1038. The PSMHSD advised that the Environment Health Department is responsible for

fogging and that they were aware of the high incidents of dengue in the east. They

Page 226 of 330

realised that many properties have containers of water in their yard, which breed

mosquitoes. She further advised that efforts were on the way for a house to house

campaign by the department.

1039. Earlier in the session, the Member for the First District express concern over the

amount of funding that is being allotted toward the Airport Project when it appeared

that that project had not met the standards of the financial protocols. He further made

a plea to the Premier to utilise funds for the project for other agencies that requested

additional funding such as the Tourist Board, the Education Department and the

college to name a few.

1040. The Chairman thanked the panel for answering the questions asked by the Members.

Page 227 of 330

HEAD 2655 SOCIAL DEVELOPMENT DEPARTMENT

Present:

Mrs. Petrona Davies Permanent Secretary (PSMHSD)

Mrs. Carolyn Stoutt-Igwe Deputy Secretary (DSHSD)

Annie Malone-Frett Chief Social Development Officer (CSDO)

Carmen Rabsatt Administrative Officer (AO)

Kisha Donovan Finance Officer (FOHSD)

1041. The Chairman welcomed the PSMHSW and her team and asked them to state their

names for the record to which they complied.

1042. The DSDD stated that she would like to identify four main areas OF FOCUS OF

2013 for the SDD. The four areas are:

1. Legislation – to primarily focus on areas of adoption and juvenile justice and

look at augmenting the current Children and Young Persons Act to include

issues such as denial of parental right which would be an entry under adoption.

2. Standards and Procedures- to specifically look at developing standards and

procedures in two areas such as Foster Care and Elder Care.

3. Training - Developing a partnership with HLSCC to go towards certification

this will be specifically for persons who work in foster care or providing home

care.

4. Social Programming

1043. The Member for the First District asked if the SDD is involved in the formation of the

Youth Policy, given that the Department has daily dealings with youths in what he

terms difficult situation and if the Department is involved how involved.

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1044. The DSDD stated that to date she has not seen any correspondences or anything

coming across her desk in terms of anyone from the Department sitting on the

committee. She is sure there will be cross ministry consultation once the policy is

developed.

1045. The Member for the First District stated that he is putting to the Premier that at this

early stage to get SDD involved. He does not want to see the report completed and

then approved and certain key components, which he will not list, are not involved.

1046. The Member for the First District enquired about the home care and sought clarity on

whether or not it is the intention of the SDD to establish standards and legislations in

that area.

1047. The DSDD answered yes.

1048. Territorial Member Archibald C. Christian noted that the SDD has a list of goals that

they would like to accomplish in 2013 and asked if the budget reflects the goals they

hope to accomplish.

1049. The DSDD answered that everyone was given a specific amount of monies that they

were asked primarily to work within. While she understands that when one looks

particularly at the issue of the elderly and the senior citizen programmes there are

certain things that necessarily would have to come into play especially when you look

at the type of illnesses or type of social care that the elderly will be requiring, she

don’t think that any department would say that they have sufficient funds. However,

whatever the department intends to do does not have to happen specifically in 2013;

but could be done incrementally.

1050. Territorial Member Archibald C. Christian stated that as he looks at the SDD vote he

wants to ensure that whatever the SDD undertakes will be funded and implemented

properly. He further asked what does “expanding children in conflict with the law”

entails.

Page 229 of 330

1051. The DSDD answered that they are looking at how best they could set up programmes

within each community in the community centers that would look at prevention

programmes for youths and also residual programmes for youths who are in conflict

with the law. It is more like group counseling or group supportive type activities.

1052. Territorial Member Archibald C. Christian enquired about the Development of a

national action plan for Children.

1053. The DSDD stated that there is a framework for that; it was done in consultation with

the Governor’s Office. It is only a matter of fine tuning it to specifically deal with

their situations.

1054. Territorial Member Archibald C. Christian also enquired about restructuring

operations of the senior citizens programme and what it entails in terms of

restructuring. He also stated that seniors are an important part of the Community and

he wants to ensure that they are afforded all the programmes possible for them to

enjoy the rest of their lives.

1055. The DSDD stated that there are eight senior citizens programmes and there are some

quick win things that could be done at this particular point. The SDD has already

done an assessment that has proven that there are certain things that could be done to

put more life in the programme. Beginning January 2013 they will be looking at the

operations hours since they currently go from 10am to 2pm and this poses a problem.

They propose to start the programmes at 9am to 4pm which takes into consideration

persons who are able to drop off and pickup their senior persons from the programme.

It will also cut down on the SDD having to pay transportation for them to attend the

programmes.

1056. The DSDD further stated that they are looking at how best they could combine

kitchens since each programme has its own kitchen that is running the SDD a pretty

penny. They are looking at how they could combine like areas and have the food

shuttled out to the seniors.

Page 230 of 330

1057. The Territorial Member Archibald C. Christian asked if the SDD is able to undertake

the three programmes he highlighted without any major financial problems.

1058. The DSDD answered yes because it is only a matter of switching things around.

1059. The Member for the Sixth District asked if the SDD should be given more power

when it comes to child abuse cases.

1060. The DSDD answered that the 2005 Children and Young Persons Act spells out the

process that once a report is made what should ensue. The process states that the

Police are the first responder and have the authority to remove not the department. It

was frame in a way because of what can be involved in that particular instance. If a

child is removed or the department receives a report then they call police or vice versa

because the department works in tandem with the police. The child could be

removed and placed in a protection of safety for thirty six hours prior to going to

court to get a court order to get a legal removal. However, that is not the biggest

problem; the biggest problem is once a child is removed the department has three to

six months to try to put the family back together and that is not always possible. At

that particular time one must asked if the child should languish in the system or do

they free the child up to be placed in a home where the child could be nurtured. That

is where she spoke about denial of parental rights which currently does not pertain in

the current piece of legislation that gives the authority to work on children who are at

risk.

1061. The Member for the Sixth District suggested that that piece of legislation needs to be

changed.

1062. The DSDD stated that there were preliminary discussions that the SDD wants to

strengthen the 2005 piece of legislation to look at how best they could incorporate all

of those things.

Page 231 of 330

1063. The Member for the Sixth District stated that she does not like the process with the

police because it takes too long and eventually the child ends up returning to the same

situation.

1064. The Member for the First District thanked the DSDD for her hard work they are doing

and to continue to do their best and wishes them all the best as they serve the territory.

1065. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Ministers.

Page 232 of 330

HEAD 2756 MINISTRY OF COMMUNICATIONS AND

WORKS

Present:

Mr. Gary Penn Deputy Secretary (DSMCW)

Mr. Anthony McMaster Deputy Secretary (DSMCW)

Mrs. Perline Scatliffe-Leonard Human Resources Manager (HRMMCW)

Mrs. Margaret Jones-Greene Finance and Planning Officer (FPOMCW)

Ms. Diane Todman Finance Officer (FOMCW)

1066. The Chairman welcomed the group and asked that they state their names, position and

Department which they represented.

1067. The Member for the Third District noted that Mr. Penn introduced himself as Deputy

Secretary and enquired as to the whereabouts of the Permanent Secretary.

1068. The Minister for Communications and Works stated that the Acting Permanent

Secretary was on study leave.

1069. The Member for the Third District enquired as to the status of the Deputy Secretary.

1070. The Deputy Secretary stated that he is the Deputy Secretary and that he was filling in

until recruitment for a Permanent Secretary had commenced.

1071. The Member for the Third District enquired whether the Deputy Secretary had an

appointment for the post of Permanent Secretary.

1072. The Deputy Secretary responded in the negative, but added that as far as he was

aware, a recommendation had been made for him to act.

Page 233 of 330

1073. The Minister for Communications and Works stated that the Deputy Governor had

relayed that that particular appointment should be finalised shortly and that the

Deputy Secretary would be acting.

1074. The Deputy Secretary recalled that the Ministry for Communications and Works is

dedicated to ensuring the development and the maintenance of public infrastructure in

keeping with international standards so that public utilities are reliable and affordable

in support of an enhanced community life for every resident and visitor in the Virgin

Islands.

1075. He added that over the past year, the Ministry had been engaged in the Central

Administration Complex remediation project, the Crafts Alive Project and the

Methodist Manse Road and the ongoing sewage project.

1076. The Member for the Second District sought clarity from the Minister for

Communications and Works on whether the appointment is to be made or if Mr. Penn

is supposed to be appointed.

1077. The Minister for Communications and Works stated that Mr. Penn should be

appointed as Acting Permanent Secretary.

1078. The Leader of the Opposition enquired as to the number of staff in the Ministry of

Communications and Works.

1079. The Human Resources Manager stated that there were 33 established and 3 non-

established positions for a total of 36 positions and of that 33 persons were employed.

1080. The Member for the Second District enquired as to who advertised the vacancies,

whether it was the Department itself of the Ministry.

1081. The Human Resources Manager stated that positions from Grade 1 through 7 were

advertised by the Ministry of Communications and Works because they were under

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the devolution; whereas, positions from Grade 8 through 21 would be advertised

through the Department of Human Resources.

1082. The Chairman thanked the panel for answering the questions asked by the Members.

Page 235 of 330

HEAD 2757 FACILITIES MANAGEMENT UNIT

Present:

Mr. Gary Penn Deputy Secretary (DSMCW)

Mr. Anthony McMaster Deputy Secretary (DSMCW)

Mr. Ariel Donovan Facilities Manager (FM)

Mrs. Perline Scatliffe-Leonard Human Resources Manager (HRMMCW)

Mrs. Margaret Jones-Greene Finance and Planning Officer (FPOMCW)

Ms. Diane Todman Finance Officer (FOMCW)

Ms. Suaeco Harrigan Ag. Accounts Officer (AOFMU)

1083. The Chairman welcomed the Facilities Manager and his team to the Standing Finance

Deliberations and asked that they state their names, positions, and the department they

represent.

1084. The Facilities Manager stated that the Facilities Management Unit is responsible for

the general upkeep and maintenance of the Central Administration Complex. He

stated that over the years there had been a number of issues which continues into

2012. He noted that the roof of the Central Administration Complex was one such

issue but informed that completion is in the final stages. He informed that the air

quality in the Central Administration Complex continues to be a problem and that his

Unit was working diligently to control and minimise the growth of mold in the

building. The Facilities Manager reported that flooding of the east parking lot was

rectified and thanked the Honourable Ministers for assisting in acquiring the funds.

He also thanked Public Works for their expertise.

Page 236 of 330

1085. The Facilities Manager stated that his Unit would like to begin replacing seven of the

eighteen air handler units in the 2013. He informed that the fire protection system is

currently outdated and would need to be upgraded.

1086. Territorial Member Archibald C. Christian enquired as to how often the Facilities

Manager did an inspection on the Central Administration Complex to ascertain what

items needed to be replaced or repaired.

1087. The Facilities Manager stated that the Facilities Management Unit has a maintenance

supervisor who is basically responsible for daily inspections and issuance of job log

for repairs.

1088. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 237 of 330

HEAD 2758 CIVIL AVIATION

Present:

Mr. Gary Penn Deputy Secretary, Ministry of Communications

and Works (DSCW)

Mr. Anthony McMaster Deputy Secretary (DSMCW)

Mr. Andrew St. Hilaire Acting Director, Civil Aviation (AgDCA)

Mrs. Perline Scatliffe-Leonard Human Resources Manager (HRMMCW)

Mrs. Margaret Jones-Greene Finance and Planning Officer (FPOMCW)

Ms. Diane Todman Finance Officer (FOMCW)

1089. The Deputy Secretary stated that the Civil Aviation Department is proposing to

finance the salaries of one of the officers who were resident within the Ministry of

Communications and Works. He informed that the role of that Department had been

contracted out and was being taken care of via contract with ASSI.

1090. The Chairman thanked the panel for their presentation.

Page 238 of 330

HEAD 2759 FIRE SERVICES

Present:

Mr. Gary Penn Deputy Secretary, Ministry of Communications

and Works (DSCW)

Mr. Zebalon McClean Chief Fire Officer, Fire Services (CFO)

Mrs. Perline Scatliffe-Leonard Human Resources Manager (HRMMCW)

Mrs. Margret Jones-Greene Finance and Planning Officer, Ministry of C&W

Ms. Joann Barzey Accounts Officer, Fire Services

Ms. Dian Todman Accounts Officer, MC&W

Ms. Joann Barzey Accounts Officer II (AOII)

1091. The Chairman welcomed the panel to the Standing Finance Committee deliberations

and asked that they state their names, positions and department they are representing.

1092. The Chief Fire Officer gave an overview of the Department’s achievement for 2012

which was the acquisition of a new locally trained Chief Fire Officer.

1093. The Chairman congratulated the Chief Fire Officer.

1094. Territorial Member Archibald C. Christian noted that there was a request for a new

fire tender and asked where was the fire tender coming from and where would it be

stationed.

1095. The Chief Fire Officer stated that the submission for the fire tender is a new step that

the Department hopes to take. He added that new fire tenders cost upwards of

$550,000 but that it was the Department’s intention to order a vehicle and have it

fitted with the necessary equipment and the necessary seating capacity for the Fire

Officers. He added that this would not only save the Government and Service a great

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deal of money but would be able to accomplish the same task of a specially designed

vehicle.

1096. Territorial Member Archibald C. Christian enquired where this vehicle would be

coming from and how is the fitting going to be done.

1097. The Chief Fire Officer stated that the vehicle would be from the United Kingdom and

the fittings would be done locally.

1098. Territorial Member Archibald C. Christian enquired as to the make and model.

1099. The Chief Fire Officer informed the Committee that the Department was looking at a

Bedford.

1100. Territorial Member asked where the particular fire tender would be stationed.

1101. The Chief Fire Officer informed that the fire tender would be stationed at the Road

Town Fire Headquarters.

1102. The Leader of the Opposition asked the Chief Fire Officer if the recommendation for

the Bedford was put up to the Minister and was approved by the Government.

1103. The Chief Fire Officer stated that the proposal was sent to the Minister but the details

were still being sorted out.

1104. The Member for the Second District noted that he was looking at the allotment for the

vehicle in 2012 and mentioned that the vehicle would cost $550,000. He added that

the Chief Fire Officer stated that the vehicle would be fitted locally and wondered

whether he was getting just the body because the comparison between a $100,000 and

$500,000 to have the vehicle fitted locally seemed to be giving him a little problem

and wondered if the Chief Fire Officer could clarify.

1105. The Chief Fire Officer stated that a brand new fire truck designed specifically for the

purpose of fire fighting and rescue with all new equipment including ladders, hoses

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and a redesigned chassis and suspension system, taking all those into consideration

would cost upwards of $550,000. He added that a vehicle that has the same design

chassis and suspension system can be ordered at a cost much lower that. He stated

that the fittings themselves made of metal fiberglass and wood can be installed for a

much cheaper price.

1106. The Minister for Health and Social Development stated that he understood the Chief

Fire Officer wanting to get the tender cheaper, but enquired what would happen if

something goes wrong and the truck comes apart. He added that he totally understood

the Chief Fire Officer’s intention but stated that he would be putting people to do

things that they are not certified to do.

1107. The Minister for Communications and Works suggested that the figure remains there,

but the Ministry and the Fire Department would get together to conduct a review of

what is being proposed.

1108. The Member for the Fifth District enquired as to the number of trucks the Fire

Department currently had.

1109. The Chief Fire Officer stated that they had three major response vehicles. He added

that the Department had a rescue tender and 2 smaller attack trucks for a total of six

major appliances to respond to fires with.

1110. The Member for the Fifth District enquired as to their distribution.

1111. The Chief Fire Officer informed that one truck was stationed on Jost Van Dyke, one

on Anegada and one on Virgin Gorda. He added that two of the other trucks are at

headquarters, one at West End and one for East End.

1112. The Member for the Fifth District enquired as to how old the trucks were.

1113. The Chief Fire Officer stated that the oldest one is about six years old and could not

say for the other newer truck.

Page 241 of 330

1114. The Leader of the Opposition enquired from the Chief Fire Officer what constituted a

large number of calls.

1115. The Chief Officer Stated that to date the Department received five hundred and forty

eight dollars calls – five to building fires, two to boat fires, twenty eight vehicular

fires, sixty eight bush fires, two hundred and five medical calls, and two hundred and

forty of other calls – false alarms and other fire related calls.

1116. The Leader of the Opposition sought clarity on what are considered medical calls.

1117. The Chief Fire Officer explained that medical calls are when the Department is called

upon to assist with or help to stabilise a situation in which someone is ill or injured.

1118. Territorial Member Archibald C. Christian asked if any progress had been made on

the National Calling Handling Center.

1119. The Chief Fire Officer informed that to the best of his knowledge the logistics for

establishing that system has been moved to the Ministry of Health.

1120. The Minister for Communications and Works congratulated the Chief Fire Officer on

his appointment and for his enthusiasm in doing his work and look forward to a

successful working relationship.

1121. The Chairman thanked the panel for answering the questions asked by Members.

Page 242 of 330

HEAD 2760 WATER AND SEWERAGE

Present:

Mr. Gary Penn Deputy Secretary, Ministry of Communications

and Works (DSCW)

Mr. Anthony McMaster Deputy Secretary (DSMCW)

Mr. Bernard Grant Acting Deputy Director (Ag. DDWSD)

Mrs. Perline Scatliffe-Leonard Human Resources Manager (HRMMCW)

Mrs. Margret Jones-Greene Finance and Planning Officer, Ministry C&W

Ms. Dian Todman Finance Officer, Ministry of C&W

1122. The Chairman welcomed the Acting Deputy Director to the SFC deliberations and

asked that he state his name, position and department that he represented for the

record and he complied.

1123. The Member for the Second District asked the Acting Deputy Director for

clarification of his post at the Department of Water and Sewerage.

1124. The Ag. Deputy Director reiterated that he was the Acting Deputy Director at the

Water and Sewerage Department.

1125. The Minister for Communications and Works confirm that Mr. Grant is the Acting

Deputy Director.

1126. The Member for the Second District stated that as far as he knows, someone should

not be kept in an acting position for such an extended period of time. He added that as

far back as he knows, the Acting Deputy Director was basically trained and bred to

head a department from the time that he was in school and after all these years, nearly

15 years, he is still only Acting Deputy, at least not Deputy. He enquired why this

practice continues to happen to our people.

Page 243 of 330

1127. The Minister for Communications and Works stated that he agreed with the Member

for the Second District. He added that there is a process in train to regularise his

position.

1128. The Member for the Third District enquired of the Director.

1129. The Minister for Communications and Works responded that the Director is on leave

and that the Ministry is in the process of appointing an Acting Director.

1130. The Member for the Second District enquired from the Chairman of the long standing

tradition of the Council which he stated if an officer is on leave and the SFC

deliberations has commenced, the officer is summoned back to work for this exercise.

1131. The Minister for Communications and Works stated that at the end of his vacation,

the Director of Water and Sewerage contract/appointment will be ended.

1132. The Member for the First District thanked the Minister for Communications and

Works for the work that he has done to improve the water situation in the First

District to date. He added that it is not where is should be but it is a lot better. He

asked what progress had been made so far with remedying the water situation in the

Carrot Bay and Zion Hill area.

1133. The Acting Deputy Director stated that on the western end of the island, the

Department continues to experience a tremendous shortage of water due to the

inadequacy of the existing plant at Carrot Bay. He added that the Department has

installed a pump station at Cox Heath that would help to supplement the water supply

on the western end from the Sea Cows Bay supply. He stated that the areas of

Capoons Bay and Carrot Bay have feared much better than the western end of West

End. However, he added, the last few days the Department has been experiencing

additional problems at the desalination plant at Capoons Bay in which the Water and

Sewerage Department is in talks with the owner of the plant to remedy the situation.

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1134. The Member for the Third District enquired whether Water and Sewerage have funds

at this late stage in the year to repair damages to roads due to repairs on their system.

1135. The Acting Deputy Director responded in the negative and explained that the Subhead

for that particular work required had been depleted.

1136. The Member for the Third District ascertained from the Acting Deputy Director if

there is any indication, any hope that the damages that they have done on the roads

will be repaired before year’s end.

1137. The Acting Deputy Director stated that one of the things that the Department has been

trying to do is to collaborate with the Ministry to remedy the situation as quickly as

possible.

1138. The Minister for Communications and Works stated that it is a concern for the

country and as soon as Water and Sewerage puts a proposal to the Ministry, they will

try to fund it to make it a reality before year’s end.

1139. The Member for the First District questioned the Acting Deputy Director whether he

feels that the budget is adequate to carry out the mandate that is expected of him.

1140. The Acting Deputy Director stated that the budget was decreased for 2012 and that he

has not seen the final draft for 2012.

1141. The Chairman thanked the panel for answering the questions asked by the Members.

Page 245 of 330

HEAD 2761 DEPARTMENT OF MOTOR VEHICLES

Present:

Mr. Gary Penn Deputy Secretary, Ministry of Communications

and Works (DSCW)

Mr. Anthony McMaster Deputy Secretary (DSMCW)

Ms. Lorna Christopher Commissioner of Motor Vehicles (CMV)

Dr. Drexell Glasgow Chief of Infrastructural Planning, Research and

Development (CIPRD)

Mrs. Perline Scatliffe-Leonard Human Resources Manager (HRMMCW)

Mrs. Margaret Jones-Greene Finance and Planning Officer (FPO)

Ms. Dian Todman Finance Officer, Ministry of C&W

1142. The Chairman welcomed the panel representing the Department of Motor Vehicles

and asked that they state their names, position and department represented for the

record.

1143. The Commissioner of Motor Vehicle informed the Committee that the Department

had computerised its entire written test such as drivers license, taxi, livery, and is in

the process of reviewing with a view to revising the general driver test. She added that

the mechanical inspectors are now in an enclosed area that has created an

administrative atmosphere.

1144. The Commissioner stated that the Department has seen an increase in the purchasing

of license plates and in particular the personalised license plates. She informed that

two professional plates were sold at $400 each and seven personalised at $1,000 each.

She added that the Department had been working towards having all vehicles entered

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into a database, but due to the volume of work and limited manpower, the process

continues to be demanding.

1145. The Commissioner informed the Committee that during 2013 the Department will

update its written test, namely general license, taxi and livery, update the road safety

manual, have all forms placed on the Government’s website, prepare a taxi and livery

manual, hire an additional mechanical inspector and review the Road Traffic Act.

1146. The Commissioner reported statistically the number of vehicles licensed. She stated

that there were 11, 020 licensed vehicles on Tortola including Jost Van Dyke and

Anegada, and 1,477 on Virgin Gorda for a total of 12, 497. She added the total

drivers license issued thus far up to October were 701; total drivers license renewed

6,185; and temporary drivers’ license issued on Tortola 73, Virgin Gorda 8.

1147. The Commissioner informed the Committee that in December the Department of

Motor Vehicles relocated to Pockwood Pond to the R & R Malone Complex at

Pockwood Pond. She added that although relocated, the finances have not been

increased in proportion to a larger space.

1148. The Commissioner stated that under the recurrent, in terms of maintenance,

$36,000.84 per year is requested for maintenance according with clause four of the

lease agreement 1402/2010 with Island Block Corporation Limited and $2,400.00 per

year is being requested for the monitoring of the fire and security system by S & D

Security. She added that $30,000 per year is being requested for general cleaning of

the building at the close of business daily.

1149. The Commissioner requested a Senior Accounts Officer in the amount of $36,885.

She explained that currently they were using a post at the Ministry. She also requested

an increase in the license plate vote in the amount of $10,700 for the purchase of

license plates.

1150. The Minister for Health and Social Development enquired how many license plates

were sold.

Page 247 of 330

1151. The Commissioner responded that seven personalised and two professional plates

were sold.

1152. Territorial Member Archibald C. Christian asked the Commissioner whether she

considered dropping the price of the personal license plates in an effort to sell more.

1153. The Minister for Communications and Works stated that pricing of the license plates

came through the regulations and periodically the regulations comes up for review.

1154. The Commissioner informed the Committee that 2012 has seen an increase in the

purchase of personalised plates.

1155. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 248 of 330

HEAD 2762 PUBLIC WORKS DEPARTMENT

Present:

Mr. Gary Penn Deputy Secretary, Ministry of Communications

and Works (DSCW)

Mr. Anthony McMaster Deputy Secretary (DSMCW)

Mr. Jose deCastro Deputy Director for Architecture, PWD

Mr. John Penn Architect III

Ms. Shirlyn Penn Management Consultant Accountant

Mrs. Perline Scatliffe-Leonard Human Resources Manager (HRMMCW)

Mrs. Margaret Jones-Greene Finance and Planning Officer, MCW

Ms. Dian Todman Finance Officer, Ministry of C&W

1156. The Chairman welcomed the group to the SFC deliberations and asked that they state

their names, positions and department that they represent for the record and they

complied.

1157. The Chairman extended apologies on behalf of Public Works Director, Mr. Jeffrey

Skelton who was on sick leave and out of the Territory.

1158. The Member for the First District noted that currently there were a lot of pot holes in

the district overall, but especially some big ones coming down Zion Hill going into

Long Bay and a big one by Jacobs Corner by Sebastian. He added that he has been

calling Public Works Department PWD to have these concerns addressed and would

like to know if this can be addressed before year end.

1159. The Deputy Director confirmed that the situation will be addressed.

Page 249 of 330

1160. The Minister for Communications and Works stated that he had a discussion with the

Director who is on leave. He informed that the Department has a problem with the

plant that is normally used to do the asphalting to patch roads and in the meantime the

Department is arranging to do some contracting with BVI Paving. He stated that

based on the contractual agreement with BVI Paving, the Department will do some

major repairs over the next couple of weeks.

1161. The Member for the First District enquired whether funds were available to trim

bushes along the roadside in the First District at Zion Hill and Wendy Hill area by the

end of the year. The Member also informed the Committee that PWD informed him

that all concerns from elected officials must be directed to the Minister of

Communications and Works and not directly to PWD. The Member finds this

directive alarming and hopes that it is in effect for all elected officials as was stated to

him.

1162. The Minister for Communications and Works informed that the PWD will continue to

oversee the maintenance of the roads including trimming of bushes in an organised

fashion. He added that PWD will be working to clear the bushes alongside the road in

consultation with the District Members to ensure that it is organised.

1163. The Member for the Third District enquired from the Minister for Communications

and Works where the contracts issued for bush cutting are executed, who sign those

contracts and whether they are signed at Public Works or they go to the Ministry for

signature.

1164. The Minister for Communications and Works stated that as far as he knows, the

regular six months annual bush cutting contracts are countersigned by the Minister.

1165. The Member for the First District informed the Minister of Communications and

Works that once again he is informing that the bridge going to Frenchman’s Cay is

deteriorating and he wanted to make sure that it was given a high priority.

Page 250 of 330

1166. He enquired whether different government departments needed to get permission

from PWD when cutting roads or digging them up, so that if Water and Sewage is

going to do the road they have to go through Public Works or cut it themselves.

1167. The Acting Deputy Director stated that Public Works has a procedure in place for

cutting roads. He informed that after Water and Sewerage cut the road, they have to

repair it with concrete up to a certain level and thereafter it would be filled in with

asphalt.

1168. The Chairman thanked the panel for answering the questions asked by the Members.

Page 251 of 330

HEAD 2763 TELEPHONE SERVICES MANAGEMENT UNIT

Present:

Mr. Gary Penn Deputy Secretary, Ministry of Communications

and Works (DSCW)

Mr. Anthony McMaster Deputy Secretary (DSMCW)

Mr. Reynell Turnbull Telephone Services Manager (TSM)

Mrs. Perline Scatliffe-Leonard Human Resources Manager (HRMMCW)

Mrs. Margaret Jones-Greene Finance and Planning Officer, MCW

Ms. Dian Todman Finance Officer, Ministry of C&W

1169. The Chairman welcomed the Manager and asked that he state his name, position and

department for the record to which he complied.

1170. The Telephone Service Manager (TSM) recalled that for the past seven years or more

he had been coming before the Committee requesting funding to upgrade the

telephone system. However, he added that the results were the same – no funding was

allocated with the exception of last year. He added that although funds were allocated

last year, access to the funding was denied. He informed that most of the telephone

equipment had reached the end of life and the manufacturer no longer supports the

equipment and as a result, at any point in time the network could go down. He

informed that such was the case last November with the main system at the Central

Administration Complex.

1171. The Minister for Health and Social Development enquired whether it was an upgrade

or replacement.

1172. The TSM responded that it was both. He explained that Nortel System was the current

system and that the Department wants to move to the Cisco System. He informed that

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most of the data infrastructure is already CISCO and that would make it easier on the

technicians because they would not have to acquire a different skill set.

1173. Territorial Member Archibald C. Christian enquired if the coverage included the outer

islands.

1174. The TSM stated yes and informed that as recently as a month ago, there was a failure

on Virgin Gorda.

1175. Territorial Member Archibald C. Christian asked if the interruption would affect

Customs and Immigration Departments.

1176. The TSM stated that it would and added that Police would be included.

1177. The TSM suggested that the Government enact a telephone policy which would help

to reduce some of the waste in terms of the telephone bills received and put the

money saved toward the upgrade. Additionally, the TSM suggested that Government

tender the services for both landline and mobile which, he thinks, will get

Government a much better price than they are presently paying.

1178. The Premier suggested that the TSM resubmit those recommendations to the Ministry

of Communications and Works. He added that he will have a discussion with the

Ministry and the FS to consider what can be done to accommodate the TSM.

1179. The TSM stated that with the recent submissions for the Budget, they were asked to

reduce their submissions. He informed that the infrastructure rental on an annual basis

is in the Neighborhood of $240,000 and when it is reduced, it becomes $178,000. He

added that this will definitely not be able to cover that expenditure next year and as a

result is asking for that to be increased.

1180. The Financial Secretary stated, he did not see the budget cut that the TSM was

referring to.

1181. The TSM pointed out that the subhead was 522120.

Page 253 of 330

1182. The FS explained that there was actually more funds than the previous year because it

is separated between Subhead 522110 and 522120.

1183. The TSM reiterated that the rental alone is $240,000. He stated that the Telephone

Services Management Unit submitted a supplementary earlier in the year and did not

get a response. He added that there was not enough money for this year and therefore

would not be enough.

1184. The FS suggested that in the Ministry there is 32.9 million allocated and he believes

that if the Manager worked with the PS and the Minister, the additional funds could

be located – reallocated with the Ministry.

1185. The Minister for Communications and Works stated that under the guidance of the

FS, the Ministry will ensure that the contracts are honoured financially and that he

does support the TSM’s submission that he made. He continued that the Ministry will

look seriously at upgrading the system because it’s in a precarious position and will

be given a high priority through the Ministry.

1186. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 254 of 330

CONTRIBUTIONS TO STATUTORY BOARDS

HEAD 2109 DEPUTY GOVERNOR’S OFFICE

Present:

Mr. David Archer Permanent Secretary DGO

Mr. Errol George Director FIA

Mr. Julien Johnson Chief Operating Officer

Mrs. Kara Penn-Stoutt FPODGO

SUBHEAD 551317 GRANTS TO FINANCIAL INVESTIGATION AGENCY

1187. The Chairman welcomed the Director and his team and asked them to state their

names to which they complied.

1188. The DFIA thanked the Committee for the opportunity to present today and their

continued support to the agency over the last years. He believes it is a testament of

the important role the Agency plays in helping protect the Financial Sector from

negative influences both domestic and foreign.

1189. The DFIA further stated that last year when they appeared before this Honourable

House, they told the committee that one of the objectives they were hoping to

accomplish this year is to have the Anti Money Laundering Compliance Unit fully up

and running and functional to perform the monitoring and supervision of the nonprofit

organisation as well as other nonfinancial designated businesses professionals.

Unfortunately, this has not materialised even though they were optimistic that this

Unit would be up and running by the end of the Financial Year 2012. The fact that

they were unable to establish this Unit was due to the lack of the much needed

financial resources that would allow them to take on additional staff to serve as

Page 255 of 330

Compliance Officers and inhouse legal Counsel to render much needed advice to the

Agency in several capacities. The idea was that the legal Counsel as well as the

Compliance Officers would have the ultimate responsibility for providing the day to

day supervision and monitoring of the entities aforementioned. The DFIA further

stated that they are here today hoping that estimates for the next financial year 2013

would be fully supported by this Honourable House.

1190. The Member for the Second District stated that as he went through document handed

to him he has two observations and wondered if the DFIA could shed some light. He

referred to page 3 of the document and stated that he noticed that the budget for 2012

started out at one figure and the revised downward from two to half a million and

asked what does it indicate.

1191. The DFIA replied that the Honourable Member is referring to the revised figure for

2012. The figures had to be revised because they were unable to set up the

Compliance Unit, hence the difference.

1192. The Member for the Second District referred to page 4 of the document that outlined

salaries and allowances and asked who is the Chief Operating Officer (COO) and if

that person receives a housing allowance.

1193. The DFIA answered no, the COOFIA does not receive a housing allowance.

1194. The Member for the First District asked why the COOFIA does not receive an

allowance.

1195. The DFIA answered that apart from all the other staff members the Director is the

only one on contract.

1196. The Member for the First District stated that he has admiration for the way in which

the FIA performs their duties especially seeing that they have kept the standard or

improve upon the standard from which it was originally built and noting that it is

done by BVIslanders who have performed at a high level. From what he has heard

Page 256 of 330

from the International Market and local he must commend the FIA for the work they

are doing and has his support for their new budget.

1197. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 257 of 330

HEAD 2220 PREMIER’S OFFICE BVI TOURIST BOARD

Present:

Mrs. Rosalie Adams Permanent Secretary, Premier’s Office (PSPO)

Mrs. Malcia Smith-Hamilton Acting Director, BVI Tourist Board

Mrs. Elvia Smith-Maduro Assistant Secretary, Premier’s Office (ASPO)

Ms. Jaslyn Frett Financial Controller, BVI Tourist Board

Mr. Jamal Jones Finance Officer, Premier’s Office (FOPO)

SUBHEAD 551312 GRANTS TO THE TOURIST BOARD

1198. The Chairman welcomed the members of the panel joining the Committee and asked

them to state their names, position and agency being represented to which they did.

1199. The Acting Director emphasised that the Department was proud of the many things

that they had accomplished since they last appeared before the Committee. She

recalled that some of the major concerns were that of accountability, finance and

personnel. The Acting Director expressed that the TB was extremely proud of their

accomplishments which included implementation and revision of management

policies, such as credit cards, travel, and cell phone policies; implementation of an

internal control policy; retirement of almost ninety percent of the Tourist Board’s

outstanding bills for prior years; improved relationships with vendors; paid of $1.2

million dollars owed; reduced accounts payable by ninety seven percent; settled

$750,000 in outstanding taxes; revised and reduced the average cell phone bill of the

Department by 40 percent; and implementation of an annual cash flow plan.

1200. The Acting Director informed that traditionally, the TB operated in an overdraft and

have not had to do this for 2012. She added that CCP have been completing their

audits and estimates to have 1998 to 2000 completed by the end of this year.

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1201. The Acting Director informed that the TB has been utilising their teams abroad

instead of having local employees traveling extensively and this has cut down on

spending tremendously in travel and other related cost.

1202. The Acting Director concluded that in addition to asking for more marketing funds,

the TB has taken the initiative and put things in place and have been more prudent

with the finances that have been given to them.

1203. The Leader of the Opposition expressed that he wished to congratulate the Acting

Director on getting the TB out of overdraft because in 2007 when he took over he

found himself in Caribbean International being responsible for an overdraft of $2.5

million dollars. He added that he is pleased to hear of the progress being made and

sincerely hope that everything will continue to go well.

1204. The Minister for Education and Culture noted $9.7 million dollars in the Budget

Estimates for 2013 and enquired how much of that would account for operating cost.

1205. The Acting Director responded sixty percent.

1206. The Minister for Education and Culture enquired as to the balance and asked whether

it was enough for the TB to carry out its mandate.

1207. The Acting Director responded that it was not.

1208. The Minister for Education and Culture asked the Acting Director without the money

coming from the Ministry of Education to subsidize the TB, would she need more

money.

1209. The Acting Director affirmed that in addition to the money coming from the Ministry

of Education and Culture, the TB would need additional funds.

1210. Territorial Member Archibald C. Christian commended the staff of the TB for the

work that they have been able to do with constraints of the last year.

Page 259 of 330

1211. The Acting Director mentioned that she was glad that the Minister for Education and

Culture asked that question. She noted that 60 percent of the $9.7 million is fixed cost

and was totally separate to marketing. She indicated that $3.7 million dollars was

insufficient to market the British Virgin Islands especially when there were

discussions going into other regions.

1212. The Minister for Health and Social Development asked how much money would be

estimated to be spent in 2012.

1213. The Financial controller stated that the TB is hoping to meet their budget projections

of $9.7 million and added that they are hoping an additional $1 million will be

approved to continue marketing their destination.

1214. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 260 of 330

HEAD 2436 MINISTRY OF NATURAL RESOURCES & LABOUR

Present:

Mr. Ronald Smith-Berkeley Permanent Secretary, Ministry of Natural

Resources and Labour (PSNRL)

Mr. Denniston Fraser Managing Director, BVI Airport Authority (MD)

Ms. Vina Brathwaite Accounts Officer II, BVI Airport Authority

(AcctOII)

Mrs. Louann Hodge-Smith Ag. Finance and Planning Officer, Ministry of

Natural Resources and Labour (AgFPONRL)

SUBHEAD 551319 BVI AIRPORTS AUTHORITY

1215. The Chairman thanked the panel for attending the deliberations, and requested that

they state their names and positions for the record. She then asked whether they had a

report to present to the members.

1216. The Dir. BVIAA stated that they had no report to present to the members but was

open to the panel for questions.

1217. The Member for the Second District stated that the BVI Airports Authority (BVIAA)

is a Statutory Body and he does not see any information within the budget which

reflects what the earnings of the BVIAA. He then asked to be directed to the relevant

page if possible within the budget which reflected that figure. He further stated that

the budget only reflected the amount of money being requested from Government and

further enquired whether the BVIAA had any additional documents which can show

the earnings for the BVIAA.

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1218. The Dir. BVIAA stated that the board of directors for BVIAA had recently had a

meeting within the last month and was further scheduled to meet in the upcoming

week where the draft budget for the BVIAA would have been approved and which

would have the detailed budget including the revenues.

1219. Territorial Member Archibald C. Christian enquired whether the members would be

provided with a copy of the budget upon finalisation.

1220. The Dir. BVIAA stated that once the budget had been passed the board will be

supplying copies to all the members.

1221. The FS stated that all statutory bodies of Government are to have their budgets laid

before the House.

1222. The Member for the Second District enquired when did the financial year end.

1223. The Dir. BVIAA stated that the financial year end falls on the calendar year end

which would be in December.

1224. The Member for the Second District stated that it would be necessary to have that

date adjusted as he thinks it is not fare for the members to have to deal with the

budgeting of monies to be given to the BVIAA and their report to be given after the

fact. He additionally stated that information about the sustainability of the BVIAA

would be necessary when doing the budget deliberations.

1225. The Minister for Health and Social Development stated that the procedure that had

been stated by the FS is the normal procedure to be followed by all statutory bodies of

Government.

1226. The Member for the Second District stated that he understood this procedure but

thinks that if budget deliberations are being held then he thinks that it would be fair to

have the budget presented to members before the subvention is granted. He further

stated that this should apply to all statutory bodies to which subventions are given. He

Page 262 of 330

additionally stated that given the amount of money that was requested by the BVIAA

it would be important to know detailed information about their self sustainability as

they might not even require the amount of money requested. He then stated that

members would not be preview to the budget of the BVIAA until after the requested

subvention is approved.

1227. The Minister for Health and Social Development stated that he knew that the BVI

Health Services Authority ended on 30th September and they are responsible for

delivering their budgets to the Ministry of Health and Social Development by that

date so that it may be incorporated in the national budget. He further stated that he

understands the point that the Honourable member made in that regard as decisions

would be effectively made if the proper information is presented at the time the

deliberations are taking place. He further enquired what the last figures that had been

reported in the 2010 budget.

1228. The Financial Comptroller of the BVIAA stated that they did not have the 2010

budget with them but confirmed completion of the same. She further stated that the

budget for 2011 had been completed but not yet audited.

1229. The Member for the First District enquired about the amount of the last subvention

which was granted to the BVIAA.

1230. The Financial Comptroller of the BVIAA stated that the last subvention that was

granted was approximately in the amount of $3.1 million.

1231. The Member for the First District enquired about the amount requested in the 2013

budget.

1232. Territorial Member Archibald C. Christian stated that $2, 848,800 was requested.

1233. The Minister for Health and Social Development enquired what was the amount of

revenue received by the BVIAA in 2011 to date.

Page 263 of 330

1234. The Financial Comptroller of the BVIAA stated that the revenue for the last two

months of the year have been estimated and the amount of revenue to date and based

on the incorporation of these figures and the actual amounts earned to date is 8.2

million for 2011 and for 2012 $9.787 million.

1235. The Minister for Health and Social Development enquired what the amount of the

total expenditure was.

1236. The Financial Comptroller of the BVIAA stated that the total expenditure for 2011

was 8.329 and had estimated a total for 2012 of $9.469 million.

1237. The Minister for Health and Social Development enquired whether the BVIAA had a

balanced budget.

1238. The Financial Comptroller of the BVIAA stated that there was a deficit in loss in

2012 based on the estimates.

1239. The Member for the First District enquired whether the 9 million estimated to have as

revenue was in consideration of the subvention of $3.18 million.

1240. The Financial Comptroller of the BVIAA stated that it was in consideration of the

subvention.

1241. The Minister for Health and Social Development enquired what the total number of

staff was at the BVIAA.

1242. The Financial Comptroller of the BVIAA stated that there were 176 employees.

1243. Territorial Member Archibald C. Christian enquired what the subvention covered.

1244. The Financial Comptroller of the BVIAA stated that the subvention covered

operational expenditures.

Page 264 of 330

1245. The Member for the Second District enquired whether there was any proposal

generated to fill the subvention given by Government so that they may become an

independent operating body.

1246. The Dir. BVIAA stated that a meeting was held to develop a strategic plan to be

completed by the second quarter of 2013 for the period 2014 to 2020 for innovative

ideas to raise revenue for the BVIAA.

1247. The Member for the First District stated that seeing the amount of the subventions

requested in 2011 and 2012 in the amount of $3.1 million and $2.8 million

respectively, and also seeing that no figures are available with relation to the current

budget, how will the shortfall be handled for operational expenses after the amount

given for the subvention seeing that it is lower than the previous year.

1248. The Dir. BVIAA stated that the subvention request has been decreasing over the years

and it had been factored into the plans of the BVIAA. Some new saving options will

be utilized one being a freeze on hiring for the coming year and had asked the

Financial Comptroller to decrease spending for the coming year by at least 2% which

was done. He also stated that in the coming year all contracts are to be reviewed to

determine whether they are necessary and will be cutting back on those where

necessary.

1249. Territorial Member Archibald C. Christian enquired whether contracts across the

board would be looked at.

1250. The Dir. BVIAA confirmed that it is in relation to contracts including operational

contracts.

1251. Territorial Member Archibald C. Christian enquired whether the subvention was more

than the operational revenue.

Page 265 of 330

1252. The Financial Comptroller of the BVIAA stated that it is not over operational

revenue. She further confirmed that the subvention is the biggest source of the

BVIAA’s revenue.

1253. The Minister for Health and Social Development enquired what the amount of

aircrafts was that landed at the Beef Island Airport.

1254. The Dir. BVIAA stated that on average there are 110 movements per day which

would be approximately 20,000 landings per year.

1255. The Minister for Health and Social Development enquired what the term movement

means.

1256. The Dir. BVIAA stated that a movement is a landing or a departure.

1257. The Minister for Health and Social Development enquired about the total amount of

passengers that passed through the airport on a daily basis.

1258. The Dir. BVIAA stated that in 2006, passenger movements were well above 500,000.

He further stated that over the years, the passenger movements has decreased

tremendously and had hit a low of 225,000 passenger movements in 2008 and 2009.

He then stated that presently there are about 250,000 to 260,000 passenger

movements per year.

1259. The Member for the First District enquired when the BVIAA was alerted as to the

amount of the subvention to be granted by Government.

1260. The Dir. BVIAA stated that he had been alerted about 3 weeks prior to the meeting at

which time the BVIAA was in the middle of completion of the budget. He further

stated that a lot of changes were made after being alerted and are hoping to have two

other subventions before the 2012 year end.

1261. The Chairman thanked the panel for answering the questions asked by the Members.

Page 266 of 330

HEAD 2436 MINISTRY OF NATURAL RESOURCES & LABOUR

Present:

Mr. Ronald Berkeley Permanent Secretary/MNRL

Mr. Joseph Smith-Abbott Director, National Parks and Trust

Mrs. Louann Hodge-Smith Ag. Finance and Planning Officer

Subhead 551321 – National Parks Trust

1262. The Chairman welcomed the panel to the deliberations and asked that they state their

names, positions and the department which they represented for the record to which

the panel complied.

1263. The Member for the Second District stated the Ministry informed that by April of

2013 the management and collection of moorings would be turned over to the NPT.

He then queried whether the Director could give a synopsis of the projected revenue

and whether the NPT would need any subvention for the Government for 2014.

1264. The Director informed the Committee that the NPT had produced and projected some

income based on the actual amount of revenue that had been collected by the Ministry

over the years. He explained that the NPT worked closely with the Ministry to

understand what had been derived from the program and what revenue had been

collected. He stated that as of the 2012 NPT received a subvention of $406, 500. The

fees collected from the sea bed leases and installation of the moorings in 2011 was

$120,400. He further explained that the schedule of fees for the leasing of moorings

had been revised and the fee charged would be increased to the maximum over a two

year period for private moorings and over four year period of commercial moorings.

Page 267 of 330

1265. The NPT had calculated that fee along with the improved efficiency of collection as

well as what the increase in revenue over the years would represent. He informed that

the amount of revenue charged under the mooring program would need to be charged

to make up the difference in revenue that would be lost after the subvention was

eliminated. It was the hope that over a 3 year period the revenue that was lost would

be completely made up. He explained that the NPT was cognisant of the elimination

of the subvention and therefore made the projections in a plan that had been submitted

to the Ministry which detailed how the NPT could make up the difference in revenue.

1266. The Member for the Second District queried whether the calculation was based on the

entire seabed leasing of moorings to which the Director responded yes. He then

informed that they had worked to derive a total listing of approved moorings which

also included not only the approved moorings and installed moorings but the

moorings that had been approved and not installed. He stated that part of what would

be done was that collection would be on the total collection of moorings that had been

approved and the NPT improved its efficiency and effectiveness in collecting the fees

and as the fee began to increase over the outlined period then the entire program

would be realised.

1267. The Member for the Second District queried from the PS whether when the new

program was entirely implemented whether there would be amendments to legislation

which would ensure that the enforcement of payments would be implemented.

1268. The PS informed the Committee that amendments to the legislation to ensure the

enforcement of payment was not considered from the Ministry’s point of view

however because the NPT was better equipped in terms of monitoring and ensuring

payments were made for the moorings. In general they were considering penalties

which would be taken to the Minister who would see how they would be able to

collect outstanding fees.

Page 268 of 330

1269. The Member for the Second District queried whether the way in which outstanding

mooring fees were collected by the Ministry and the NPT were different. He further

stated that the Ministry collected rent on moorings per year and the NPT collected

fees based on the usage of their moorings. He then stated that was the reason why the

NPT had to monitor the use of their moorings. He further stated that in his opinion it

would not be efficient for the NPT to use the same method to collect mooring fees as

they were now going to be collecting mooring fees for the entire territory. He then

queried how the NPT planned to deal with the responsibility of collecting the fees for

the usage of the moorings.

1270. The Director stated that effectively the NPT was working from the authority granted

from the decision to transfer the ability to collect the mooring fees. A schedule was

approved and they were aware of the fact that the invoices were issued in April of

each year. He stated that the NPT had planned to use the same mechanism that the

Ministry had employed to enter into the relationship with current lease holders to give

them an understanding of what the implications of the decisions were in terms of the

authority to collect the outstanding mooring fees and the revision of that fee. If

concerns arose with respect to persons compiling to pay fees it would be pointed out

and mechanisms would be put in place and pointed out to increase compliance for the

payment of outstanding fees.

1271. The Member for the Second District stated that if a national program was to be run by

the NPT the legislation and regulations should have the necessary provisions to make

the mooring collection fee program work successfully. He further stated that the NPT

would experience the same problem as the Ministry as it related to collecting

outstanding fees.

1272. The Director informed the Committee that the fees that were not collected by the

Ministry were not going to be transferred to the NPT therefore the NPT’s collection

Page 269 of 330

of mooring fees would be effective from 2013. The PS informed that the Ministry had

undertaken to collect the outstanding fees so that when the program was turned over

to the NPT they would start as if the program had just begun.

1273. Territorial Member Archibald C. Christian queried how often the fees that were

collected from various charter boat companies for one day trippers was remitted to the

NPT. He also queried whether there was a system in place which ensured that the

money which was paid in was what was actually collected.

1274. The Director informed the Committee that the books were reconciled on the face

value of the actual permit and they were check to ensure what was received was what

was actually collected and it was done upon receipt of the permit book.

1275. Territorial Member Archibald C. Christian queried whether it was a possibility for a

book to show that 10 boats moored and 10 permits were issued however the actuality

was that 15 boats moored and 5 permits were not issued.

1276. The Director informed the Committee that yes the said scenario was possible however

the NPT monitored it by going out and spontaneously checking the permits on board.

1277. Territorial Member Archibald C. Christian queried whether the NPT’s revenue

increased for mooring fees this year to which the Director responded in the

affirmative. He further explained that mooring fees had improved over the last year

and the entrance fees that were tied to cruise ships had decreased over the years.

1278. Territorial Member Archibald C. Christian queried by what percentage the entrance

fees for cruise ships had decreased.

1279. The Director informed that 2007 – 2008 there was a 21.7 % decrease.

2008-2009 there was a further decrease of 17. 1 %

Page 270 of 330

2009 – 20120 there was a decrease of 8.9%

2010 – 2011 there was a slight increase of 2.3%.

In 2007 $368,858 was derived in entrance fees and in 2011 $236,462 was derived.

1280. Territorial Member Archibald C. Christian queried why the NPT’s budget for 2013

had decreased by $40, 600 and queried the reason for such a decrease.

1281. The Director informed the Committee that the NPT had taken into account the fact

that the grant that was given to the NPT was going to be reduced until the NPT was

fully responsible for the collection of mooring fees.

1282. The Chairman thanked the panel for answering the questions asked by the Members.

Page 271 of 330

HEAD 2543 MINISTRY OF EDUCATION AND CULTURE

Present:

Dr. Marcia Potter Ag. Permanent Secretary (AgPS)

Miss C. Jovita Scatliffe Ag. Finance and Planning Officer (AgFPO)

SUBHEAD 551310 GRANTS TO RECREATION TRUST

1283. The PSMEC indicated that $750,000 was not enough to maintain facilities

considering the amendments that have been made to the Act and the addition of an

Executive Director.

1284. The Member for the Ninth District was concerned about the activity that would take

place by the Trust. He asked if she had any assurances they would function in

accordance with the expectations.

1285. The PSMEC answered in the affirmative.

1286. The Minister for Health and Social Development asked if the government funding

were going to be the only source of revenue or if there would be some fund raising.

1287. The PSMEC stated that they would be doing fund raising.

1288. The Member for the First District asked if the horse track is being managed by the

Trust and if the lease would be paid for from them.

1289. The PSMEC stated that the horse track did not belong to the Trust but that the lease

would be paid for through them.

1290. The Chairman thanked the panel for answering the questions asked by the Members.

Page 272 of 330

HEAD 2543 MINISTRY OF EDUCATION & CULTURE

Present:

Dr. Marcia Potter Ag. Permanent Secretary (AgPS)

Dr. Karl Dawson President

Ursula Moore Bursar

Miss C. Jovita Scatliffe Ag. Finance and Planning Officer (AgFPO)

SUBHEAD 551315 - GRANT TO HLSCC

1291. The Chairman welcomed the panel and asked if they had a brief introduction. They

answered in the affirmative.

1292. The President began by stating a few achievements of the college such as the college

becoming a candidate for accreditation through the Middle states Commission on

Higher Education, they also hosted the Islands of the World Conference. He further

expressed concerns over the timing of payments for the subvention to the college

indicating that this was their biggest challenge. He indicated that they were also

looking more and more into relevance in the curriculum and that they would conduct

manpower needs study to ensure that the curriculum offerings will match up with the

needs of the Territory.

1293. The Member for the First District indicated that he noticed that the subvention to

HLSCC was reduced and asked the President how he saw the college functioning

given the cut.

1294. The President informed the Committee that he learned late last week of the amount

that would be allocated to the college. He advised that the college would have to go

back to the drawing board to see how they will make the amount work. He further

stated that as subventions decrease, they would be looking at other streams of revenue

without impacting the quality of the institution. He further stated that he would like

to explore the question of financing the institution as a whole, as government

Page 273 of 330

subvention decreases, would there be an opportunity for the college to review existing

policies that would allow part of the burden to shift not only from government but to

the beneficiaries of that education as well.

1295. The Member for the First District asked if the President could furnish the House with

the subventions that were due, when they were paid and amount of money still to the

college over the last three years.

1296. The Bursar stated that the information could be provided and indicated that as of

November 25, 2012, the amount outstanding was $3,804,776.36. She continued to

offer a detailed breakdown of the subvention disbursements.

1297. The Member for the First District enquired if the payments included the student

assistance programme to which the Bursar indicated that it only included the

subvention.

1298. The Member for the First District enquired of the amount outstanding for student

tuition assistance.

1299. The Bursar stated that there was $ 2,747,947.00 outstanding for the years 2009-2011

for tuition assistance. She further estimated the 2012 amount to be $1.5 million.

1300. The Member for the First District enquired that given the shortfall realised, what it

was in terms of percentages less from 2012.

1301. The Bursar indicated that the total amount of subventions for 2011 & 2012 were the

same amount in total and those they did not have the information to calculate the

exact shortfall at that time.

1302. The President indicated that the amount budgeted for 2013 was $9,960,800.00 and

last year was $11,675, 000.00 difference of $1,1670,000.00.

1303. The Member for the First District enquired if the Culinary Arts Centre was fully

turned over to college.

Page 274 of 330

1304. The President indicated that the center was fully turned over to the college; however,

it did not include everything required for it to be fully functional. As such, there were

a few outstanding things that needed to be done. He stated that the amount to make

the building fully functional was $133,900.00.

1305. The Member for the First District enquired about the projected operating cost of the

culinary arts centre.

1306. The President indicated that the projected cost for 2013for the centre was $268,

760.00 and the projected revenue was $290,235.00. He stated that those figures

included the tuition assistance programme.

1307. Territorial Member Archibald C. Christian stated that last year at Standing Finance

Committee hearing the members were told that the bakery, bookstore and college

bakery were losing money. He enquired if there was any improvement.

1308. The President indicated that the bookstore and bakery had some improvement, as far

as operation costs, but that the decision that had been taken was to review the food

and beverage operations. As such, the decision was made to no longer operate the

Road Town Bakery and to reduce the costs of the cafeteria since it continued to be a

service that the students must have.

1309. The President enquired what would happen with the staff of the bakery.

1310. The President indicated that they would be released. He added that there may be one

or two staff that could transition to the culinary arts center according to the need, but

that the college was not in a financial state to employ unnecessary staff. He further

stated that the staff was aware of the situation.

1311. The Premier enquired if anybody had approached the college about taking over the

bakery.

Page 275 of 330

1312. The President stated that the board members had identified someone to take over the

bakery and that person had submitted a proposal.

1313. Territorial Member Archibald C. Christian enquired as to when the lease was due to

end. To which the President answered December 2013.

1314. The Deputy Speaker of the House and the Member for the Fifth District asked if there

was any consideration given by the college to market the College’s paraphernalia and

souvenir items on a larger scale.

1315. The President indicated that college paraphernalia was available at the college

bookstore. He further stated that the Maritime Museum, Marine Centre and

boardwalk were attractions that they had hoped to capitalize on in the near future.

1316. The Member for the Eighth District asked the President if he could explain what all

manpower needs study entailed.

1317. The President explained that the manpower needs study would give the college

concrete data to determine where the actual needs are for the community. He further

stated that the information received from the study would be an asset for other

government agencies such as the Labour Department and Development Planning

Unit.

1318. Territorial Member Archibald C. Christian asked if, given the reduction of the

subvention by 10%, does the college have a marketing programme?

1319. The President advised that the college would have to determine where it currently saw

itself as it pertained to new streams of revenue that could be created. He mentioned

the possibility of obtaining grants and looking into the tuition assistance programme.

He further stated that members could see if the programme was indeed being used

how it was intended.

Page 276 of 330

1320. The President added that he thought an idea would be for the members to consider

placing the large ticket items of the college budget in the capital expenditure for the

Territory.

1321. The Chairman thanked the panel for their presentation and for answering the

questions asked by the Members.

Page 277 of 330

HEAD 2652 MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT

Present:

Mrs. Petrona Davies Permanent Secretary (PSMHSD)

Mrs. Carolyn Stoutt-Igwe Deputy Secretary (DSMHSD)

Mrs. Darlene Carty-Baptiste Chief Executive Officer (CEO BVIHSA)

Mrs. Patrica Malone-Smith Director (DBVIHSA)

John Cline Chairman (BVIHSA)

Dr. Irad Potter Chief Medical Officer (CMOBVIHSA)

Dr. Emmanual Ogunde Senior Medical Officer (SMOBVIHSA)

Mrs. Lilly-Mae Lettsome-Carlton Ag Financial Comptroller (AGFCBVIH)

Mrs. Andrea Flax Senior Human Resources Assistant

(SHRABVIHSA)

Ms. Keshia Donovan Finance Officer (FOMHSD)

HEAD 551318 GRANTS TO BVI HEALTH SEVICES AUTHORITY

1322. The Chairman welcomed the PSMHSD and her team and asked them to state their

names for the record to which they complied.

1323. The CEO stated that the information circulated to Members of the SFC Committee

gives a brief synopsis of the HSA to date. She further stated that they find the Charter

to be very strong as they achieve and works towards excellence that only counts when

it comes to the delivery of health care. The HSA are compassionate client centered

and strive towards exceeding the standards of care. The package gives an overview

Page 278 of 330

of where the HSA stands to date as it relates to some of the major issues and

challenges. Also giving a brief synopsis of the framework what they are trying to

establish over the next year as it relates to the HSA. Their over arching goal of

quickly and effectively adapting to change providing a structure of accountability and

transparency and actively engaging the employees towards the decision make process.

There are a number of action items that have occurred within the last year; but the

most important portion that they are looking at is increasing the revenue, managing

their spending and driving efficiency across the organisation.

1324. One of the champion projects is the selection of a vendor for the HIS (Health

Information System). There are a number of deliverables that have been outlined and

the implementation is outlined in the package given to members. They are strongly

pursuing the aggressive celebration of growth by expanding the current services and

beefing up existing services within the BVIHS. They are championing a culture of

change and stand by their word of working towards excellence.

1325. The other item for review is the BVIHS model of care which is looking at evidence

base practices, excellence in service, collaborating with the private and public sector,

competencies in the staff, educational models for persons coming into the system and

strengthening the leadership of the overall organisation.

1326. They are currently at the table with the stakeholders of the new hospital project to

ensure occupancy upon completion of the construction. Specific to each of the items

they are looking at the corporate administrative models, providing action items for

finance, medical nursing, initiating or restarting the continuous quality improvement

management on every tier within the organisation, strengthen the nursing base,

beefing up the human resources and strengthening the overall operation and

infrastructure plan. Excellence is the result of caring more than others think is wise,

risking more than others think is safe, dreaming more than others think is practical

and expecting more than others think is possible. BVIHSA working towards

excellence.

Page 279 of 330

1327. The Member for the First District stated that persons have reported to him some

general complaints that when people visit the hospital, especially during cases of

emergency, at times they are not being addressed with professionalism. The caring

within the organization seems to be not as it should be and asked for an explanation

on what is being done to help address this situation so people could feel comfortable

even when they are sick especially during emergency cases.

1328. The CEO stated that there are a number of items that are being put in place. The first

thing is conducting a risk analysis looking at the gaps in service. The organisation is

doing well; but is not as consistent as it should and they will address the gaps in some

areas. In her presentation she spoke about the education component and one of the

major action items is with branding and marketing, an image enhancement workshop

for the employees and changing the culture where it is a practice service to the

patients and their families.

1329. The Member for the First District asked if the CEO would be able to carry out the

mandates with the subvention given.

1330. The CEO answered that they will maximise the level of funding that is provided using

it as leverage to obtain other funds specifically to increasing the revenue base with the

adjustment to the fee schedule and also beefing up the collections unit within

financial division.

1331. The Member for the First District asked if upon completion of the hospital project, if

some of the floors will be leased or if the hospital intends to take full control of the

entire building. What is the plan. He further stated that as former Minister of

Education and Culture through the Ministry of Education and Culture the then

Government advocated to allow for a medical school(s) to be established in the

Territory that would have occupied two floors of the new hospital building and saw it

as one of the ways to help bring revenue to the BVI Health Services Authority as well

as to assist in stimulating the economy. He further noted that the initiative could have

Page 280 of 330

come to fruition in a timelier manner at the cooperation of certain key officials in

Health being forthcoming.

1332. The CEO answered that the hospital will occupy the first through the fifth floor;

however the sixth floor will be a shell until other plans are made. They are preparing

to draft a design for a comprehensive medical campus, which includes the annex and

the existing hospital. They are looking base on capacity up to one hundred beds and

later on look at the health care needs and what other areas such as medical tourism,

which is one of the charges that were given from the MHSD to be partners in the

discussion.

1333. The Member for the First District sought clarity on the term ‘medical tourism’.

1334. The PSMHSD stated that one of the options under consideration is whether to operate

a private wing to the Peebles Hospital. The Ministry would be engaging in crafting a

health plan for the entire territory for the next three to five years. These are some

decisions that they hope to be able to make collectively as to what are the strategic

investment needed to make to move the health system forward. The decision about

the space is a decision that will ultimately be made by Cabinet; but there is a need to

do further consultation and research and investigation to be able to put forward the

best proposals.

1335. The Member for the First District stated that it is his understanding that in August

2013 the building will be handed over and sought clarity on whether the first five

floors will be occupied.

1336. The CEO answered yes; but they are looking at occupancy from a bed perspective and

not the building perspective.

1337. The Member for the First District asked again for clarity if the hospital will occupy

half of the fifth floor and the floors down.

1338. The CEO answered yes half of the fifth floor down.

Page 281 of 330

1339. The Member for the First District asked if the financial projection of how they will be

able to pay or sustain the operation cost of the hospital is base on financial projection

for half the fifth floor and the other floors down.

1340. The CEO answered yes.

1341. The Member for the First District asked if the funds will be enough to meet the

financial obligations.

1342. The CEO answered that the subvention given will not meet the financial obligation,

there will be identified gaps.

1343. The Member for the First District stated that he has seen the $21mil and asked how

much will the BVIHSA need to operate.

1344. The PSMHSD stated that she wants to clarify when the building is handed over in

August 2013, commissioning the building itself will be a three month process.

Occupancy in terms of making financial provisions is not something that is fully

budgeted for in 2013. She will let the CEO respond in terms of the projected

requirements.

1345. The Minister for Health and Social Development stated that they had asked for

contributions to the BVIHSA to be $23million. The BVIHSA submitted a budget for

Cabinet’s approval to the tune of $33mil for 2012/2013 budget year and in

2011/2012and submitted a budget of $26million and the Government will indicate

what level of funding they will give to the BVIHSA. However, he said the BVIHSA

need to continually be efficient in their operation. Their mandate is to seeking

medical attention. The BVIHSA has an obligation to deliver care and as a result they

are installin a Health Information System that will cost $1.7 million and it is hoped

that this system will improve efficiency in terms of collection and delivery of service.

As Minister I have charged the Chairman, PSMHSD, CEO in ensuring that they are

doing what they are suppose to do to give good health care to the people of the Virgin

Islands. The Minister further stated that there will be challenges and issues but the

Page 282 of 330

MHSD on behalf of the Territory will be working towards the best health care system

that they could afford to provide.

1346. The Member for the First District stated that there seems to be a phobia in health and

other areas to have things like a medical school come into the territory. He stated that

the BVIHA can receive significant revenue despite all that has been said if

Government will allow for the implementation of the medical tourism and the

Medical School. This will allow for floors of the new hospital to be leased and or

partner in with one of the two entities or both. He suggested that these options be

seriously explored.

1347. The Minister for Health and Social Development stated that Cabinet approved the

plan of action for the MHSD in collaboration with the MEC to seek or create a legal

framework to allow medical schools to operate in the territory. They have until the

end of 2012 to submit a legal framework. When the hospital was first envisaged, the

then Government was planning on utilising the sixth floor for medical tourism. It is

this Government’s plan to use it for a higher level of medical services.

1348. The Minister for Health and Social Development stated that he would like to add

caution for the medical schools and ensure that their services are contracted out to to

the people of the Territory in an attempt to feel the true benefits of them operating in

the Virgin Islands and not let them monopolise all the services.

1349. The Minister for Health and Social Development sought clarity as to whether the

CEO is involved in all aspects of the functioning of the hospital. He asked for an

explanation on how it is going.

1350. The CEO stated that it has been very successful. They have project meetings, there

has been several walk throughs and met with the contractors. The Bio Engineers are a

part of the project team and has looked as some of the consumables, furnishings and

the overall flow of the project. There are drafted staff strategies and drafted clinical

services plans and those documents would be finalised in two weeks.

Page 283 of 330

1351. The Member for the First District stated that he has always been an advocate that the

management structure of health is top heavy and although people think he is going

after person in a personal capacity, the Member clearly stated his action is one of

ensuring professionalism. He asked how will this be addressed so that most of the

needed man power is on the ground where it is needed. This course of action will

allow for the BVIHSA and in return the Government of the Virgin Islands to

significantly improve in the future in the areas of revenue, efficiency and

professionalism in all Health related fields.

1352. The PSMHSD stated that the Members’ reference to health is specific to the HSA and

she is aware that the CEO and her team has specific proposals for rationalizing the

management structure which will be included in the current legislation if the

proposals are approved.

1353. The CEO referred to the Member for the First Districts’ question about the

restructuring and reengineering of the management team of the BVIHSA and what

appears to be top heavy. She stated that she understands the breath of the

organisation is wide and one of the proposals to the Board is to narrow that breath.

The issue of the Executive Leadership team is to have more leaders more direct

contact with the middle managers and charging them with the responsibility of

productivity across the entire organisation. She feels that they are at a caveat where

they looked at the existing services at the facility so persons may do job shadowing or

place in different positions as the service expands the new Peebles Hospital. They are

also looking at redundancies overlapping within the organisation and some of the

services that have to be eliminated or put on hold because they are not producing at

the level that is acceptable to a standard of excellence.

1354. The Member for the First District enquired about how disciplinary matters are

handled when things go wrong so that the public would know there is a culture of

excellence that will not tolerate unprofessionalism.

Page 284 of 330

1355. The CEO stated that there are various avenues because there are degrees of incidents

that may occur. There is an incident reporting system and complaints that is internal

to them. In addition there are committee meetings of case reviews as needed or on a

monthly relative to particular incidents. She further stated that they are covered by a

corporate indemnity so they have the reporting mechanism to prepare them if

litigation occurs in the future. There are various responses to incidences. In addition,

there is an Internal Risks Manager on staff; however, the best part is communicating

to patients and their families in real time.

1356. The Member for the First District referred to the districts clinics and asked about the

philosophy going forward. He further asked if each one would be handling specific

needs to alleviate the number of people going to the hospital.

1357. The CEO answered they are trying to do more of a primary health care looking at the

community services that currently exists and integrating them into the hospital setting

so instead of having community and hospital, there would be BVIHSA. There will be

overall medical and nursing and expanding the breath of services for prevention and

control. They will also provide a continuum for persons who actually visits the

hospital sitting and when they return back into the community they would create a

greater connection. The Health Insurance System that the Honourable Minister spoke

about would happen with that continuity of care because that one patient would have

one record.

1358. The Member for the First District asked if the organisation would be able to deal with

one clinic as a pilot project to see how it goes or if all will be used to get the initiative

in motion.

1359. The CEO answered that the organisation would be dealing with the initiative as a

breath of the BVIHSA overall. So all the clinics will be done the same time and the

roll out would be in modules and not based on locations.

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1360. The Member for the First District asked if the modules would be working in each

location.

1361. The CEO answered that it is a clinical module for all health care services whether

they come through the health care setting or hospital, there will be one health care

record for each patient.

1362. The Member for the First District asked whom the clinics will fall directly under.

1363. The CEO answered that they will fall under the BVIHSA.

1364. The Member for the Third District stated that there are senior citizens who have

grown accustomed to visiting the various clinics for health care. However, it seems to

be non-existent in his community because they are being asked to go to the Road

Town Clinic. He further stated that he would like to know why, even after being

assured that services at the clinic would be available to the people in his District, he is

being told that they still have to go to Road Town.

1365. The SMO stated that Podiatry programme where a visiting Specialist came and had

some of the services rendered there. However, information to the public was not

timely so that the local residents could actually take advantage of the services

rendered. The clinic was not shut down, in fact, the Podiatry service was welcomed

by members of the community but it was temporary. What the organisation

endeavour to do is to ensure that notices are sent out very early enough to let clients

know what is happening. There are plans to move the service somewhere else so that

further interruption will not take place.

1366. The Member for the Third District stated that he gets very concerned when his

constituents have to resort to complaining hearing complaints from members of the

community. He further stated that the senior citizens are people who are accustomed

to some things that may not be understood or appreciated by others. He asked what

the procedure is going forward for the Sea Cows Bay Clinic.

Page 286 of 330

1367. The CEO answered that they are looking to integrate the existing specialty service

into the outpatient clinics at the hospital. This will free up the utilisation of the clinics

for anything other than community health services. They are in a position, moving

forward, of not interrupting services; but expanding the number, type and hours of

services in all the clinics.

1368. The Member for the Third District sought clarity on whether the Sea Cows Bay clinic

will continue to function as is accustomed.

1369. The CEO answered yes.

1370. The Member for the Third District enquired about the qualification needed by a

Doctor to work in the Hospital.

1371. The CEO stated that a Medical Degree and Licensure is needed.

1372. The Member for the Third District enquired about licensure by whom.

1373. The CEO stated licensure by the Medical and Dental Council of the BVI.

1374. The Member for the Third District enquired about licensure for Specialist as oppose

to certificationto be a General Practitioner.

1375. The CEO stated that licensure for a Specialist requires additional certification and or

years of experience in their particular specialty.

1376. The Member for the Third District asked if the Specialist must be Board Certified.

1377. The CMO answered that specialist training and credentials to practice varies in

different jurisdiction. In some jurisdiction there is a Specialist Board usually

controlled by the state that registers the particular specialty; there are colleges in

which the people who qualify as Specialist are members or fellows of the Colleges.

In other jurisdiction there is an academic qualification from a University. Not all

jurisdictions have professional colleges’ registration credential systems. He further

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stated that the Physicians that the organisation employs come from both background

where some would have Fellowship and Membership in professional organisations

such as FRCP, FRCS etc and others would have an academic preparation which

would be a doctorate in medicine, surgery, psychiatry etc. Once the specialist training

is comparable such persons are recognised as Specialist by the BVI Medical and

Dental Council. The Member for the Third District requested a list of Specialists

practicing in the Territory.

1378. The CMO stated that the list of names of persons who are certified by the BVI

Medical and Dental Council are published in the Gazette and can be made available.

1379. The Member for the Third District stated that he is requesting that the SFC receive a

list of all Specialists.

1380. The Minister for Health and Social Development sought clarity as to whether the

Member for the Third District is asking for a list of the entire Specialist or only those

at the hospital.

1381. The Member for the Third District stated as a point of clarity that he is requesting a

list of all Specialists at the Hospital.

1382. The CMO stated that the list is subject to change due to high turnover of Specialist

staff.

1383. The Member for the Third District stated that the list would establish a pattern as to

what types of Specialist are being hired.

1384. The Minister for Health and Social Development stated that it is important to utilise

the clinics to give the best care to the people in the communites. If only five persons

are utilising the clinic it might be more efficient for the doctor or nurse to visit the

patient at their homes. While he understands the members concern if there is not

enough people going to the clinic it is time to start rethinking how care should be

Page 288 of 330

given to the elderly in the communities and whether it is right for the doctor to go to

the patient’s home.

1385. The Member for the First District sought clarity on whether the services rendered to

clinics is only for senior citizens.

1386. The PSMHSD stated that what the organisation is trying to achieve is to rationalise

the clinics so that the range of services and hours of operation are expanded so the

people of the community could have access to care without having to end up in the

hospital for minor complaints. Most of the population comes to work during the day,

or they are out to work, and most of the people remain in the districts are seniors and

at times only five persons in one month utilise the clinics. She further stated that what

they are hoping to achieve is to have poly clinics in each of the major communities to

include laboratory and diagnostic services that would make sense for the clinics to be

opened for extended hours rather than everyone having to go to the hospital. It is

more expensive to treat an ailment in the hospital as oppose to the Community clinic.

The organisation wants people of every age group to visit the clinics and when they

get there, they could receive a comprehensive service. However, this cannot be done

if the organisation is paying for several clinics that are underutilised.

1387. The Member for the First District stated that he heard all that was said and commends

the BVIHSA. He enquired about the hours that members of the community has

access to the clinics.

1388. The SMO stated that some of the clinics because of location have varying times

because they look at client access and when they are used frequently. For example,

the Sea Cows Bay Clinic is opened twice a month on the second and third Wednesday

because of client access, Capoons Bay Clinic and Cane garden Bay Clinic are opened

twice a week because on Thursdays the Doctor travels to Jost Van Dyke. Even

though the clinics are not opened everyday there are Nursing services available in

terms of home visits.

Page 289 of 330

1389. The Member for the First District enquired when and what time is the Cappoons Bay

Clinic open.

1390. The SMO stated that the Cappoons Bay Clinic is opened Tuesdays and Fridays or

from 8:30AM to 4:30PM. On Thursdays the Doctor visits the Jost Van Dyke Clinic.

1391. The Member for the First District asked as a point of clarity if one could visit

Cappoons Bay Clinic every Tuesdays and Fridays at 8:30am and find a Doctor there.

1392. The SMO answered that each of the clinics has different schedules. For example, in

Cappoons Bay, on Monday mornings they tend to offer service to the elderly patients

and everyone that walks in. On the other day they may tend to have children’s clinic.

However, if there is a problem there is a doctor on duty and anyone can walk in and

receive service.

1393. The Member for the First District as a point of clarity asked if on Mondays and

Wednesdays the Doctor is at the Cappoons Bay Clinic.

1394. The SMO stated that the Doctor usually should be there.

1395. The Member for the First District enquired about why did the SMO answered

‘usually’ from above and not state that the Doctor is in during the times and days

previously stated.

1396. The SMO stated that one of the challenges is that for different reasons a doctor may

not be available. He further stated that the Doctor is at the clinics in the mornings and

has home visits in the afternoon and may not be physically at the site all day.

However, if there is an issue he may be called back to the clinic.

1397. The Member for the First District stated that he notices that the BVIHSA is having

community meetings and enquired about when they would have meetings in the First

District.

Page 290 of 330

1398. The Chairman BVIHSA answered it is the scheduling to do community meetings by

Districts and they could be expected in the First District the first quarter of 2013.

1399. The Member for the First District asked if BVIHSA would complete community

meetings in all districts by the first quarter of 2013.

1400. The Chairman answered yes.

1401. The Member for the First District asked if there is any movement afoot in the capital

budget to repair the Cappoons Bay Clinic. He further asked what the plans are for the

clinic seeing that there are exists a plan for a new clinic at Capoon’s Bay in the

Ministry of Health that was done during the tenure of the last Government.

1402. The Chairman BVIHSA answered discussions at the Board level and their

recommendation that they revisit the plans that were made for the clinic and work

along with the Ministry to try the best way to implement that plan to get the Cappoons

Bay Clinic up to a viable state. He further stated that it is recognised that the clinic is

not adequate in its current state.

1403. The Member for the First District stated that the clinic is the heart beat of the

community because the people of that community were instrumental in building the

clinic in an effort to have better health care.

1404. The Member for the Third District asked how long the SMO has been supervising the

clinics.

1405. The SMO answered that he joined the BVIHSA in September 2012.

1406. The Member for the Third District asked where the person who previously had

oversight of the Clinics is.

1407. The CEO answered that the post of Operations Manager will become vacant as of 5th

December 2012. There was a recommendation from the Board for the appointment of

Dr. Vincent Scatliffe to the post Director of Primary Health Care.

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1408. The Member for the First District thanked the CEO for the work she is doing and he

wishes her all the best.

1409. The Member for the Third District asked about the hospital policy on patients

admitted to the hospital and have access to their private physician.

1410. The CEO answered the Board approved an official policy relative to private practice

privileges. The document is being finalised and the organisation will be doing a roll

out to persons who have applied for private practice and explain the requirement for

such.

1411. The Member for the Third District asked the CEO what she meant by ‘apply for

private practice’.

1412. The CEO answered that private practice privileges meant to use the facility for the

services provided.

1413. The Member for the Third District on a point of clarity asked if a person must find out

from a personal physician if he has private practice privileges’ at the hospital before

engaging him so as to be on the same side if he is to keep all his options open.

1414. The CEO answered yes.

1415. The Member for the Third District asked if for some reason he personally ends up in

the hospital, his personal physician can come see him, not as a visitor; but as a

physician.

1416. The CEO answered that the private physician must go through the proper procedure

in alliance with the policy of the hospital.

1417. The Member for the Third District as a point of clarity asked if he fell ill or had some

kind of accident and was admitted to the hospital, could his physician visit him in his

capacity of his personal physician.

Page 292 of 330

1418. The CEO answered that the physician could come and be second chair to whoever the

attending doctor is.

1419. The Minister for Health and Social Development stated that the CEO is trying to let

the Honourable Member for the Third District know that there is a system in place

that would allow Doctors working in their private capacity to be able to access

services such as operating theater at the hospital. In the past, this was not the case.

BVIHSA are subject to liability issues if they continue to allow private doctors to

work in the hospital without the proper policies in place. Some local Doctors had the

privileges and will continue to do so.

1420. The Member for the Third District as a point of clarity asked if local doctors have the

privilege to come to the hospital and see their clients.

1421. The PSMHSD stated that some local Doctors were grandfathered in when the system

was first set up; not all local physicians have the same access to the hospital facilities.

The organisation is seeking to rationalise the policy and make the process transparent

and set standards as to what would be required to gain access since the liabilities

issues are serious what ever happen in the facility and the physicians are liable. The

BVIHSA needs to be sure that malpractice insurance and other provisions are in place

to protect the organisation.

1422. The Member for the First District as a point of clarity asked if anyone could apply;

but if one is going to their doctor, then that doctor would have to previously apply

before they have access to the hospital facilities. He further asked if it is for all

doctors, local or otherwise.

1423. The CEO answered yes, it is due diligence.

1424. The Member for the Third District asked if it’s fair to assume that if a doctor does not

have access to use the hospital facilities then they cannot perform there.

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1425. The Minister for Health and Social Development stated that there is also an issue of

costing. If everyone is grandfathered in, the cost of running the hospital and nursing

services would be costly especially as it relates to outpatients.

1426. The Member for the Third District stated that he has a question for the Honourable

Minister for Health and Social Development and the Honourable Minister of Finance

and asked if the BVIHSA is set with the monies they are requesting.

1427. The Chairman advised the CEO that the Honourable Member for the Third District

may have missed when she made mention of the grant not being sufficient to cater to

the hospital needs.

1428. The CEO stated that they are willing to work with the recommended budget of

$21mil; but is asking for $23mil for the current operations of the BVIHSA.

1429. The Member for the Third District referred to the BVIHSA last budget and asked

what the budget for 2012 is.

1430. The PSMHSD stated that the BVHSA financial year straddles the calendar year so

they are dealing with 2011-2012.

1431. The Member for the Third District asked what month is the end of the BVIHSA

financial year.

1432. The CEO answered that the end of the BVIHSA financial year is September.

1433. The Member for the Third District asked what the budget is for 2012, and what was

the subvention.

1434. The AgFC stated that the financial year was $30.9mil and the subvention was

$21million.

1435. The Member for the Third District asked if the $21.1million received created a deficit

considering how much of the budget $30.9million was was actually expended.

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1436. The AgFC answered that $26.7million.

1437. The Member for the Third District asked about the other $3million and if the services

were left un-rendered.

1438. The AgFC stated that the budget would have included new initiatives and some were

not implemented; but there were savings in various areas because they had to institute

cost saving. Even though the organisation budgeted for $30.9million it strived to

spend less.

1439. The Member for the Third District asked if the subvention requested last year is the

same as it is expected to be this year or even less.

1440. The AgFC as a point of correction stated that the subvention for the BVIHSA was

$21.1million last year and further stated that the Honourable Minister informed them

that they will be receiving $23million for 2013.

1441. The Member for the Third District asked how much money did the organisation

requested for 2012.

1442. The PSMHSD stated that there wasn’t a specific request for a budget of $30.9million

and projected that the organisation would raise about $5million of that from their fees

so the balance would have been $25million.

1443. The Member for the Third District as a point of clarity asked if the organisation was

expecting $25million last year and if it is expecting $23million.

1444. The CEO stated that the request was submitted for $30.9mil and was given $21.1mil

with an expenditure of about $26.7million. This year the request comes in at

$33.3million but requested $23mil.

1445. The Member for the Third District asked if a request was made for a specific amount

$23million.

Page 295 of 330

1446. The CEO answered yes a specific request was made for $23million.

1447. The Member for the Third District asked how much money was raised at the Hospital

in 2012.

1448. The CEO answered that for the revenue periods of October to July the funds collected

were $4.2million.

1449. The Member for the Third District asked if the organisation budget was $30.million

and was told to raise $5+million.

1450. The CEO answered yes.

1451. The Minister for Health and Social Development stated that in November 2011 there

was a budget of $30million at the time he requested that the HAS reduce their budget

and reduce it to $26 million. He then asked the question, how much money can the

organisation raise and was told approximately $5million. He further stated that he

then advised the HAS that they will receive $23million. There is currently a budget

of $33million for 2012/2013 and as Minister he has no intention to ask for it to be

reduced but will give a subvention of $23mil and the organisation will ensure that the

additional revenue is collected.

1452. The Chairman BVIHSA stated that if the records go back to about seven to ten years,

it would show that the total revenue to be collected is in the neighbourhood of about

$28million.

1453. The Minister for Health and Social Development further stated that he has no doubt in

his mind that if fees are collected the organisation would be able to meet their

obligations. He further stated that his job is not to throw money at a health care

system but to ensure that the health care system evolve to become if systems are in

place and working efficiently something efficient because if its not done now when

we get to the National Health Insurance where you have to justify the charges made

for the services given, it becomes even more critical that systems are in place.

Page 296 of 330

1454. The Chairman BVIHSA stated that the challenges of financing health care are

multiple in this community because 80% of our clients were deemed exempt by the

Government (over 65, under 16, Firemen, Policemen). That was one area the

organisation sought to address that they feel has been an impediment. They also seek

to address the fee structure. In order to become financially viable it was recognised

that the low cost of hospital stay is not viable so they tried to look regionally for the

fee structure that will not be burdensome to the people; but implement something that

would work. Of the services being delivered to the population 20% cannot pay even

though they come to the hospital and services delivered and given a bill; it’s hard for

them to pay. That is about 50% of the 20% that is left. Of the 10% left, they may be

able have 5%-7% of them paying on time.

1455. That is where the organisation would get the $4million from. Part has been on the

BVIHSA side because people are not getting bills on time and they believe with the

improvement of the infrastructure in terms of the informational management system

they would be able to more efficiently manage care and also do the necessary on time

billing so that people are not waiting to get a bill. By addressing some of the issues

they will be able to increase the revenue stream of the BVIHSA and become a more

viable financial institution where they hope if they need $30million for budget they

could say to Government, give us twentywe will raise the other ten. There will be

evidence that the organisation can since there were no system or structure in place and

proper legislations to change certain fees. They are to address the revenue issue from

a more comprehensive standpoint that may not be burdensome to people but will help

the organisation to meet its objectives.

1456. The Member for the Third District stated that at one time there was no one on duty to

collect fees after 5pm at the hospital. He asked if this has changed.

1457. The Chairman BVIHSA answered yes.

1458. The Minister for Health and Social Development referred to the persons eligible for

exemption that the Chairman BVIHSA spoke of and stated that Cabinet had approve

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the amendments to the Public Hospital Regulation. There is no need to exempt

Police, Firemen etc because the Government pays for their medical insurance.

Persons who cannot pay will be the responsibility of the MHSD.

1459. The Member for the Second District stated that from the information given, the

construction of the hospital will be completed in August 2013; the outfitting takes 3-4

months which will take it to December 2013. He asked when the hospital will be

operational and what the plan is going forward for funding taking into consideration

the budget is approved in three year cycles.

1460. The Minister for Health and Social Development stated that the budget is approved in

three year running cycle it is not fixed. He further stated that next year the provisions

would be looked at and adjusts upwards or downwards.

1461. The Member for the Second District reminded the SFC that the cost of operating the

new hospital will be much higher.

1462. The Minister for Health and Social Development agreed that the cost will be a lot

higher and further stated that this is why the changes are made so that the timing of

the National Health Insurance etc would be in sync because it is estimated that health

care in this country would cost approximately $79million annually.

1463. The PSMHSD stated that when the project engineer comes to discuss the capital the

SFC could find out more information about those plans.

1464. Territorial Member Archibald Christian asked how many persons in the BVIHSA are

in an acting position.

1465. The CEO answered that she does not have that information with her.

1466. Territorial Member Archibald C. Christian asked if the HRMBVIHSA is in an acting

capacity.

Page 298 of 330

1467. The HRMBVIHSA stated that she is not acting HRM; but is appointed to the post of

SHRABVIHSA and further stated that there are individuals within the BVIHSA in

acting capacities; but she does not have the information readily at hand; but can get

the information for Members.

1468. Territorial Member Archibald C. Christian asked for the number of persons who are

acting and their classifications.

1469. Territorial Member Archibald C. Christian referred to page one of the documents

presented to the Members and asked about the plans for patient satisfaction.

1470. The CEO answered that they are currently implementing surveys, conducting

interviews, looking at strengthening the complaints process and being timely and

readily available for persons who may have issues. There have also been discussions

about some of the other areas of developing risk analysis and beefing up the services

and identifying gaps in services.

1471. The Member for the First District enquired about who is working on the Regulations,

Policy and Legislations for the medical school and do they have the expertise to do

such.

1472. The PSMHSD answered that there has been a committee appointed by Cabinet that is

co-chaired by herself and the PSMEC and the Committee has a mandate to present to

Cabinet a preliminary drafting instructions for Legislations to be created for the

licensing of Tertiary institutions including medical schools and they intend to have a

submission to Cabinet by the end of the year.

1473. The Member for the Second District further asked who is working on the

Legislations.

1474. The PSMHSD answered that once Cabinet approves the policy framework it will be

submitted to the AGC.

Page 299 of 330

1475. The Member for the Second District asked if which Ministry/Department would

prepare the Regulations.

1476. The PSMHSD stated that what they had in mind is for the Regulations to be

developed under the Education Act. The Honourable Minister for Education &

Cultute would pilot that. Cabinet would determine whether that is the course of action

they wish to take and based on the decision further instructions would be given to the

AGC.

1477. The Member for the Sixth District stated that she would like to congratulate the

BVIHSA. She was hospitalised earlier in the year and the treatment was well not

because she is an elected official, she walked the hospital ward and questioned

patients and the responses she received were very good.

1478. The Member for the Sixth District asked if something could be put in place to give

persons who are interested in nursing an idea of the requirements for becoming a

Nurse.

1479. The CEO stated that sought clarity as to whether the persons are qualified by a degree

or are just interested in nursing.

1480. The Member for the Sixth District stated that there are a number of persons interested

in nursing.

1481. The CEO stated that the organisation has three Nursing Trainee posts where persons

could come to the organisation and receive practical experience prior to furthering

their studies in the area.

1482. The Member for the Sixth District asked if it would apply to High School graduates.

1483. The DHS answered that in order to become a Nursing Trainee one would have the

prerequisite by starting a programme at HLSCC and take the sciences and math

needed, apply to a School of Nursing and has been accepted. Or they have applied to

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a School of Nursing and are in need of practical experience. That person is brought

into the Hospital to practice for twelve to eighteen months to get the skills sets up and

then they go off to school.

1484. The Member for the Sixth District sort clarity on whether a person must be enrolled at

HLSCC before they could enter the Nursing Trainee Programme at the Hospital.

1485. The DHS stated that in the meantime, they are looking at ways to start attracting

persons to the HSA because it is understood that the new hospital must be staffed.

Instead of waiting for schools to invite them in they are creating a plan where the

organisation go to the schools, especially at the Primary School level and speak, not

only about Physicians, but also about the Allied Health Services such as medical

technology, radiology etc. The organisation is creating its own plan to go to the

schools.

1486. The Member for the Third District asked if the BVIHSA offer scholarships.

1487. The PSMHSD answered that the BVIHSA would have had in the past a training

budget for training of the existing staff. Within the MEC under the scholarship

programme between 2007 to present there are approximately twenty nine who are

supported to pursue nursing. Those would be students who have completed and who

are still in school. There are other students in other health professions and it is

through the MEC that the greater part of the training is taking place. In addition, the

SSB also offers nursing scholarships.

1488. The Member for the Third District stated that considering that the Government has a

training programme for central Government employees, as a Government agency

shouldn't the BVIHSA have a training programme for the advancement of its

employees.

1489. The CEO stated that they do have provisions in the budget for training to get

employees to step up and ready for post and positions; however, right now its about

economics and priorities.

Page 301 of 330

1490. The Member for the Third District asked if training is a low priority.

1491. The CEO answered in reality no; but in practicality yes. Urgent care, medical care,

medical services, pharmaceutical supplies, keeping relationship with vendors and the

payroll.

1492. The Member for the Third District asked if an individual from overseas is hired of the

same qualifications that the organisation could have received by training their own

staff couldn’t those emoluments be used to train a member of staff to fill the same

slot.

1493. The CEO answered that in practicality it could work; but in health care services they

are looking at real time. They are looking for persons with real time diagnosis,

disease and care management. The persons with the certifications and training could

take up to ten to fifteen years and health care cannot wait.

1494. The Member for the Third District stated that if the organisation starts to train persons

now, fifteen years from our services will be self sufficient.

1495. The CEO stated that they are in the process of developing the leadership core and the

competencies that is all driven by money.

1496. The Member for the Third District stated that the organisation must insist that central

government fund the programmes.

1497. The CEO stated that the PSMHSD made comments to the fact that they are looking

the one hundred and five persons who are currently out in some area of health care or

medicine.

1498. The Member for the First District sought clarity on the number of students studying

health care or medicine.

1499. The PSMHSD clarified that those are the figures of students who would have

completed between 2007 to present and those that are still in study.

Page 302 of 330

1500. The Member for the First District requested a copy of the record of students who are

studying in the medical field or any other medical related areas and also when the

students went to study, when they returned and their projected date of return.

1501. The Minister for Health and Social Development stated that he previously stated that

the Doctors that were being trained are now returning and there are about six or seven

who have returned. He further stated that there is a need to train more Nurses and

Allied Health professionals.

1502. The PSMHSD stated what the objective is to plan better for the staffing needs of the

health sector and they are in the process of developing a Human Resources for Health

Plan which will enable them to anticipate the need for certain type of skills whether in

the Public or private health sector. If they could understand the quantity needed in

each area then the training programme could be better rationalised and it include

training young students as well as retraining some of the existing staff to meet

changing needs. Therefore, they are working to bring structure to the process of

retooling our people to take up the opportunities in the health sector.

1503. The Member for the Third District asked for clarity the name of the Plan previously

mentioned by the PSMHSD.

1504. The CEO stated that the line item is indicated as Training.

1505. The Member for the Third District asked how much is budgeted for the Training.

1506. The AgFC answered that the line item for study leave is $56,000 covers students who

are currently away on training.

1507. The Member for the Third District asked for clarity if there is funding of $56,000 for

students who are abroad training.

1508. The AgFC answered yes.

Page 303 of 330

1509. The Member for the Second District asked how many did they plan on sending based

on the organisation’s budget.

1510. The AgFC answered that the amount only covers the students that are away. There is

also continuing education for $20,000 that’s for the Specialist Doctors.

1511. The Member for the Third District asked how much money would be needed to fund

the programme.

1512. The CEO answered that previous studies from a global prospective stated that 10%-

15% of the budget usually goes towards training of current staff.

1513. The Member for the Third District stated that although that is theory, what would the

organisation wanted to fund the programme.

1514. The CEO stated that it would be wonderful if they had 10%; but they would have to

prioritise accordingly.

1515. The Member for the Third District stated that at the end of the year the CEO would be

writing a report that would include her views, objectives and observations of the

facility and asked where she would like to see it going forward. He stated that he will

wait on the report to see what her views are.

1516. The CEO stated that she has been in the post since 1st October 2012.

1517. The Chairman thanked panel for their presentation and for answering the questions

asked by the Members.

Page 304 of 330

HEAD 4100 PENSIONS AND GRATUITIES

Present:

Mr. Neil Smith Financial Secretary, Ministry of Finance (FS)

Ms. Anna Rabsatt Ag. Accountant General, Treasury Department

(Ag. Acc. Gen)

Ms. Maria Thomas Finance and Planning Officer, Ministry of

Finance (FPOMOF)

1518. The Chairman thanked the panel for attending the deliberations, and requested that

they state their names and positions for the record.

1519. The Minister for Health and Social Development enquired whether the funds allotted

under this head was sufficient to cover pension for officers within the Public Service.

1520. The Ag. Accountant General stated that based on historical trends each year the funds

allotted would be sufficient. She noted that if the department considered officers who

are eligible and have 25 years of services or are already the age of 60 years, and they

all retire, then the money would be insufficient. She also noted that in the budget

estimates submitted to the Ministry of Finance an extra Million was added to this

Head. She noted that after discussion with Human Resources some officer is making

hasty decision when it comes to retirement.

1521. The Minister for Health and Social Development enquired whether officers have to

give a year notice before planning to retire from the Service. The Ag. Accountant

General replied that it was reduced to six months notice.

1522. The FS commented that the matter of pension has been burning issue that the

department has to face. He stated that officers eligible for retirement in 2012 would

be at a value of Three Million dollars to the Government. He further stated that the

there are officers in the system with 25 years and over who are eligible for retirement

Page 305 of 330

at any given time with full pension. He noted that the estimated annual pension

would be over five million dollars and the gratuities are 20.8 million dollars.

1523. The Chairman thanked the panel for answering the questions asked by the Members.

Page 306 of 330

HEAD 4200 MISCELLANEOUS

Present:

Mr. Neil Smith Financial Secretary, MOF

Mrs. Maria Thomas Finance & Planning Officer, MOF

1524. The Chairman thanked the panel for attending the deliberations, and requested that

they state their names and positions for the record.

Subhead 511000 – Personal Emoluments

1525. The Minister for Education and Culture enquired what was covered under this

subhead.

1526. The FS stated that this subhead covered increments as well as vacant positions which

are not funded.

Subhead 572120 - Compensation

1527. The Minister for Health and Social Development enquired what this subhead covered.

1528. The FS stated that these funds are used in instances where the Government has been

held liable for certain acts.

1529. The Chairman thanked the panel for answering the questions asked by the Members.

Page 307 of 330

HEAD 4300 PUBLIC DEBT

Present:

Mr. Neil Smith Financial Secretary, MOF (FS)

Mrs. Maria Thomas Finance and Planning Officer, MOF (FPOMOF)

1530. The Chairman thanked the panel for attending the deliberations, and requested that

they state their names and positions for the record.

1531. The FS stated that the Ministry of Finance had broken down this head into two

sections the interest and principal sides of payment. He noted that the Ministry has

pulled out the commission and management fees which would give the SFC a clearer

picture of what these loans cost and the principal payment. He stated that this way

was more explicit and gives the SFC more information.

1532. The Member for the Second District enquired whether these were all the outstanding

loans in 2012.

1533. The FS stated that the Ministry of Finance made provision for works at the TB

Lettsome airport. He noted that this was a budgeted amount so a figure was allotted.

He further stated that this was a preliminary indication of what they would be able to

afford. He added that if the Ministry of Finance did not budget this figure when the

loan was approved they would not have provisions for the interest payment for the TB

Lettsome Airport. He noted that the interest would be 6% on $50 million dollars

which was a provision of the interest payment for whether the loan was approved.

1534. The Member for the Second District questioned how the Ministry of Finance could

allot $3 million dollars under debt in the 2013 Budget. He further stated that he was

confused as to why $3 million dollars was shown under debt payment on interest

when there was no loan for the new airport project.

Page 308 of 330

1535. The FS noted that the interest was being paid from the local funds. He explained that

during the construction period only the interest was paid. He noted that as good

stewards of the Territory’s finances, the Ministry of Finance made provision for

interest from $50 Million dollars in 2013 at a provisional interest rate of 6% which

gave the figure of $3 million dollars in interest payment as a proper budgeting

practice.

1536. The Minister for Health and Social Development stated that the debt that the Ministry

of Finance would accumulate in 2013 comes with a loan proposal. He noted that this

loan proposal would identify what the Ministry of Finance needs and all soft costs

during the construction period. He further noted that during the construction period

which would not be finished by 2013 the interest for this project should be allotted

under the Capital Project. He added that the Ministry was not servicing any dept for

this project at this point in time.

1537. The Premier explained that the $3 million dollars in interest payment was allotted

under debt as a provision for when the loan was approved.

1538. The FS emphasised that the provision was made so that if the loan was approved the

funds would be in place to make payment on the interest. He stated that if the

Ministry did not make provision they would have to short change other subheads.

1539. The Minister for Health and Social Development stated that he understands that the

FS was trying to secure the funds so that once the loan was approved they would have

already made provision for interest payment. He noted however that the $3 million

dollars was placed under the wrong head.

1540. The Member for the Second District asked the FS for an overview of the existing debt

as he sees it as well as the revenue and the operation of the system of government

from a technical point of view and as advisor to the Government, so that the SFC

could get a fixed prospective on the Government’s way forward. He enquired how

much dept the Government can take on without making any money.

Page 309 of 330

1541. The FS stated that the current outstanding debt was $113.8 million.

1542. The Member for the First District enquired the current deficit incurred by the

Government.

1543. The FS explained that the deficit was total expenditure versus the total revenue

collected. He noted that it was possible to have a deficit and still have a healthy

organization, because the deficit can be funded via a loan. He also noted that based

on the Government’s deficit figure the Territory was very healthy. He further noted

that nevertheless the funds needed to be managed properly.

1544. The FS further and explained that the borrowing guidelines are 10% of the current

expenditure which can go up to $29 million. He noted that the Ministry of Finance

has a projection of what the deficit would be at the end of 2012. He further stated

that they forecast the deficit for 2012 would be $12.12 million dollars. He stated that

the deficit was being funded through loan funding. He noted that the deficit derived

was from the hospital project, as the Ministry anticipates the use of loan funds for this

project. He further noted that the deficit has nothing to do with the revenue collected

or operational expenses.

1545. The Member for the First District enquired the amount of the 2010 and 2011 deficit.

He also enquired how the deficit from the previous year was offset at the beginning of

a new year.

1546. The FS stated that he does not have the deficit information for 2010 at hand, but the

figure would be provided to the SFC at a later date. He further stated that in 2011 the

deficit was 11.8 million The FS clarified that the deficit was the actual spent and

there might be issues of commitments that were not paid, which would be a separate

issue. He added that if for a particular year a particular amount is spent and you fund

that deficit with a loan or existing cash balances that is not necessarily a problem. He

noted that the issues lay when there are commitments that you did not cover but as a

Government commitments have to be met. He further noted the Ministry of Finance

Page 310 of 330

would just roll over the deficit to the next year and encourage all Ministers to reduce

those commitments down to a zero balance.

1547. The Member for the First district queried whether the deficit for 2011 was included in

the projected figure provided for 2012 deficit.

1548. The FS stated that the 2011 deficit and the 2012 deficit were independent of each

other. He noted that the $11 million incurred in 2011 would have been covered by

existing cash balances or loan funding. He noted that this would have decreased the

Government reserves levels and cash balances by 11 million dollars. The FS

commented that the Ministry of Finance was trying to make sure that all

commitments are met for 2012 so that they would not have to roll over to 2013. He

also noted that the commitments for 2011 that roll over to 2012 are almost eliminated

and that should be brought to a zero balance by the end of the year.

1549. The Chair thanked the panel for their presentation and for answering the questions

asked by the Members.

Page 311 of 330

HEAD 321 DEPUTY GOVERNOR’S OFFICE CAPITAL

Present:

Mr. David Archer Permanent Secretary, Deputy Governor’s Office

(PSDGO)

Mrs. Kara Penn-Stoutt Finance and Planning Officer, Deputy Governor’s

Office (FPODGO)

1550. The Chairman welcomed the PSDGO and his team and asked them to state their

names for the record to which they complied.

1551. The Member for the Eighth District enquired about Archive Depository;

1552. The PSDGO stated that it is the records for the country and safe keeping of those

records.

1553. The Member for the Eighth District further enquired about the location of the records.

1554. The PSDGO stated that there is a temporary location and it is hoped that they will

have a larger center in the future to keep all records in a better way.

1555. The Member for the Eighth District asked if the temporary location is fire proof.

1556. The PSDGO stated that one of the locations is fireproof while the other is not;

however, they are in the process of working on installing a fire suppression system at

the location that is not fireproof.

1557. The Chairman thanked the panel for answering the questions asked b the Members.

Page 312 of 330

HEAD 322 PREMIER’S OFFICE CAPITAL

Present:

Mrs. Rosalie Adams Permanent Secretary, Premier’s Office (PSPO)

Mrs. Elvia Smith-Maduro Assistant Secretary, Premier’s Office (ASPO)

Mr. Jamal Jones Finance Officer, Premier’s Office (FOPO)

1558. Territorial Member Archibald C. Christian enquired as to why there was no allocation

for Historical Sites (3220820) for three years.

1559. The Premier suggested that the Territorial Member look at Subhead 3220800 –

Premier’s Developmental Projects.

1560. The Minister for Education and Culture enquired about the $85,000 under Subhead

3220500 -Culinary Arts Centre.

1561. The PS explained that the project came to a close and had been handed over to the

Ministry of Education and Culture. She noted that the only monies left to be disbursed

would be the retention.

1562. The Chairman thanked the panel for appearing before the Standing Finance

Committee and dismissed them.

Page 313 of 330

HEAD 323 MINISTRY OF FINANCE

Present:

Mr. Neil Smith Financial Secretary, Ministry of Finance (FS)

Ms. Maria Thomas - Finance and Planning Officer, Ministry of

Finance (FPOMOF)

1563. The FS stated that Ministry of Finance will not be embarking on any capital projects.

He further stated that the Ministry would be concentrating on the policy aspect.

1564. The FS explained the various funds that would fund the capital projects.

1565. The FS thanked the different units within the Ministry of Finance and their heads on a

job well done.

1566. The Chairman thanked the panel for their brief presentation.

Page 314 of 330

HEAD 324 MINISTRY OF NATURAL RESOURCES AND LABOR

Present:

Mr. Ronald Berkley-Smith - Permanent Secretary, NR&L

Mrs. Louanna Hodge- Smith - Ag. Finance and Planning Officer, NR&L

1567. The Chairman welcomed the panel to the deliberations and asked that they state their

names, positions and the department which they represented for the record to which

the panel complied.

Subhead 3242330 –Lifeguard Tower Facilities

1568. Territorial Member Archibald C. Christian stated that he was happy to see that

funding for the life guard tower facility was allocated for in the budget.

Subhead 3242420 – Fisheries Project Anegada

1569. Territorial Member Archibald C. Christian asked for a synopsis of what the project

entailed.

1570. The PS informed the Committee that in essence another fishing complex would be

development on Anegada. He further explained that the fishing industry was

promising and hopefully the funds allocated would construct the facility and get it

staffed in order to engage more rapidly in deep sea fishing.

1571. Territorial Member Archibald C. Christian queried exactly where in Anegada the

complex would be located.

Page 315 of 330

1572. The PS informed the Committee that the complex would be located in the vicinity of

the Anegada Reef Hotel as that area had been abandoned for some time.

3241500 – Purchase of Land

1573. The Member for the Fifth District stated queried why no funds were allocated for the

purchase of lands in 2013.

1574. The PS informed the Committee that as a result of the cutting of the road in Spooner’s

Estate thus no funds were allocated to purchase land.

1575. The Member for the Fifth District stated that land was a precious commodity in the

Territory and stated that in her opinion and funds should always be allocated in the

event that lands became available for purchase to which the Member for the Eighth

District agreed.

1576. The Premier stated that the concern would be taken into consideration. He further

stated that if monies became available funds would be allocated to the subhead for the

purchase of lands.

Subhead 3242120 – Virgin Gorda Substation

1577. Territorial Member Archibald C. Christian queried whether the funding was allocated

to relocate the agriculture station in Virgin Gorda to which the PS responded in the

affirmative.

1578. The Chairman thanked the panel for answering the questions asked by the Members.

Page 316 of 330

HEAD 325 MINISTRY OF EDUCATION AND CULTURE

Present:

Dr. Marcia Potter Ag. Permanent Secretary ((AgPS)

Miss C. Jovita Scatliffe Ag. Finance and Planning Officer (AgFPO)

1579. Territorial Member Archibald C. Christian enquired about Subhead 3253260 Anegada

Recreational Park and there being a provision in there for a horse track.

1580. PSMEC answered in the negative.

1581. The Member for the First District asked if more funds could be placed in subhead

3252610 Technical vocational school; he asked for $750,000.00.

1582. The Premier informed the Committee that at the end of the Standing Finance

Meetings, they would go through the budget and see how they could make requests

feasible. He further stated that he was assured that we can meet the needs of MEC to

the end of 2012.

1583. The Chairman thanked the panel for appearing before the Committee and for

answering questions asked by Members.

Page 317 of 330

HEAD 326 MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT

Present:

Mrs. Petrona Davies Permanent Secretary (PSMHSD)

Mrs. Carolyn Stoutt-Igwe Deputy Secretary (DSMHSD)

Ms. Kisha Donovan Finance Officer (FOMHSD)

1584. The Chairman welcomed the PSMHSD and her team and asked them to state their

names for the record to which they complied.

1585. The Member for the Third District stated that he has questions specifically to the

hospital project.

1586. The Chairman asked if the Minister for Health and Social Development and the panel

will address the questions by the Members of the SFC.

1587. The PSMHSD stated that the project office provides support to her and believes that

they are able to address the questions raised by the SFC.

1588. The Member for the Third District enquired about the whereabouts of the Project

Manager for the Hospital.

1589. The PSMHSD stated that the Project Manager has left to attend a previous

engagement.

1590. The Member for the Third District stated that ever since the project has been ongoing,

every time there are SFC meetings, the Project Engineer is present.

1591. The Chairman thanked the PSMHSD and her extensive team for reappearing and

giving information to the SFC.

Page 318 of 330

1592. The Minister for Education and Culture asked if an issue was previously raised that

persons who are on contract cannot appear before the SFC. He further stated that this

issue was raised by the Member for the Third District and if that is the case then the

Project Engineer would be working on contract for the Government.

1593. The Member for the Third District stated that he thinks the Minister of Education and

Culture does not understand.

1594. The Minister for Education and Culture asked for clarity on the issue.

1595. The Member for the Third District stated that the previous discussion was in regards

to a different capacity. If the person on contract was coming in as an Accounting

Officer, which is a statutory position as far as the budget is concerned and, is the

person who is approved by this body to disseminate funds from the budget.

1596. The Member for the Third District stated that he will not proceed with any questions.

1597. Territorial Member Archibald C. Christian asked for clarity on the difference between

Subhead 3263900 – Social Housing and Sughead 3264050 No Income Housing

Project.

1598. The PSMHSD asked that the question be referred to the Ministry of Finance for

further clarification.

1599. The Minister for Health and Social Development stated that he is the one who came

up with the wording (No Income Project). He further stated that there are a group of

people in the community who cannot afford to build homes not even at the low

interest mortgage levels. The Government built some homes on lands owned by

individuals and based on Needs Analysis by the Development Department.

1600. The PSMHSD asked if Subhead 3264050-No Housing Income Project could be

captured in Subhead 3263900 – Social Housing Project.

Page 319 of 330

1601. The PSMHSD stated that the Minister for Health and Social Development was

explaining that there was a housing programme already established where persons

with some means were able to repay at a subsidise rate. However, there are persons

in the community who are indigent and they are embarking on creating housing for

that category of people. She further stated that it would be best of both sets if funds

are managed under Subhead 3263900 – Social Housing rather than two separate

Subheads.

1602. The Member for the Eighth District asked what is the income bracket that one would

qualify for social housing.

1603. The Minister for Health and Social Development stated that it does not go through an

income bracket; however, Social Development does all assessments.

1604. The Minister for Health and Social Development stated that there is a housing project

that was under the Ministry of Natural Resources; however, that is not the one that his

ministry is trying to administer. They are trying to administer the one that must be

addressed from a socio economic point of view because there is a dire need. The

condition is that a person must have the land in addition to other criteria.

1605. The Minister for Health and Social Development asked the Minister for Finance for

the Jost Van Dyke helipad and the Iris O’Neal Clinic be listed. The Ministry of

Finance may need to create another number.

1606. The PSMHSD if it is not listed under Ministry’s development projects.

1607. The Minister for Health and Social Development answered yes; but he would like to

have them listed separately.

1608. The PSMHSD suggested that the National Health Insurance Project Office should

also be listed separately.

1609. The Minister for Health and Social Development answered yes.

Page 320 of 330

1610. The Chairman thanked the panel for answering the questions asked by the Members.

Page 321 of 330

HEAD 327 MINISTRY OF COMMUNICATIONS AND WORKS

Present:

Mr. Gary Penn Deputy Secretary (DS)

Mrs. Margaret Jones-Green Finance& Planning Officer (FPO)

Mr. Anthony McMaster Deputy Secretary (DS)

Dr. Drexell Glasgow Chief Infrastructural Planning Research and Development

Mrs. Perline Scatliffe-Leonard Human Resources Manager (HRM)

Ms. Diane Todman Finance Officer (FO)

3274200 Road Infrastructure (CDB)

1611. The Member of the Third District enquired from the CIPRD when are the projects are

going to commence and to explain the plan of execution.

1612. The CIPRD explained that the Ministry was in currently in the process of securing an

engineer consultant. He added that one of CDB’s stipulations was to have on board an

engineer consultant to complete designs and also serve as project management to the

project. He explained that the process was exhaustive and that the Ministry has shortlisted

plausible consultants. He stated that CDB give the okay to go ahead and to invite the four

consultants to submit a bid. He informed that the Ministry will be sending out the

invitations in the following week with the expectation to have them back within a month

so that actual works on the ground will commence very early in the New Year.

1613. The Member for the Third District enquired as to what capacity the engineers will be

functioning as, what caliber of engineers are required, and the extent to which they will

be involved in the project.

1614. The CIPRD stated that the Engineer Consultant is expected to be able to design projects

using international standards and have the requisite project management skills. He added

Page 322 of 330

that the assignment had to be tendered locally and internationally due to the particular

size of the project.

1615. The Member for the Third District asked what the engineers are expected to do, are they

going to be engineering the work or are they going to be just managing the projects.

1616. The CIPRD explained that the designs were very preliminary when CDB was approached

and part of their mandate is to complete those designs. He added that they do have the

option of accepting the works, the designs that were started by Public Works, or they

have the option of accepting them or completing them or if they choose to do totally new

designs for the exact work.

1617. The Member for the Third District noted that it was actually full-fledge engineering firms

and not individuals who could act as a consultant.

1618. The CIPRD agreed that it is actually firms. He added that firms have applied and not

necessarily one individual.

1619. The Member for the Third stated that some of those projects were fully engineered and

noted that Kraus Manning and Caribbean Engineering worked on some of those projects.

1620. The CIPRD stated that the Member is correct. He stated that there were five to six

projects that were designed by Cross Manning Systems Engineering. He added that they

were accepted by CDB and those will go forward without the engineering consultant. He

informed that the majority of the projects require the engineering consultant and they

have started one of those projects on Jost Van Dyke using Systems Engineering Designs.

He added that there are works in Cane Garden Bay, Pockwood Pond, Palestina that has

also been accepted by CDB and the consultants are preparing the tender documents to be

forwarded to CDB for non- objection.

1621. The Member for the Third District enquired whether Public Works will be able to work

on those projects too or they are not accepted as qualified.

1622. The CIPRD informed that in terms of designs, Public Works will not have to do any of

the designs.

Page 323 of 330

1623. The Member for the Third District stated that he was also concerned about contractors for

construction and asked what are the qualifications for those contractors, what are the

requirements for contractors to work on the project and also whether there was a

minimum size monetary value of a project.

1624. The CIPRD stated that in terms of actual qualifications, nothing has been specified but

the way the project is structured the majority of the projects have to go through a formal

tender process and it’s all tendered locally so contractors will have to put in a successful

bid and be evaluated as per the procurement process.

1625. The Member for the Third District asked what is meant by tendered locally, isn’t it

regional as well.

1626. The CIPRD stated that the construction works is only open to national competitive

bidding.

1627. The Member for the Third enquired whether it was a requirement that anyone under the

CDB umbrella be able to bid on these projects.

1628. The CCIPRD responded in the negative.

1629. The Member for the Third asked if only the procurement.

1630. The CIPRD stated that only the procurement of the engineering consultant.

1631. The Member for the Third enquired about the material.

1632. The CIPRD stated that the stipulation on the material has to be purchased from a CDB

approved country and there is a list of them.

1633. The Member for the First District asked about the projects and enquired given the

geographic location of the First District whether there were any projects for that

geographic location. He suggested to the CIPRD that the information requested could be

supplied in writing.

Page 324 of 330

1634. The CIPRD mentioned that as a part of the project the Ministry of Communications and

Works is planning procurement workshops for contractors.

1635. The Member for the First enquired whether contractors would need to provide a

performance bond.

1636. The CIPRD responded that according to the local procurement procedure they would be

required to provide a performance.

1637. The Leader of the Opposition stated that caution must be taken when choosing some

outside contractors and leaving out local people unless you have good trusted people to

do the work and to see that the work is done properly and to make sure get value for

money.

1638. The Minister for Communications and Works informed the Committee that a question

that he had put to the CDB Group when they met was that the engineering contract was

going to be regional locally and together they agreed that the construction work would be

bid locally only not outside of the Territory.

1639. The CIPRD agreed and added that there will be a team of evaluators evaluating the

contractor bids.

1640. The Member for the Third District noted that as far as he was aware, some of the projects

are not big and as such are not major contracts, probably in the range of $75,000 and

asked the CIPRD whether those projects have to go to bid as well.

1641. The CIPRD stated that there was actually a little correction on that. He informed that

there are two instances where some projects like those mentioned by the Member for the

Third District were actually lumped together to form one package. He added however,

there are six of them that will qualify for a local contribution which can go through the

local petty contract system.

1642. The Member for the Third noted that there is allowance given by the CDB to determine

where the contribution goes to make up the $15.6/7 million.

Page 325 of 330

1643. The CIPRD stated that basically the local contribution is approximately 1.6 million and

of that contribution there are some projects that can go through as it is done locally.

1644. The Member for the Third District enquired if it was possible to take a project at corner

A, combine it with one in corner B and C and call it one project to be executed under a

single contract.

1645. The CIPRD informed the Committee that the way CDB has put together the projects is

what is called packages. He explained that in some cases there maybe three or four

projects that make up a package and grouped by the geographical location.

1646. The Member for the First District asked the CIPRD whether his mandate was the CDB

Loan at the SFC deliberations and what was his scope.

1647. The CIPRD stated that the CDB loan wasn’t exactly in his mandate but was named the

Project Coordinator and therefore under his purview. He informed that his actual duties is

that of Chief of Infrastructure, Planning, Research and Development which do a lot of the

planning in the Ministry, a lot of the major projects that is involved in the Ministry.

1648. The Member for the First District asked what kind of planning was the CIPRD involved

with in the Ministry.

1649. The Minister for Communications and Works informed the Committee that the CIPRD is

responsible for the development and planning of the Ministry’s major works, road works,

bridges, etc. that the Ministry is planning to execute on an annual basis. He explained that

once he has planned them and developed them, the Public Works Department along with

a Project Management Unit that is being developed in the Ministry will be responsible for

executing them.

1650. The Leader of the Opposition enquired regarding works in the Ninth District for a section

of the Valley Road, from Town Bay to the Marina under the CDB Loan.

1651. The CIPRD stated that that project remains the same and will be under the purview of the

Engineering Consultant once he’s on board. He added that the project is still active and

yet to be completed under the CDB Loan.

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1652. The Minister for Communications and Works informed the Committee that the project

has in the CDB Loan component $1.6 million dollars and stated that he did go to visit the

site with the group. He added that it is continues to be a high priority. The Minister for

Communications and Works explained that under the CDB program there are certain

things that have delayed moving the project along, especially the selection of this Chief

Engineer and CDB told him without any exception that the group must be on board

before any of their projects are executed under their part of the funding.

1653. The Minister for Communications and Works stated that he thought it might be useful for

Members purposes if the CIPRD could list the three of four who have been shortlisted so

that they can have an idea of who these people are.

1654. The CIPRD informed the Committee that there is one local company that was shortlisted,

Systems Engineering; Mark McDonald from the UK; FDL Consult Inc. from St. Lucia;

and Caribbean Civil Group from the Bahamas.

1655. The Member for the Third District enquired as to the composition of the finance package,

how much is CDB putting up and the local government putting up.

1656. The CIPRD informed the Committee that in totality the amount from CDB represents 90

percent of the total loan agreement which is 15.6 million dollars.

TNIF FUNDED

3275100 Road Construction

1657. The Member for the First District enquired about the status to date of the many projects

in the First District that he previously brought to the attention of the Minister. In

particular the Member for the First District enquired as to what phase and stage was the

drainage project in Capoon’s Bay at to date.

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1658. The Minister for Communications and Works informed the Committee that the drainage

in Capoon’s Bay has been a project under the Ministry that is being continued and will be

funded from Subhead 3275300 (MC&W Development Project).

1659. The Minister for Communications and Works stated that in consultation with the Minister

of Finance they would like to allocate to each of the Districts $250,000 under Road

Construction and under Civil Works as was done before and then any other major works

that Members may want to suggest that may be in their Districts. He added that the

Ministry wanted to begin some major road works throughout all the Districts that will

come out of 3275100 but adjustments will be made in the budget to allocate $250,000 to

each District; $150,000 under Works and $100,000 until Civil Mitigation.

1660. The Member for the Third District stated that last time in the 2012 Budget, there was

$100,000 that was allocated to each District and that he is still looking for it. He added

that he wanted to know how Members of the Opposition access this money.

1661. The Minister for Communications and Works stated that it was his thought that it may

not have been properly managed in the beginning but started trying to manage it later on

in the process. He added that recently they have evaluated the District and what is

outstanding and Members will be called to let them know that there are funds available in

the District and they can name some projects that they want to have completed before the

end of the year.

1662. The Chairman thanked the panel for answering the questions asked by the Members.

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HEAD 328 MISCELLANEOUS

Present:

Mr. Neil Smith Financial Secretary, Ministry of Finance (FS)

Mrs. Maria Thomas Finance and Planning Officer, Ministry of

Finance (FPOMOF)

1663. The Chairman thanked the panel for attending the deliberations, and requested that

they state their names and positions for the record.

Subhead 3306100 Special Projects

1664. The Member for the Second District enquired since the funds were under the Premier

1665. Special projects whether funding for beach bathrooms would be taken from this

subhead.

1666. The Premier stated that whatever projects District Members came with would have to

go through the same rigors as the project Government are doing.

1667. The Member for the Second District enquired that once the project was prepared it

could be submitted to the Premier for consideration.

1668. The Premier noted that once submitted the project would have to be costed and go

through the same protocol as other Government projects.

1669. The Chair thanked the panel for answering the questions asked by the Members.

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CONCLUSION

1670. The examination of the Recurrent Budget Estimates of Revenue and Expenditure and

the Capital Budget Estimates of Revenue and Expenditure for the year 2013

conducted by the Standing Finance Committee was a successful exercise which

allowed senior officers of all Ministries, Departments and Statutory Bodies within the

Government to present the achievements and challenges of their area of responsibility

and to justify the requested expenditure in the budget. The process involves the

Premier and Minister with responsibility for Finance and all Members of the House of

Assembly, the Financial Secretary and the staff of the Ministry of Finance, the Clerk

and staff of the House of Assembly, Permanent Secretaries, Accounting Officers and

key personnel from the various Ministries, Departments and Statutory Bodies.

1671. In addition to thanking the persons mentioned, the Chairman thanked the Financial

Secretary and his team, the public officers who assisted as Secretaries to the Standing

Finance Committee and other auxiliary personnel for the hard work, time and effort

given in assisting with the deliberations. The Chairman expressed heartfelt thanks to

the Members for their dedication to the process and for working tirelessly to complete

the timetable ahead of schedule.

Dated on the 15th day of December, 2012

Ingrid A. Moses-Scatliffe

Chairman

Phyllis Evans

Secretary

Page 330 of 330

APPENDIX

Dates and Times of Deliberations of the Standing Finance Committee

To Examine Draft Estimates for the Year 2012

Date of Meetings Commenced Concluded

16th November, 2012 10:19 a.m. 5:48 p.m.

19th November, 2012 9:25 a.m. 12:09 p.m.

20th November, 2012 10:51 a.m. 5:15 p.m.

22nd November, 2012 10:35 a.m. 6:51 p.m.

23rd November, 2012 10:07 a.m. 5:37 p.m.

26th November, 2012 10:32 a.m. 8:25 p.m.

27th November, 2012 1:50 p.m. 5:43p.m.