Legislators tweaked the existing Police Act this month to facilitate the collection of intimate samples for DNA tests, but they have shelved a previously proposed bill designed to bring a comprehensive overhaul to policing in the territory.

Premier Dr. Natalio “Sowande” Wheatley introduced the Police (Amendment) Act 2023 on March 9, and the HOA voted to fast-track the debate the same day.

During its second reading, Dr. Wheatley stressed the need for modern and effective crime prevention legislation that also respects individuals’ freedom.

The premier previously withdrew the much heftier Police Act, 2023 on March 2, saying he would re-introduce a brief bill in its place that would allow police to conduct DNA testing with warrants but would omit previously proposed amendments that critics have said could compromise civil rights.

On March 9, he thanked the public for feedback on controversial provisions in the previous bill, which he said he introduced on behalf of Governor John Rankin.

“It is because of you that we are able to present an even greater, safer, more modern bill,” he said. “In the newest edition of the bill, consent must be given in order to take or record an intimate sample.”

If a person refuses consent, the sample can only be taken after law enforcement justifies their reasoning in writing and obtains an order signed by a magistrate or High Court judge, he said.

Sample destruction

The sample must be destroyed if the accused is acquitted, if the prosecution does not proceed with a charge, or if proceedings are discontinued, according to the premier

“The men and women who make up the Royal Virgin Islands Police Force are aware that they must be accountable for any action executed and any decision made while on duty,” he added. “They must justify their reasoning and illustrate it is of sound judgement, that it is fair, and that it is sensible.”

This bill also includes fines for officers who unjustly use those powers.

Dr. Wheatley said the pared-down bill will at least provide essential assistance for the government to investigate and prosecute crimes, particularly unsolved murders and sexual assaults.

“The further modernisation of the Police Act will be for the next House,” he added.

Unsolved homicides

HOA members lent their support for the bill, including Opposition Leader Julian Fraser, who raised concerns about the previous iteration’s provisions that would have allowed police to take samples without warrants or consent.

He also commended the premier for pushing the legislation forward while still listening to public outcry.

Other HOA members who briefly voiced support include Deputy Premier Kye Rymer; Health and Social Development Minister Marlon Penn; Natural Resources and Labour Minister Mitch Turnbull; Education, Youth Affairs and Sports Minister Sharie de Castro; Deputy Speaker Neville Smith; and government backbencher Carvin Malone.

Mr. Rymer noted that a dozen murders over the past five years remain unsolved, and he expressed hope the bill would assist police in investigating homicides. Following a brief closed-door committee debate, House members unanimously passed the shortened Police (Amendment) Act, 2023 with amendments.

The bill was not Gazetted before the Beacon’s deadline on March 15.

Previous delays

The March 2 withdrawal of the larger bill came despite Cabinet’s previous approval of it on Jan. 31, when Cabinet members decided to send it to the HOA. Two days later, Dr. Wheatley introduced the bill in the House after members voted to add it to the agenda for the day.

Debate was subsequently scheduled for Feb. 11, but it was postponed after the bill drew criticism from residents who suggested that certain provisions could threaten civil liberties.

The recent delays were not the first for the bill, which would have replaced the existing act originally passed in 1986 and most recently updated in 2013, the premier said last month.

“In 2015 the National Security Council considered and approved a new Police Act, and this bill was first introduced in the House of Assembly in 2018,” he said. “As security is a matter that falls under the remit of the governor, this bill would have been prepared through the collaboration of the Deputy Governor’s Office, the police [and] the attorney general with input from the director of public prosecutions. The premier brings the bill to the House of Assembly on behalf of the governor.”

The 2018 version of the bill, however, was not passed by the third HOA at the time, and it was introduced again under the current HOA shortly after the 2019 election.

The current HOA was dissolved on March 10.

Anegada residents who are eligible to vote on Advance Polling Day, including all elderly persons, are asked to contact the Office of the Supervisor of Elections beginning on Monday, March 27 stating your intent to do so.

Persons can contact the Elections Office at 468-4380 or electionsvi@gov.vg. Office hours are 8:30 a.m. to 4:30 p.m. The Office of the Supervisor of Elections is located at the Creque Building, Upper Main Street.

After nearly a month of public consultations, the government is considering a draft five-year plan designed to foster a “unique Virgin Islands national and cultural identity” through measures like implementing a National Museum Act, mapping heritage sights, and documenting local folklore, according to officials.

“[The] goal was to ensure that culture and heritage are ingrained in the daily fabric of Virgin Islands life — integrated across sectors,” Culture Director Dr. Katherine Smith wrote in the draft Virgin Islands Culture and Heritage Policy and Strategy. The 99-page document sets out key concepts and proposes a policy framework, an administrative and institutional framework, a legal framework, and implementation and review strategies. Priorities include strengthening national identity, developing cultural and creative industries, and stimulating social and economic benefits, according to the policy.

“Cultural policy is to be seen as an instrument that aims at empowering people to be liberated in their own creativity and self-development, through which the people are placed at the centre of their own development,” the policy states in its introduction. “The people must be fully confident in their capacity to develop themselves, becoming ‘full, unapologetic, self-confident, sovereign human beings.’”

Key goals

To those ends, the plan proposes specific measures including raising money for museums; creating new heritage legislation; collecting local tales; developing a national heroes programme; setting up a system for designating historical sites; reviewing the budget for culture; and committing a portion of the tourism budget each year to cultural development.

Citing self-determination as a leading principle, the draft also calls for more actions for cultural development, such as promoting literature by printing locally, creating more opportunities for artists to display their works and products, providing more marketing for local musicians, and making local foods more readily available in restaurants.

Emancipation ‘spirit’

Another section sets out to reinvigorate the “spirit of Emancipation,” which the policy states is largely “missing” from current celebrations. To address this issue, the policy suggests a “recalibration” to focus on authentic Virgin Islands culture, and it calls for more private-sector support.

The document also suggests creating a database of all VI cultural practitioners operating both locally and abroad, and engaging them through “social media, mailing lists, and strategic personal contact.”

Additionally, the policy calls for closer working relationships between the VI Festivals and Fairs Committee, the Department of Culture, and the BVI Tourist Board and Film Commission.

Another proposal is a law requiring radio stations, hotels, guest houses and restaurants to display a certain percentage of art produced by local artists.

Timelines for implementation are divided into short term (12 months), medium term (30 months) and long term (60 months). The also document provides for a policy review every five years.

Ongoing reviews

Feedback from consultations spanning across the territory in recent weeks will be incorporated in the final revision of the document, it states.

The draft, which is dated Feb. 14, was published on the government’s website the same day. On Feb. 15, government said that it was seeking input.

Consultations began on Feb. 22 in Virgin Gorda and continued in person on the main islands of the territory until Feb. 25. Each of the four sessions was scheduled for two and a half hours, according to a schedule posted by the government on Feb. 17. More virtual consultations with stakeholders and the public took place this month.

The government issued a notice on Friday reminding residents that it was the last day to submit feedback on the draft policy and strategy.

The draft states that the proposed policy is in alignment with the National Sustainable Development Plan — Vision 2036: Building a Sustainable Virgin Islands.

That plan was tabled last month in the House of Assembly and officially “launched” on Feb. 27.

Existing plan

The existing VI Culture Policy was finalised in 2013 and influenced by recommendations made by UNESCO consultants A. J. Seymour and Neville Dawes in 1981 and 1982, respectively, according to a press release last month from Premier Dr. Natalio “Sowande” Wheatley.