The Constitutional Review Commission (CRC) has proposed a solution to address potential conflicts between the governor and ministers in the British Virgin Islands.
The Commission recommends the establishment of a “Statement of Partnership” between the governor and the premier (by himself or on behalf of another minister) – a strategic and flexible mechanism to navigate subject conflicts and disputes arising from overlapping responsibilities.
The CRC noted that the Commission of Inquiry (COI) hearings illuminated the challenges faced by ministers in areas where conflicts between their devolved or independent subject areas and the governor’s special responsibilities become apparent.
It said the practical implications of such subject conflicts were evident, especially in critical domains like disaster management, where a minister may be responsible for environmental health while the governor oversees internal security. The question of leadership in situations of overlapping mandates, such as the minister’s responsibility for ports conflicting with the governor’s role in defence, raised constitutional, political, and administrative concerns according to the report submitted by the CRC.
Referencing the COVID-19 pandemic, the report noted that collaborative efforts between the minister of health and the governor showcased effective co-management of the crisis. However, recognizing that disputes may arise in inter-governmental relations, the CRC Report mentioned the COI commissioner’s suggestion of exploring mechanisms for dispute resolution. After evaluating various options, the CRC dismissed the inclusion of a dispute resolution mechanism in the Constitution but acknowledged the need for a practical approach.
The commissioners therefore recommended a “Statement of Partnership” inspired by section A3 of the Memorandum of Understanding between the UK and its devolved administrations. This proposed agreement outlines basic principles and guidance for the governor and the premier, facilitating the resolution of disputes amicably.
Key principles of the proposed Statement of Partnership include timely and effective communication as the foundation for minimizing conflict; discreet negotiations where confidentiality is encouraged to prevent inflaming tense situations; verification of facts to ensure that accuracy of information is relied upon by each party; administrative resolution to encourage efforts to resolve conflicts at an administrative or working level, involving the attorney general if necessary; and the involvement of the Secretary of State, which only comes into effect if no agreement is reached. Once in effect, either party can formally request an audience with the Secretary of State. At this juncture, both parties would present confidential briefings to the Secretary of State with possible options for resolution. The Secretary of State, along with the attorney general, would then propose a solution or makes a decision after weighing the information. Following this stage, both parties are to agree on a media statement to be released immediately.
The CRC emphasized that the aforementioned principles are not intended to circumvent existing protocols and procedures in the Constitution or other laws but rather to provide a simple and efficient procedure for rare cases of disputes.