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Although ultimate executive authority rests with the British monarch exercising his powers through the Governor, the Territory is internally self-governing, and in practice Ministerial Government is exercised on a day-to-day basis by the Premier through Cabinet (although the Governor also sits in Cabinet). The British Virgin Islands operates under the Westminster system, and the Ministers and Cabinet are appointed from amongst the members of the Legislature and are not independently elected to executive office.
As a British Overseas Territory, the majority of the external relationships of the British Virgin Islands Government are conducted on its behalf by the United Kingdom through the Foreign and Commonwealth Office. However the Constitution provides that this power is delegated to Premier and Ministers of Government in relation to certain specific areas:[6]
the Caribbean Community, the Organisation of Eastern Caribbean States, the Association of Caribbean States, the United Nations Economic Commission for Latin America and the Caribbean, or any other Caribbean regional organisation or institution;
other Caribbean regional affairs relating specifically to issues that are of interest to or affect the British Virgin Islands;
the relationship between the British Virgin Islands and the United States Virgin Islands in matters of mutual interest;
European Union matters directly affecting the interests of the Territory.
However, there are a number of restrictions imposed by the Constitution upon the exercise by Ministers of that delegated power,[7] including the need for separate authority from the Secretary of State to conclude any treaty or other international agreement, and the requirement to keep the Governor "fully informed" of relevant activities and to provide on request all papers and information relating to such matters.
In turn the British Government has indicated in a letter of entrustment that will consult fully with the British Virgin Islands in relation to matters which are reserved to the United Kingdom Government, including defence, internal security and civil aviation.[8]
Public Finances
Public finances are administered through the Ministry of Finance. In the British Virgin Islands it is common for the Premier to also be the Minister for Finance. Public finance is regulation by the Public Finance Management Act, 2004.
On 23 April 2012 the Government of the British Virgin Islands signed protocols for effective financial management with the Governor and the British Minister for the Overseas Territories. The protocols contain a number of wide-ranging provisions agreeing on certain parameters for financial and risk management, making commitments to financial transparency, and includes various limitations on the Government of the British Virgin Islands in relation to borrowing.[9]
The protocols provide that all capital projects undertaken by the Government shall comply with applicable protocols for: (i) appraisal of business case and cost-benefit analysis, (ii) transparency for tendering and procurement, (iii) contract management, and (iv) evaluation process.[9]
The protocols also include certain hard limits in relation to Governmental borrowing. Under the protocols:[9]
outstanding public debt must remain less than 80% of recurrent revenue;
debt service (i.e. interest payments) must remain less than 10% of recurrent revenue; and
liquid assets must be retained in an amount of not less than 25% of recurrent expenditure.
As at 2014 public debt in the British Virgin Islands is approximately US$111 million, which is approximately 36.6% of recurrent revenues.[10] In recent years problems have arisen because of repeated unbudgeted expenditure by Ministerial departments; the problem became sufficiently acute that in 2016 the Territory's Financial Secretary wrote an open letter to all Ministers warning them against such practices.[11]
The British Virgin Islands legislature is the House of Assembly. Prior to the adoption of the new constitution in 2007 the legislature was called the Legislative Council. General elections are conducted every four years (unless the House is dissolved earlier, either as a result of a vote of no confidence or otherwise).
The House consists of 11 elected two members, and two appointed ex-officio non-voting members (the Speaker and the Attorney General). The 11 elected members consist of 9 candidates who are elected to represent Territorial districts, and 4 candidates who are elected on a Territory-wide basis. Government is formed by the leader of the party who can most readily command a majority in the House. Although in recent times parties have tended to win absolute majorities, during the early days of democratic elections in the British Virgin Islands, coalition governments were commonly formed between parties and independent candidates. Politicians in the British Virgin Islands also frequently cross the floor to change parties in order to create absolute majorities.
The judiciary of British Virgin Islands is based on the judiciary of the United Kingdom. The Territory is a member state of the Eastern Caribbean Supreme Court. Judges in the British Virgin Islands are appointed by the Judicial and Legal Services Commission of the Supreme Court[12] rather than elected. By convention judges are always appointed to sit outside of the member state where they are originally from.
The courts are organised at four levels, including the provision for final appeal to the Judicial Committee of the Privy Council in London. The four levels of courts are:
High Court (dealing with criminal trials on indictment and with unlimited jurisdiction in civil matters)
Court of Appeal
Privy Council
The British Virgin Islands is a common law jurisdiction, although British Virgin Islands law and procedure differs to a great degree from English law because of local statutes, orders and civil procedure rules. However, in certain instances British Virgin Islands law provides that in default of any local provision, English law or procedure shall apply.[13]
†Physiographically, these continental islands are not part of the volcanic Windward Islands arc, although sometimes grouped with them culturally and politically.
#Bermuda is an isolated North Atlanticoceanic island, physiographically not part of the Lucayan Archipelago, Antilles, Caribbean Sea nor North American continental nor South American continental islands. It is grouped with the Northern American region, but occasionally also with the Caribbean region culturally.
↑ The Virgin Islands Constitution Order 2007, article 52(2).
↑ The Virgin Islands Constitution Order 2007, article 47.
↑ The Virgin Islands Constitution Order 2007, article 52.
↑ The leader must also be an elected member of the legislature. After the 1967 general election, the United Party won an outright majority, but the party leader, Conrad Maduro, was not elected. Accordingly, Lavity Stoutt was appointed as Chief Minister.
↑ Established under the Courts Order 1967 (SI No 223 of 1967)
↑ See for example Eastern Caribbean Supreme Court Act (Cap 80), section 11, which provides: "The jurisdiction vested in the High Court in civil proceedings, and in probate, divorce, and matrimonial causes, shall be exercised in accordance with the provisions of this Ordinance and any other law in operation in the Territory and rules of court, and where no special provision is therein contained such jurisdiction shall be exercised as nearly as may be in conformity with the law and practice administered for the time being in the High Court of Justice in England." (emphasis added)
Related Research Articles
The British Virgin Islands (BVI), officially the Virgin Islands, are a British Overseas Territory in the Caribbean, to the east of Puerto Rico and the US Virgin Islands and north-west of Anguilla. The islands are geographically part of the Virgin Islands archipelago and are located in the Leeward Islands of the Lesser Antilles and part of the West Indies.
The governor of the Virgin Islands is the representative of the British monarch in the United Kingdom's overseas territory of the British Virgin Islands. The governor is appointed by the monarch on the advice of the British government. The role of the governor is to act as the de facto head of state, and is responsible for appointing the premier and the executive council.
Elections in the British Virgin Islands are conducted to elect members to the House of Assembly. In the British Virgin Islands elections are not conducted in relation to appointments to either the Executive or Judicial branches of Government, and there are no other publicly elected posts in the British Virgin Islands. Most elections are conducted as general elections, which under the Constitution are required to be held every four years, or as by-elections when a member of the House of Assembly dies or steps down. Since the re-introduction of democracy into the British Virgin Islands in 1950 there have been fifteen general elections, and three recorded by-elections. The last election was held on 25 February 2019.
Politics of the Turks and Caicos Islands takes place in a framework of a parliamentary representative democratic dependency, whereby as of August 9, 2006 the Premier is the head of government, and of a multi-party system. The islands are an internally self-governing overseas territory of the United Kingdom. The United Nations Committee on Decolonization includes the Turks and Caicos Islands on the United Nations list of non-self-governing territories. Executive power is exercised by the government. Legislative power is vested in both the government and the Legislative Council.
The House of Assembly of the British Virgin Islands, until 2007 known as the Legislative Council, has 15 members: 13 directly elected for four-year terms, and two ex officio members.
The law of the British Virgin Islands is a combination of common law and statute, and is based heavily upon English law.
Politics of the British Virgin Islands takes place in a framework of a parliamentary representative democratic dependency, whereby the Premier is the head of government, and of a multi-party system. The British Virgin Islands are an internally self-governing overseas territory of the United Kingdom. The United Nations Committee on Decolonization includes the islands on the United Nations list of non-self-governing territories. The Constitution of the Islands was introduced in 1971 and amended in 1979, 1982, 1991, 1994, 2000 and 2007. Executive power is exercised by the government. Legislative power is vested in both the government and the House of Assembly. The Judiciary is independent of the executive and the legislature. Military defence is the responsibility of the United Kingdom.
General elections were held in the British Virgin Islands on 7 November 2011. The result was a decisive victory for the opposition National Democratic Party (NDP) led by Orlando Smith over the incumbent Virgin Islands Party (VIP), led by Premier Ralph T. O'Neal. No minor parties or independent candidates won any seats.
The Constitution of the British Virgin Islands is a predominantly codified constitution documented primarily within the Virgin Islands Constitution Order, 2007 a statutory instrument of the United Kingdom. The 2007 Constitution was the fourth written constitution of the British Virgin Islands, and superseded the 1976 constitution. In addition to the constitution itself, a number of the constitutional powers of the British Virgin Islands government are specified a "letter of entrustment" from the Foreign and Commonwealth Office which delegates powers to the British Virgin Islands government to represent itself in certain external affairs.
The Cabinet of the British Virgin Islands is the collective decision-making body of the British Virgin Islands government. It is composed of the Premier, four other Ministers of Government, and the Attorney General as an ex officio, non-voting, member. The Governor attends and presides over meetings of Cabinet where possible. The Cabinet has responsibility for the formulation of policy, including directing the implementation of such policy, insofar as it relates to every aspect of government, except those matters for which are reserved to the Governor under the Constitution. The Cabinet is collectively responsible to the House of Assembly for such policies and their implementation.
Julian Fraser is a British Virgin Islander politician who formerly belonged to the opposition Virgin Islands Party in the British Virgin Islands, and in August 2018 formed a new party, Progressives United.
General elections were held in the British Virgin Islands on 14 April 1967. The election was the first general election after the passing of the new Constitution earlier in the same year, which introduced Ministerial Government into the British Virgin Islands for the first time. Elections under the prior Constitution introduced in 1950 to restore the Legislative Council had merely elected legislators. It is probably fair to say that 1967 marked the introduction of true direct democratic rule in the British Virgin Islands. But, notwithstanding the introduction of Ministerial Government, the resulting Legislative Council is still referred to as the 6th Legislative Council in deference to the five prior Councils elected under the 1950 Constitution.
The Leader of the Opposition is the leader of the largest political party in the House of Assembly that is not in government.
The foreign relations of the British Virgin Islands are largely conducted on behalf of the British Virgin Islands Government by the United Kingdom through the Foreign and Commonwealth Office as a result of the Territory's status as a British Overseas Territory. However the Constitution of the British Virgin Islands provides that this power is delegated to Premier and Ministers of Government in relation to certain specific areas:
the Caribbean Community, the Organisation of Eastern Caribbean States, the Association of Caribbean States, the United Nations Economic Commission for Latin America and the Caribbean, or any other Caribbean regional organisation or institution;
other Caribbean regional affairs relating specifically to issues that are of interest to or affect the British Virgin Islands;
the relationship between the British Virgin Islands and the United States Virgin Islands in matters of mutual interest;
tourism and tourism-related matters;
taxation and the regulation of finance and financial services; and
European Union matters directly affecting the interests of the Territory.
General elections were held in the British Virgin Islands on 25 February 2019. For the first time, four parties with at least one incumbent member were contesting an election.
Andrew Alturo Fahie was a British Virgin Islands politician who served as Premier of the British Virgin Islands from 2019 to 2022. He was also the chairman of the Virgin Islands Party in the British Virgin Islands from 2016 to 2022. He was convicted of a range of charges relating to conspiracy to import cocaine into the United States in 2024.
Events from the year 2021 in the British Virgin Islands.
Events from the year 2022 in the British Virgin Islands.
The British Virgin Islands 2021 Commission of Inquiry was a public inquiry commissioned by the then Governor of the British Virgin Islands, Augustus Jaspert. The terms of reference were to make "a full, faithful and impartial inquiry into whether there was information that corruption, abuse of office or other serious dishonesty in relation to officials, whether statutory, elected or public, may have taken place in recent years; if there were such information, to consider the conditions which allowed such conduct to take place and whether they may still exist; and, if appropriate, to make independent recommendations with a view to improving the standards of governance and the operation of the agencies of law enforcement and justice in the Territory".
Events from the year 2023 in the British Virgin Islands.
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