No.

of 2024

VIRGIN ISLANDSPARLIAMENTARY COMMISSION FOR STANDARDS BILL, 2024
ARRANGEMENT OF SECTIONSSECTIONPART IPRELIMINARY
1.
2.

Short title and commencement
Interpretation

PART IIPARLIAMENTARY COMMISSION FOR STANDARDS
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

Establishment of the Parliamentary Commission for Standards
Composition of the Commission
Appointment of the Commissioners
Disqualification from appointment
Tenure and removal from officeActing Commissioner
Remuneration
Secretary of the Commission
Staff of the Commission
Proceedings of the Commission
Immunity from suit
Publication of Appointment in Gazette

PART IIIRESPONSIBILITY AND FUNCTIONS OF THE COMMISSION
15.
16.
17.
18.

Responsibility of Commission
Functions of the Commission
Power to impose fines
Directions on procedures of the House of Assembly1PART IVINVESTIGATIONS
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.

General provisions relating to an investigation into a complaint
Stage 1: Admissibility of complaints
Procedures at Stage 1
Stage 2: Investigation of an admissible complaint
ReportRestriction on investigations
Power to obtain evidence
Requirements of notice to appear and to supply documents
Administration of oaths and affirmations by the Commissioners
Privilege and public interest immunity
Report on investigation
Action on reportAppeals against decisions of the Commission
Withdrawal of a complaint
Referral of matters

PART V
CODE OF CONDUCT34.

Code of Conduct

PART VI
FINANCIAL PROVISIONS
35.
36.
37.
38.
39.

Funds of the Commission
Estimates of the Commission
Goods and services for the Commission
Accounts and audit
Annual report

PART VIIMISCELLANEOUS PROVISIONS

40.
41.
42.
43.
44.
45.
46.
47.

Obligations of members
Seal of the Commission
Restriction on disclosure of information
Oath or affirmation of Commissioners and staff
Protection from defamation or other proceedings
OffencesPower to amend Schedules
Regulations
SCHEDULE 1
SCHEDULE 2

2

No. of 2024

Parliamentary Commission for Standards
Bill, 2024

VirginIslands

I ASSENT

Governor.
, 2024

VIRGIN ISLANDS
No.

of 2024

A BILL FOR
AN ACT TO ESTABLISH A PARLIAMENTARY COMMISSION FOR STANDARDS TOPROMOTE, ENCOURAGE AND SAFEGUARD HIGH STANDARDS OF CONDUCT IN THE
PUBLIC OFFICE OF MEMBERS OF THE HOUSE OF ASSEMBLY AND FOR RELATEDMATTERS.

[Gazetted, 2024]

ENACTED by the Legislature of the Virgin Islands as follows:
PART IPRELIMINARY

Short title and commencement
1. (1) This Act may be cited as the Parliamentary Commission for Standards
Act, 2024.
(2) This Act shall come into force on a date appointed by the Minister by
Notice published in the Gazette.

Interpretation
2. In this Act unless the context otherwise requires,“Clerk” means the Clerk of the House of Assembly;“Code of Conduct” means the Code of Conduct for members of the House of
Assembly made under the Standing Orders of the House of Assembly;“Commission” means the Parliamentary Commission for Standards established bysection 3;

3

“Commissioner” means a Parliamentary Commissioner for Standards appointed
under section 5;“Committee” means the Standing Select Committee of the House of Assembly
charged for the time being with the consideration of matters relating toStandards;“excluded complaint” means any complaint which falls within a class ofcomplaint which is excluded from the jurisdiction of the Commission by
any provision in the Standing Orders or in the Code of Conduct; and any
such complaint is referred to in this Act as an “excluded complaint”;“financial year” means the year commencing on [1 January and ending on 31
December];“Member” means a member of the House of Assembly and includes a former
member of the House of Assembly whose term of office falls within the
period for which the member held the office of Member and thecommencement of an investigation under this Act;
“Minister” means the Minister to whom responsibility for the subject of this Act
is assigned;“public officer” means the holder of any public office and includes any person
appointed to act in any such office;“relevant provision” means(a)any provision of the Registrar of Interests Act, No. 5 of 2006;(b)

any provision of the Standing Orders;(c)

any resolution of the House of Assembly relating to the financial orother interests of Members;(d)the Code of Conduct and Guide to the Code of Conduct of the Houseof Assembly relating to standards of conduct of members;(e)

any resolution of the House of Assembly relating to standards ofconduct of members; and(f)any other provision of the Standing Orders or in any code of conduct
made under the Standing Orders;“Standing Orders” means the Standing Orders of the House of Assembly.
PART IIPARLIAMENTARY COMMISSION FOR STANDARDS

Establishment of the Parliamentary Commission for Standards
3. (1) There is established by this Act a Parliamentary Commission forStandards, hereafter referred to as the “Commission”.
(2) In the performance of its functions under the Act, the Commission shallnot be subject to the direction or control of any person or authority.

4Composition of the Commission
4. The Commission shall comprise of three Commissioners, one of whomshall be a retired judge or an attorney at law of at least 15 years standing, and who
has practiced in the Virgin Islands or within the jurisdiction of the Organisation of
the Eastern Caribbean States and who shall be the Chairperson of the Commission.

Appointment of the Commissioners
5. (1) The House of Assembly shall, on the recommendation of an interview
panel appoint by resolution, the Commissioners referred to in section 4 on suchterms and conditions as the House of Assembly may determine.
(2) The interview panel shall, in recommending Commissioners forappointment to the Commission under subsection (1), consider the following:(a) the person is a person of integrity;(b) the person is capable of exercising competence, due diligence andsound judgement;(c) the person is impartial in fulfilling his or her duties under the Act;(d) the person possesses the relevant knowledge, investigative skills
and experience; and(e) the person possesses personal qualities and standing suitable to theoffice.
(3) The interview panel referred to in subsection (1) shall comprise of fivemembers as follows:(a) the Chief Justice or a person designated by the Chief Justice beinga resident Judge in the Virgin Islands;(b) the Speaker who shall be the Chairperson of the panel;(c) one person nominated by the Premier;(d) one person nominated by the Leader of Opposition; and(e) a senior Member of the Bar who has served in the Virgin Islands
for at least 15 years.
(4) The House of Assembly shall ensure that a fair and open recruitment
process is undertaken in the selection of the Commissioners.
(5) The House of Assembly may delegate to the Committee or any otherperson the duty of determining the terms and conditions of the Commissioners
appointed under subsection (1).

Disqualification from appointment
6. (1) A person shall not be eligible for appointment as Commissioner if that
person(a) is a member of the House of Assembly;(b) has been a member of the House of Assembly at any time
during the period of four years prior to the date his or her
appointment is to take effect;5

(c) is a member of staff of the House of Assembly, a public officer or
employee assigned to the House of Assembly;(d) has been a member of the staff of the House of Assembly, a public
officer or employee assigned to the House of Assembly at any time
during the period of two years prior to the date his or her
appointment is to take effect;(e) is a public officer or employee of the Government of the Virgin
Islands;(f) has been a public officer or employee of the Government of theVirgin Islands at any time during the period of two years prior to
the date his or her appointment is to take effect;(g) has been convicted of an offence within or outside the Virgin
Islands;(h) is an undischarged bankrupt or has compounded with his or her
creditors;(i) is not a Virgin Islander or belonger as defined by sections 65(2)and 2(2) of the Virgin Islands Constitution Order 2007, U.K.S.I.
2007 No. 1678;(j) has been certified by a medical practitioner to be of unsound mind;or(k) has at any time during the five years immediately preceding thedate of appointment, held office in a political party.

Tenure and removal from office
7. (1) A Commissioner, other than the chairperson, shall be appointed for aperiod of four years and shall be eligible for reappointment for only one term
whether consecutive or not.
(2) Notwithstanding subsection (1), the chairperson shall be appointed fora period of five years and may be reappointed for a further period of five years.
(3) A person who has been appointed as a Commissioner may(a) within six months, before the end of his or her term of office, resign
by written notice to the Speaker, through the Clerk and in the casewhere the House of Assembly is dissolved, to the Clerk; or(b) be removed from office by the House of Assembly.
(4) A Commissioner may not be removed from office under subsection(2)(b) unless(a) the House of Assembly so resolves; and(b) if the resolution is passed on a vote, the number of votes cast in
favour of the resolution is not less than two thirds of the total
number of votes cast.
(5) The appointment of a person as Commissioner ceases if that person(a) declares his or her candidacy to be a member of the House of
Assembly; or6(b) is appointed as a member of the staff of the House of Assembly ora public officer or employee assigned to the House of Assembly or
the Government of the Virgin Islands.

Acting Commissioner
8. (1) When the office of a Commissioner is vacant or the Commissioner is,for any reason, unable to perform the functions of his or her office, the House of
Assembly may appoint a person as Acting Commissioner, to discharge thefunctions of that office, either generally or in relation to such case or class of cases,
and until such time, as may be specified by the terms and conditions of theappointment.
(2) A person who is not eligible to be appointed as the Commissioner is
not eligible to be appointed as Acting Commissioner.
(3) A person appointed as Acting Commissioner(a) shall hold office on such terms and conditions as the House of
Assembly may determine;(b) while holding that office, shall be treated for all purposes as theCommissioner;(c) may at any time resign by notice in writing to the Speaker, throughthe Clerk;(d) may at any time be removed from office by the House of Assembly;and(e) shall cease to hold office in the circumstances specified in section
7(4)(a) or (b).

Remuneration
9. A Commissioner shall be paid such remuneration as the Minister may withthe approval of the Cabinet determine and the payment shall be made out of thefunds of the Commission.

Secretary of the Commission
10. (1) The Commission shall appoint a Secretary to the Commission on suchterms and conditions as the Commission may determine.
(2) The functions of the Secretary shall include the following:(a) attend the proceedings of the Commission;(b) record the minutes of the proceedings of the Commission;(c) record the testimony of persons summoned to appear before theCommission;(d) perform such other duties as the Commission may determine.
(3) The Secretary appointed under subsection (1) shall hold office for aperiod not exceeding four years.

7

Staff of the Commission
11. The Commission may, to the extent and on the conditions it considers
necessary to carry out its functions,(a) employ staff, whether full or part time; and(b) engage on contract, professional, technical or other assistance.

Proceedings of the Commission
12. The Commission shall hold its proceedings at such times as may be
expedient for the Commission and the proceedings may be held in person or
virtually.

Immunity from suit
13. No action shall be brought against the Commission, a Commissioner or aperson acting under the direction of the Commission for an act done or omitted to
be done in the execution of the functions of the Commission or Commissioners
under this Act, unless it is shown that the act was done in bad faith.

Publication of Appointment in Gazette
14. The Clerk shall cause the appointment, removal or resignation of theCommissioners to be published by Notice in the Gazette.
PART IIIRESPONSIBILITY AND FUNCTIONS OF THE COMMISSION

Responsibility of Commission
15. The Commission shall in the exercise of its functions under this Act beresponsible for promoting, encouraging and safeguarding high standards ofconduct in the public office by members of the House of Assembly.

Functions of the Commission
16. The functions of the Commission are(a) to receive any complaint that the conduct of a member amounts toa failure to comply with a relevant provision;(b) to investigate any complaint received in accordance with thissection;(c) to investigate, on its own initiative, a failure to comply with arelevant provision;(d) to advise the members of the House of Assembly and members of
the public on the procedures for making and investigatingcomplaints to which paragraph (a) applies; and(e) to prepare reports on investigations conducted by the Commission
for submission to the House of Assembly.

8Power to impose fines
17. (1) The Commission shall, in the performance of its functions under thisAct impose on any member who breaches any provision of this Act a fine notexceeding $5,000.
(2) The fine referred to in subsection (1) imposed by the Commission shallbe issued by the Chairperson.

Directions on procedures of the House of Assembly
18. (1) The Commission shall, in carrying out its functions, comply with any
directions on procedures of the House of Assembly given by the Committee.
(2) The directions referred to in subsection (1) shall exclude directions
relating to excluded complaints.
PART IVINVESTIGATIONSGeneral provisions relating to an investigation into a complaint
19. (1) A person who wishes to make a complaint about the conduct of amember shall submit the complaint, in the form prescribed in Schedule 1, to theCommission.
(2) The Commission shall undertake investigations into a complaint inaccordance with the following two possible stages:(a) Stage 1 which shall consist of investigating and determining
whether a complaint is admissible;(b) if the complaint is admissible, Stage 2 which shall consist of further
investigating the complaint and reporting upon it to the House of
Assembly; and(c) reference in this Act to “the stage of an investigation” or to “Stage
1” or “Stage 2” shall be construed accordingly.
(3) Each stage of an investigation into a complaint shall be conducted in
private.
(4) The Commission may at any time make a report to the House of
Assembly as to the progress of an investigation into a complaint.
(5) The Commission shall, subject to the provisions of this Act, decide
when and how to carry out any investigation at each stage.

Stage 1: Admissibility of complaints
20. (1) At Stage 1, the Commission shall investigate and determine whether acomplaint is admissible.
(2) A complaint is admissible if it appears to the Commission that thefollowing three tests are satisfied(a) that the complaint is relevant;9

(b) that the complaint meets all the requirements specified insubsection (5) (“the specified requirements”) or that the House of
Assembly has, as under section 21(7)(b), directed the Commission
to treat the complaint as if it had met all of those requirements; and(c) that the complaint warrants further investigation.
(3) The three tests mentioned in paragraphs (a), (b) and (c) of subsection(2) are referred to as the first, second and third tests respectively.
(4) For the purposes of the first test, a complaint is relevant if(a) it is about the conduct of a member of the House of Assembly;(b) it is not an excluded complaint or, if it is, that the Commission has
been directed in accordance with section 18 to investigate it; and(c) it appears at first sight that, if all or part of the conduct complained
about is established to have been committed by that member, it
might amount to a breach of a relevant provision or provisions
identified by the Commission.
(5) For the purposes of the second test, the specified requirements are thatthe complaint(a) is made in writing in the prescribed form to the Commission;(b) is made by an individual person and states that person’s name andaddress;(c) names the member of the House of Assembly concerned; and(d) sets out the facts relevant to the conduct complained about and isaccompanied by any supporting evidence which the complainer
wishes to submit;(6) For the purposes of the third test, a complaint warrants further
investigation if it appears after an initial investigation that the evidence issufficient to suggest that the conduct complained about may have taken place.

Procedures at Stage 1
21. (1) When the Commission receives a complaint about the conduct of amember of the House of Assembly, the Commission shall(a) notify that member that a complaint has been made;(b) inform that member of the nature of the complaint; and(c) except where the Commission considers that it would beinappropriate to do so, inform that member of the name of thecomplainer.
(2) If the Commission considers that the complaint is admissible, theCommission shall proceed to Stage 2 of the investigation into the complaint andshall(a) make a report to the House of Assembly informing it of that fact
and of the relevant provision or provisions identified by theCommission for the purposes of the first test; and(b) inform the complainer and the member concerned accordingly.

10(3) If the Commission considers that the complaint is inadmissible for
failing to satisfy the first or the third test, the Commission shall dismiss thecomplaint and shall inform the complainer and the member concerned
accordingly, together with the reasons for that view.
(4) Subject to subsection (6), where the Commission considers that acomplaint satisfies the first test but fails to meet one or more of the specified
requirements, the Commission shall not dismiss the complaint as inadmissible for
failing to satisfy the second test without making a report upon the matter to theHouse of Assembly and receiving a direction under subsection (7)(a).
(5) The report under subsection (4) shall set out(a) the reasons as to why the Commission considers that the complaint
fails to meet one or more of the specified requirements;(b) the reasons (if known) for that failure;(c) any other matters which the Commission considers relevant; and(d) the recommendation of the Commission as to whether, having
regard to all the circumstances of the case, the complaint should bedismissed as inadmissible for failing to satisfy the second test or
should be treated as if it had met all of those requirements.
(6) Except in the case of a complaint falling within such class or classes ofcases as may be specified in any direction by the House of Assembly under thissection, the Commission shall, before making the report to the House of Assembly
under subsection (4), investigate whether the complaint satisfies the third test and,
if it does, the report shall contain a statement to that effect; but, if the Commission
considers that the complaint fails to satisfy that test, the Commission shall dismissthe complaint accordingly and no report requires to be made under that subsection.
(7) After receiving a report under subsection (4), the House of Assembly
shall give the Commission a direction under this section either(a) to dismiss the complaint as inadmissible for failing to satisfy thesecond test; or(b) to treat the complaint as if it had met all of the specified
requirements.
(8) Where the Commission is directed by the House of Assembly todismiss the complaint under subsection (7)(a), the Commission shall dismiss thecomplaint and shall inform the complainer and the member of the House of
Assembly concerned accordingly.
(9) In any case where the member of the House of Assembly concerned
has not been named in the complaint or the complainer is anonymous, subsections(1), (2), (3) and (8) shall apply only to the extent that they are capable of applying.
(10) The Commission may make a report to the House of Assembly
informing it of any complaint which the Commission has dismissed as being
inadmissible and of the reasons for the dismissal.
(11) If the Commission has not completed the investigation and determined
the admissibility of a complaint within two months of the complaint being
received, the Commission shall, as soon as possible thereafter, make a report to11

the House of Assembly upon the progress of any investigation into the complaint
at Stage 1.

Stage 2: Investigation of an admissible complaint
22. (1) At Stage 2, the Commission shall investigate an admissible complaint
with a view to(a) making findings of fact in relation to whether the member
concerned (whether or not named in the complaint) has committed
the conduct complained about; and(b) reaching a conclusion as to whether that member has, as a result ofthat conduct, breached the relevant provision or provisions
identified by the Commission for the purposes of the first test.
(2) The Commission may make a finding of fact if satisfied on a balanceof probabilities that the fact is established.
(3) If the Commission has not completed the investigation under thissection within the period of six months beginning with the date on which theCommission found that complaint to be admissible, the Commission shall, as soon
as possible thereafter, make a report to the House of Assembly upon the progressof any such investigation.

Report23. (1) At the conclusion of an investigation into a complaint at Stage 2, theCommission shall make a report to the House of Assembly on the outcome of theinvestigation.
(2) The report shall include(a) details of the complaint;(b) details of the investigation carried out by the Commission;(c) the facts found by the Commission in relation to whether themember concerned (whether or not named in the complaint) has
committed the conduct complained about;(d) the conclusion reached by the Commission as to whether thatmember has, as a result of that conduct, breached the relevant
provision or provisions identified by the Commission for the
purposes of the first test and the reasons for that view,
but shall not express any view upon what sanction would be appropriate for any
breach.
(3) No report concluding that a member of the House of Assembly, who isnamed in the report, has breached a relevant provision shall be made to the Houseof Assembly unless the member concerned has been given a copy of the draft
report and an opportunity to make representations on the alleged breach and on
the draft report; and there shall be annexed to the report made to the House of
Assembly any representations made by that member which are not given effect toin that report.

12

Restriction on investigations
24. The Commission shall not investigate(a) conduct of a member in the Chamber of the House of Assembly;(c) allegations relating solely to a member’s private and personal life;or(d) the funding of political parties and the acceptability of donations.

Power to obtain evidence
25. (1) The Commission may by notice in writing require any person(a) to attend before the Commission in person or virtually for the
purpose of giving evidence; or(b) to produce to the Commission documents in the possession orunder the control of the person, concerning any matter relevant toan investigation which the Commission is undertaking under thisAct;(c) to verify by affidavit any document submitted to the Commission.
(2) For the purposes of this section(a) a person will be taken to comply with a requirement to produce a
document if that person produces a copy of the document or an
extract of the relevant part of the document;(b) “document” means anything in which information is recorded inany form; and(c) references to producing a document are to producing theinformation recorded in it in a visible and legible form.

Requirements of notice to appear and to supply documents
26. (1) The notice referred to under section 25(1) shall specify(a) the time and place at which the person is to attend and the particularsubject concerning which the person is required to give evidence;(b) the documents, or types of documents, which the person is required
to produce, the date by which and the person to whom the
documents or types of documents are to be produced and theparticular subjects concerning which they are required.
(2) The notice shall be given(a) in the case of an individual, by sending it in accordance withsubsection (3), addressed to the person at the person's usual or last
known address or, where the person has given an address forservice of the notice, at that address; or(b) in any other case, by sending it addressed to the person at theperson’s registered or principal office, but may only be given if theaddress is in the Virgin Islands.
(3) A notice is sent in accordance with this section if it is sent13

(a) by a registered post service;(b) personal service; or(c) by electronic means.

Administration of oaths and affirmations by the Commissioner
27. The Commission may(a) administer an oath or affirmation to any person giving evidence to
the Commission; and(b) require that person to take an oath or make an affirmation.

Privilege and public interest immunity
28. (1) A person is not obliged by any requirement imposed under section 26(1) to(a) provide any document that is privileged material; or(b) answer any question or to produce any document which that person
would be entitled to refuse to answer or produce in proceedings ina court in the Virgin Islands.
(2) A person acting as prosecutor in criminal proceedings is not obliged
under section 26(1) to answer any question or to produce any document
concerning the operation of the system of criminal prosecution in any particularcase if that person considers that answering the question or producing the
document might prejudice criminal proceedings in the case or would otherwise becontrary to the public interest.
(3) For the purposes of this section, “privileged material” means(a) communications between a legal practitioner and his client or any
person representing his client made in connection with the givingof legal advice to the client;(b) communications between a legal practitioner and his client or any
person representing his client or between such an adviser or his
client or any such representative and any other person made inconnection with or in contemplation of legal proceedings and forthe purposes of such proceedings; or(c) material enclosed with or referred to in communications underparagraph (a) or (b) and made(i)in connection with the giving of legal advice; or(ii) in connection with or in contemplation of legal proceedings
and for the purposes of such proceedings, when they are in thepossession of a person who is entitled to possession of them.

Report on investigation
29. (1) On completion of an investigation, the Commission shall make a reportto the House of Assembly on the outcome of the investigation.
(2) The report shall include

14

(a) details of the complaint;(b) the facts found by the Commission in relation to whether themember concerned, whether named or not in the complaint,committed the conduct complained about;(c) the conclusion reached by the Commission as to whether themember has, as a result of that conduct, breached the relevant
provision or provisions identified by the Commission but theCommission shall not express any view upon what sanction would
be appropriate for any breach.
(3) A report concluding that a member, who is named in the report, hasbreached a relevant provision shall not be made to the House of Assembly unlessthe member concerned has been given a copy of the draft report and an opportunity
to make representations on the alleged breach and on the draft report and there
shall be annexed to the report made to the House of Assembly any representations
made by that member which are not given effect to in that report.
(4) If the Commission has not completed the investigation under thissection within the period of six months beginning with the date on which theCommission found that the complaint was within the remit of the Commission,
the Commission shall as soon as possible thereafter, make a report to the Houseof Assembly upon the progress of any such investigation.

Action on report
30. (1) The House of Assembly is not bound by the facts found, or theconclusions reached, by the Commission in a report made under section 29.
(2) The House of Assembly may direct the Commission to carry out further
investigations as may be specified and report on the outcome of theseinvestigations to the House of Assembly.
(3) Subject to the direction of the House of Assembly, the provisions of
this Act relating to investigations shall apply with the necessary modifications toa direction of the House of Assembly to the Commission to conduct further
investigations.

Appeals against decisions of the Commission
31. A person who is aggrieved by a decision of the Commission made under
this Act may appeal to a court of competent jurisdiction.

Withdrawal of a complaint
32. (1) At any time after a complaint has been made to the Commission andbefore a report is made to the House of Assembly under section 29, the complaint
may be withdrawn by the complainer by notice in writing to the Commission(2) When a complaint has been withdrawn as mentioned in subsection (1)during Stage 1, the Commission shall(a) cease to investigate that complaint; and(b) inform the member concerned that the complaint has been
withdrawn, that the investigation into the complaint has ceased and15

of the reasons given by the complainer for withdrawing thecomplaint.
(3) When a complaint has been withdrawn as mentioned in subsection (1)during Stage 2, the Commission shall(a) inform the member concerned that the complaint has been
withdrawn and of the reasons given by the complainer forwithdrawing the complaint;(b) invite that member to give the Commission any views upon
whether the investigation should nevertheless continue; and(c) after taking into account any relevant information, including any
reasons given by the complainer for withdrawing the complaint andany views expressed by that member, determine whether torecommend to the House of Assembly that the investigation into
the complaint should nevertheless continue.
(4) If the Commission determines not to make any such recommendation
as is mentioned in subsection (3), the Commission shall(a) cease to investigate that complaint;(b) inform the complainer and the member concerned that theinvestigation into the complaint has ceased; and(c) report to the House of Assembly that the complaint has been
withdrawn, that the investigation into the complaint has ceased andthe reasons given by the complainer for withdrawing the complaint.
(5) If the Commission determines to make any such recommendation as ismentioned in subsection (3), the Commission shall report to the House of
Assembly(a) that the complaint has been withdrawn, the reasons given by thecomplainer for withdrawing the complaint and the views, if any,
expressed by the member concerned as mentioned in subsection(3)(b); and(b) that the Commission recommends that the complaint should
nevertheless continue to be investigated, together with the reasonsfor that view.
(6) After receiving a report under subsection (5), the House of Assembly
shall give the Commission a direction under this section either to continue theinvestigation into the complaint or to cease that investigation; and the Commission
shall comply with that direction and inform the member concerned and thecomplainer accordingly.
(7) Where the Commission is required under this section to inform themember concerned of, or to report to the House of Assembly, the reasons givenby the complainer for withdrawing the complaint, the Commission may do so by
providing a summary of those reasons.
(8) In any case where the member concerned has not been named in thecomplaint or the complainer has not given any reasons for withdrawing thecomplaint, subsections (2) to (7) shall apply only to the extent that they are capableof applying.

16

Referral of matters
33. (1) Where the Commission receives a complaint that appears, on the faceof it, to be of a criminal nature, or is satisfied, on investigation of a complaint, that
an offence appears to have been committed, the Commission shall(a) immediately refer the matter to the Director of Public Prosecutions
together with the complaint or report of the findings; and(b) inform the complainant, the relevant member, and the Committeeof the referral under paragraph (a).
(2) Where the Commission determines that the subject matter of acomplaint or investigation is(a) under investigation by the police or that a charge has been laid; or(b) the subject matter of any proceedings in any court,
the Commission shall hold its investigation in abeyance, pending the final
disposition of the investigation by the police and the proceedings in the court.
PART V
CODE OF CONDUCT

Code of Conduct
34. (1) A member of the House shall observe, abide and conduct himself or
herself in accordance with the Code of Conduct established by the House of
Assembly and such other code of conduct as may be prescribed in relation to thecode of conduct of members of the House of Assembly.
(2) A member of the House of Assembly shall, within the prescribedperiod of taking office, sign a copy of the Code of Conduct and the Commission
shall keep the signed copy of the said Code of Conduct.
PART VI
FINANCIAL PROVISIONS

Funds of the Commission
35. The funds of the Commission shall consist of funds appropriated by theHouse of Assembly and other moneys as may be lawfully received or madeavailable to the Commission for the purposes of this Act.

Estimates of the Commission
36. The Commission shall, on or before 30 September of each year, submit to
the Minister of Finance through the Clerk for his or her approval, its estimates of
expenditure in respect of the next financial year.

17Goods and services for the Commission
37. (1) The Commission may, on such terms as the Commission determines,
secure the provision of goods or services as the Commission considers necessary
for the exercise of its functions.
(2) The Commission may enter into arrangements with any public bodyupon such terms as the Commission and such public body may agree, for theprovision by that public body of services as the Commission considers necessary
for assisting in the exercise of the functions of the Commissioner.
(3) The Commission shall, when exercising powers under subsections (1)and (2) have regard to the responsibilities of the Clerk, as principal accounting
officer of the House of Assembly.
(4) The Commission shall, in relation to any liability which theCommission may incur under this section, consult the Clerk before incurring theliability in question.
(5) The Commission must have regard to any representations which the
Clerk may make when consulted under subsection (4).
(6) The duty of the Commission to consult the Clerk under subsection (4)may be discharged in relation to a particular liability either(a) by providing the Clerk with particulars of the liability in question;or(b) by notifying the Clerk that liabilities of a specified description up
to a specified total amount may be incurred,(7) Where the Commission provides notification under subsection (6)(b),the particular liability in question shall fall within the description notified and shallnot, when taken together with any other liabilities to which that notification
relates, exceed the total amount notified.

Accounts and audit
38. (1) The Commission shall keep proper accounts of receipts, payments,
assets and liabilities and the accounts shall be audited annually by the Auditor
General or another auditor appointed by the Auditor General for that purpose.
(2) The Commission shall, at the request of the House of Assembly,
provide the House of Assembly with such information on the financial affairs of
the Commission and transactions as the House of Assembly may reasonably
require.

Annual report
39. (1) The Commission shall, as soon as possible after the end of eachfinancial year, prepare and submit to the Minister a report of its activities during
the previous financial year.
(2) The report referred to under subsection (1) shall contain a statement of
the accounts audited in accordance with section 38 and a statement of information
relating to the financial affairs of the Commission in the performance of its
functions during that year.

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(3) The Minister shall lay a copy of the report under subsection (1) before
the House of Assembly.
(4) The Commission shall, subject to subsection (5), comply with any
direction by the Committee(a) to attend before the Committee; and(b) to provide the Committee with such information as it may
reasonably require in relation to any matter contained in a reportwhich has been laid before the House of Assembly undersubsection (3) or which was required to be contained in such areport.
(5) The Commission is not required to comply with a direction undersubsection (4)(a) if it is not reasonably practicable to do so; and(b) except in the case of a requirement under subsection (4)(b) which
is made orally to the Commission at a meeting of the Committee
on Standards of Conduct, unless the requirement is in writing.
PART VIIMISCELLANEOUS PROVISIONS

Obligations of members
40. (1) Each member shall, where their interest in any Government contract
goes beyond a mere investigative nature inform the Commission in writing andthe Commission shall take the necessary action.
(2) Where a member is a party to, or a partner in a firm or a director,
manager, trustee or majority shareholder of a company which is a party to, any
contract with the Government of the Virgin Islands for or on account of the public
service, the Member shall lodge a copy of such executed contract with theCommission within fourteen days after execution of such contract and otherwise
inform the Commission in writing of any other contractual relationship that theMember has with the Government of the Virgin Islands

Seal of the Commission
41. (1) The Commission shall have a seal and the seal shall be kept in thecustody of the Chairperson of the Commission or any person authorised by theCommission for that purpose.
(2) The application of the seal of the Commission shall be authenticated by
the signature of(a) the Chairperson of the Commission; or(b) any person authorised by the Chairperson for that purpose.
(3) A document purporting to be duly executed under the seal of theCommission or to be signed on the Chairperson of the Commission's behalf may
be received in evidence and, unless the contrary is proved, is to be taken to be so
executed or signed.

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Restriction on disclosure of information
42. (1) The Commission and a member of staff appointed by the Commission
under this Act shall, subject to subsections (2) and (3), not disclose any
information(a) contained in a complaint;(b) which is furnished to or obtained by them in the course of, or forthe purposes of, an investigation into a complaint; or(c) which otherwise comes to the knowledge of the Commission ormember of staff of the Commission in the exercise of theirfunctions.
(2) Subsection (1) shall not apply so as to prevent the Commission or any
member of staff appointed by the Commission from(a) discharging any functions imposed or conferred on them by virtueof this Act;(b) reporting evidence of any crime to the appropriate authority as they
consider appropriate;(c) disclosing in the course of investigation of a complaint or an
offence under this Act, any matter relevant to those proceedings;(d) disclosing to a person any information which, in the opinion of theCommission or the member of staff of the Commission is necessary
to be disclosed to that person for the purposes of investigating acomplaint or deciding whether an investigation should beundertaken, continued or discontinued; or(e) complying with any duty imposed on the Commission by or under
any other enactment.
(3) The Commission may disclose in any report made by the Commission
under this Act such matters as in its opinion ought to be disclosed in order toestablish grounds for its conclusions and recommendations.
(4) A person who contravenes subsection (1) commits an offence and isliable on summary conviction to(a) a fine not exceeding $2,000;(b) imprisonment for a term not exceeding six months; or(c) or both the fine and imprisonment.

Oath or affirmation of Commissioners and staff
43. (1) Before commencing the duties of their office, a Commissioner or amember of staff appointed by the Commission shall take an oath or affirmationin the form set out in the Schedule 2, that he will not, except in accordance withthis Act, disclose any information received by him or her as Commissioner or amember of staff of the Commission.
(2) The oath or affirmation under subsection (1) shall be taken before a
Judge of the High Court.

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Protection from defamation or other proceedings
44. (1) Any statement made(a) by a Commissioner or a member of staff appointed by theCommission; or(b) to the Commissioner or a member of staff appointed by theCommission,in the course of an investigation or otherwise in pursuance of the purposes of thisAct is not admissible in evidence against a person in any proceedings fordefamation in any court and no evidence in respect of proceedings before theCommission shall be given against any person in any court.
(2) No action shall be brought against the Commission or a member of staff
appointed by the Commission for an act done or omitted to be done in theperformance of the functions of the Commission under this Act, unless it is shownthat the Commission or a member of staff of the Commission acted in bad faith.

Offences
45. (1) A person to whom a notice has been given under section 27(1) commits
an offence if that person(a) refuses or fails without reasonable excuse to attend before theCommission as required by the notice;(b) refuses or fails without reasonable excuse, when attending before
the Commission as required by the notice, to answer any question
concerning the subjects specified in the notice;(c) refuses or fails without reasonable excuse to produce any document
required to be produced by the notice; or(d) intentionally alters, suppresses, conceals or destroys any document
required to be produced by the notice.
(2) A person who, without reasonable excuse, refuses to take an oath or
make an affirmation when required to do so under section 44 commits an offence.
(3) If a person charged with an offence under subsection (1)(a), (b) or (c)or under subsection (2) adduces evidence of a reasonable excuse for the refusal or
failure, it is for the prosecution to prove that the person did not have a reasonableexcuse.
(4) A person who commits an offence under this section is liable onsummary conviction to(a) a fine not exceeding $1,000;(b) imprisonment for a period not exceeding three months; or(c) both the fine and imprisonment.

Power to amend Schedule
46. The Minister may amend Schedule 1 by Order published in the Gazette.

21Regulations
47. (1) The Minister may make regulations, not inconsistent with this Act, togive effect to the provisions of this Act.
(2) The Without limiting the generality of subsection (1), regulations may
provide for the following:(a) access, publication and destruction of the information relating to
the deliberations, proceeding and the records of the Commission;(b) forms to be used under this Act;(c) fines to be paid under this Act;(c) prescribing anything that is required to be prescribed by this Act.
(3) Regulations made under this Act shall be subjective to a negative
resolution of the House of Assembly.

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SCHEDULE 1[Section 19]
COMPLAINT FORM
PARLIAMENTARY COMMISSION FOR STANDARDS ACT(NO. ... OF 2024)
COMPLAINT
A, B, (Complainant)C, D, (name of member alleged to be in breach of this Act or the Code of
Conduct)

Statement of breach of the Act and Code of Conduct of the House of Assembly…………………………………………………………………………………
…………………………………………………………………………………

Particulars of the breach…………………………………………………………………………………
…………………………………………………………………………………

Dated thisday of20_____________________________________________
Chairperson of the Parliamentary Commission for Standards

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SCHEDULE 2[Section 43]
Oath of Commissioner/Member of Staff
I, (name of person), being the (name of post) do swear that I will keep
confidential all information which has come to my knowledge in my capacity
as (name of post) and all information received or obtained by me in the
pursuance of the purposes of the Parliamentary Commission for Standards Act
and I shall not disclose such information except as authorised by the
Parliamentary Commission for Standards Act.
So help me God.

SWORN at
(Address)
Tortola, British Virgin Islands
this day of
20

)
)
)
)

________________________(Name of person)

Before me:__________________________
Judge of the High Court

Affirmation of Commissioner/ Member of Staff
I, (name of person), being the (name of post) do solemnly and sincerely affirm
and declare that I will keep confidential all information which has come to myknowledge in my capacity as (name of post) and all information received or
obtained by me in the pursuance of the purposes of the Parliamentary
Commission for Standards Act and I shall not disclose such information except
as authorised by the Parliamentary Commission for Standards Act.

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Affirmed at(Address)
Tortola, British Virgin Islands
this day of
20

)
)
)
)

________________________(Name of person)

Before me:_______________________________
Judge of the High Court

Passed by the House of Assembly this dayof, 2024.

Speaker.

Clerk of the House of Assembly.

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OBJECTS AND REASONSThe Parliamentary Commission for Standards Bill, 2024 is a result of theapproved Integrity Framework for the Cabinet, House of Assembly, public
officers and statutory boards by the Cabinet. The Bill therefore seeks toregulate the conduct of members of the House of Assembly.
The purpose of the Bill is, as stipulated in the Long Title, to establish a
Parliamentary Commission for Standards and to promote, encourage andsafeguard the high standards of conduct in the public office of the members ofthe House of Assembly.
The Bill contains seven Parts and two Schedules. Part I of the Bill makes
provision for preliminary matters namely, clause 1 which sets out the short title
and clause 2 which provides for interpretation of words used in the Bill.
Part II of the Bill contains clauses 3 to 14 as follows:
Clause 3 provides for the establishment of the Parliamentary Commission forStandards and its independence from the direction or control of any person or
authority. Clause 4 provides for the composition of the Commission to theeffect that the Commission shall comprise of three persons one of whom shallbe a retired judge and the Chairperson of the Commission. Clause 5 provides
for the appointment of the Commissioners by the House of Assembly on therecommendation of an interview panel. Clause 6 provides for thedisqualification from appointment as Commissioner on grounds that the person
is a member of the House of Assembly or a staff member of the Commissioner,a public officer or an undischarged bankrupt among other disqualifying factors.
Clause 7 provides for the tenure and removal from office of Commissioners.
The tenure of office is intended to be staggered. Clause 8 provides for theappointment of an acting Commissioner, in the likely event that a
Commissioner is unable to perform his or her functions, to ensure continuity
in the performance of the functions of the Commission.
Clause 9 provides for the remuneration of Commissioners for the services
rendered.
Clause 10 provides for the appointment of a Secretary of the Commission toassist the Commission in the performance of its functions. Clause 11 provides
for appointment of staff of the Commission to assist the Commission in theperformance of its functions.
Clause 12 empowers the Commission to hold its proceedings in the mannerthat is convenient for the Commission, namely in person or virtually.
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Clause 13 provides immunity from suit of the Commissioners of acts done oromitted to be done in good faith in the performance of its functions.
Clause 14 obliges the Clerk of the House of Assembly to publish appointments
and removal of Commissioners in the Gazette
Part III of the Bill contains clauses 15 to 18 as follows:
Clause 15 provides for the responsibility of Commission which is among otherthings to safeguard high standards of conduct of in the public office of theHouse of Assembly.
Clause 16 provides for the functions of the Commission which include among
other things to receive and investigate complaints of alleged misconduct bymembers of the House of Assembly.
Clause 17 provides for the power of the Commission to impose fines for thebreach of a provision of the Act or Code of Conduct of the House of Assembly.
Clause 18 provides for the issuance of directions to the Commission on
procedures of the House of Assembly by the Committee on Standards.
Part IV of the Bill contains clauses 19 to 33 as follows:
Clause 19 of the Bill provides for the general provisions relating to an
investigation into a complaint. Clause 20 provides for Stage 1 of theinvestigation process which focuses on admissibility of complaints.
Clause 21 provides for the procedures at Stage 1 of the investigations. Clause
22 provides for Stage 2 of the investigations and focuses on investigation of anadmissible complaint. Clause 23 makes provision for the report on the
conclusion of an investigation by the Commission. Clause 24 provides for
restriction on investigations by the Commission. For example, the Commission
is restricted from conducting an investigation of a member in the Chamber ofthe House of Assembly.
Clause 25 empowers the Commission to issue notices to persons to attend theCommission, provide information or evidence relating to an investigation.
Clause 26 provides for the specific requirements of notice to appear and to
supply documents to the Commission.
Clause 27 provides for administration of oaths and affirmations by theCommissioners prior to commencement of their duties under the Act.

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Clause 28 protects persons from providing documents that are privileged andprotects the public interest.
Clause 29 obliges the Commission to make a report on the outcome of aninvestigation for submission to the House of Assembly. Clause 30 provides forwhat action the House of Assembly may take on the report of the Commission.
Clause 31 provides for the right to appeal any decision of the Commission to a
court of competent jurisdiction.
Clause 32 makes provision for withdrawal of a complaint by a complainer fromthe Commission before the Commission makes a report on the investigations.
Clause 33 provides for referral of matters by the Commission to the Directorof Public Prosecutions and the Police and to also cease investigating a matterthat is under investigation by these entities.
Part V contains one provision, namely clause 34 which makes reference to theCode of Conduct of the House of Assembly.
Part VI contains clauses 35 to 39 as follows:
Clause 35 provides for the funds of the Commission. The funds as appropriatedby the House of Assembly will be used to facilitate the activities of theCommission.
Clause 36 provides for the estimates of the Commission that the Commission
must submit to the Minister of Finance within the specified period.
Clause 37 empowers the Commission to obtain goods and services for the
purposes of the Commission and the power to obtain the goods and services
must be approved by the Clerk who is the Accounting Officer of the House of
Assembly.
Clause 38 obliges the Commission to keep proper accounts of receipts,
payments, assets and liabilities and provides for the auditing of the accounts of
the Commission to ensure that funds appropriated to the Commission areproperly used by the Commission.
Clause 39 obliges the Commission to prepare an annual report on its activities
during the financial year.
Part VII contains clauses 40 to 47 as follows

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Clause 40 makes provision for obligations of members including informing theCommission of their interests in any Government contract.
Clause 41 provides for the seal of the Commission for the purposes of evidenceof authenticity of any matter handled by the Commission.
Clause 42 provides for restriction on disclosure of information by the Commission
and members of staff of the Commission to ensure confidentiality in the performanceof functions of the Commission.
Clause 43 makes provision for the taking of the Oath or affirmation of Commissioners
and staff before commencing their duties under the Act.
Clause 44 provides for the protection from defamation or other proceedings ofstatements made by persons during investigations by the Commission.
Clause 45 provides for the offence of noncompliance with a notice issued under theAct. A person who is noncompliant is liable to a fine or imprisonment or both.
Clause 46 empowers the Minister to amend the Schedules to the Act.
Clause 47 provides for the discretionary power of the Minister to make regulations
under the Act including regulations relating to Forms to be used under the Act, access,publication and destruction of information relating to deliberations of theCommission.

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