No.

of 2024
VIRGIN ISLANDSINTEGRITY IN PUBLIC LIFE (AMENDMENT) BILL, 2024
ARRANGEMENT OF SECTIONSSECTION
1. Short title
2. Section 2 amended
3. Section 4 amended
4. Section 5 amended
5. Section 14A inserted
6. Section 15 amended
7. Section 22 amended
8. Section 26 amended
9. Section 38 repealed
10. Section 42 repealed
11. Schedule 1 amended
12. Schedule 3 amended1No. of 2024 Integrity in Public Life (Amendment) Bill, 2024

VirginIslands

I ASSENTGovernor.
, 2024

VIRGIN ISLANDSNo.

of 2024

A BILL FOR
AN ACT TO AMEND THE INTEGRITY IN PUBLIC LIFE ACT, NO. 43 OF 2021.

[Gazetted, 2024]

ENACTED by the Legislature of the Virgin Islands as follows:

Short title
1. This Act may be cited as the Integrity in Public Life (Amendment) Act,
2024.

Section 2 amended
2. The Integrity in Public Life Act, No. 43 of 2021 (hereafter referred to asthe “principal Act”) is amended in section 2(a) in the definition of “public body”(i) in paragraph (a) by deleting the words “House of Assemblyand”;(ii) in paragraph (a) by inserting immediately after the word
“Cabinet” the words “and Junior Ministers”;(iii) by deleting paragraph (b);(b) by deleting the definition of “public officer”;(c) in the definition of “public official” by deleting the words “or apublic officer”;(d) by inserting in the appropriate order, the following definitions:““child” means a son or daughter of any age and includes achild born out of wedlock, an adopted child, a stepchild or a child of the family;“spouse” in relation to a person means the husband or wife ofthat person or a person of the opposite sex who is living2

with that person in the circumstances of husband andwife at the time the act or commission constituting theoffence occurs.”;(e) in the definition of “family”(i)in paragraph (a) by deleting the word “and”;(ii) by inserting immediately after paragraph (b) the word“and”;(iii) by inserting immediately after paragraph (b) thefollowing new paragraph:“(c) parents and siblings;”.

Section 4 amended
3. The principal Act is amended in section 4 by inserting immediately aftersubsection (7) the following new subsection:“(8) The persons appointed under subsection (3) shall be paid
such remuneration as the Minister may with the approval of Cabinet
determine and the payment shall be made out of the funds of theCommission.”.

Section 5 amended
4. The principal Act is amended in section 5(1)(a) by inserting immediately after paragraph (d) the following:“(e) make inquiries and carry out investigations as is necessary inorder to verify and determine the accuracy of any declaration orstatement of registrable interest; and(f) examine the practices and procedures of public bodies in orderto facilitate the discovery of corrupt practices, except where
there is a statutory duty on any person to perform that function;”;(b) by renumbering paragraph “(e)” as “(g)”.

Section 14A inserted
5. The principal Act is amended by inserting immediately after section 14 thefollowing new section:“Power to impose fines for breach or non-compliance with Act
14A. (1) The Commission shall, in the performance of its functions
under this Act impose on any person in public life who breaches any
provision of this Act, for which no specific penalty is prescribed, a finenot exceeding $5,000.
(2) The fine referred to in subsection (1) shall be issued by theChairperson of the Commission.”

3Section 15 amended
6. The principal Act is amended in section 15(1) by deleting the words “orany other person exercising a public function”.

Section 22 amended
7. The principal Act is amended in section 22 by(a)deleting subsection (2); and(b)renumbering subsection “(3)” as “(2)”.

Section 26 amended
8. The principal Act is amended in section 26(3) by deleting the words “in thecase of a public officer to the Deputy Governor”.

Section 38 repealed
9. The principal Act is amended by deleting section 38.

Section 42 repealed
10. The principal Act is amended by deleting section 42.

Schedule 1 amended
11. The principal Act is amended in Schedule 1(a) by deleting paragraphs 1 and 3(b) by inserting a new paragraph 1 as follows:“1. Members of the Cabinet and Junior Ministers”.

Schedule 3 amended
12. The principal Act is amended in Schedule 3 in Part IV paragraph 18, bydeleting the words “This paragraph does not apply to a member of the House ofAssembly”.

Passed by the House of Assembly thisday of2024.

Speaker.

Clerk of the House of Assembly.

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OBJECTS AND REASONSThe Bill seeks to amend the Integrity in Public Life Act, No. 43 of 2021
(hereafter referred to as the “principal Act”).
Clause 1 would set out the short title.
Clause 2 would provide for amendment of section 2 of the principal Act bydeleting the reference to the House of Assembly in the definition of the word
“public body” and to include “Junior Ministers” in the definition of “publicbody” as well as to delete the reference to Ministries and Departments ofGovernment.
Clause 3 would provide for amendment of section 4 of the principal Act toprovide for payment of remuneration to the members of the Commission.
Clause 4 would provide for amendment of section 5 of the principal Act toexpand the powers of the Integrity Commission in accordance withrecommendations emanating from the Independent Review of Mr. Denniston
Fraser.
Clause 5 would provide for insertion of section 14A in the principal Act whichempowers the Commission to impose fines for the breach or non-compliancewith the Act.
Clause 6 would provide for amendment of section 15 of the principal Act tonarrow the scope of application to persons in public life under the Act
Clause 7 would provide for amendment of section 22 of the principal Act toremove references to public officers.
Clause 8 would provide for amendment of section 26 of the principal Act toremove references to public officers.
Clause 9 would provide for deletion of section 38 in the principal Act asmatters relating to integrity in public life relating to the House of Assembly areexpected to be addressed in a separate piece of legislation.
Clause 10 would provide for deletion of section 42 in the principal Act asmatters relating to integrity in public life relating to the House of Assembly areexpected to be addressed in a separate piece of legislation.
Clause 11 would provide for amendment of Schedule 1 in the principal Act bylisting the persons in public life who will be regulated under this Act.

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Clause 12 would provide for amendment of Schedule 3 in the principal Act byremoving references to the House of Assembly as matters relating to integrityin public life relating to the House of Assembly are expected to be addressedin a separate piece of legislation.

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