The House of Assembly of the British Virgin Islands, until 2007 known as the Legislative Council,The Virgin Islands (Constitution) Order 1976 (SI 1976/2145), as amended by 1979/1603, 1982/151, 1991/2871 and 1994/1638 has 15 members: 13 directly elected for four-year terms (nine in single-seat constituencies and four "at large"), and two ex officio members (the Attorney General and a Speaker chosen from outside the house).The Virgin Islands Constitution Order 2007 (SI 2007/1678)
Sittings of the House of Assembly are divided into "terms" with each term following from a general election. The House of Assembly is presently sitting its fourth term, but the first term of the House of Assembly followed the 15th term of the old Legislative Council. Accordingly, in aggregate the legislature is sitting its 19th term since the restoration of democracy in the Territory. Each term has a series of "sittings". At the end of each sitting the House is either prorogued until the next sitting, or dissolved for a general election.
The Corine George-Massicote was elected Speaker of the House on 26 May 2022. The official record is Hansard.
Latest elections
History The history of legislatures in the British Virgin Islands can be roughly divided into two: colonial legislatures in the 18th and 19th centuries, and then a hiatus, followed by the modern legislature after the re-introduction of democracy in 1950.
Colonial legislatures There was no attempt to impose any form of local legislature prior to the British taking control of the islands in 1672. But in 1735 the Governor of the Leeward Islands, William Matthew, sought to establish executive councils and legislative assemblies in Virgin Gorda and Tortola. The assemblies were to consist of nine members, elected by the free inhabitants of the islands. After the elections, it was determined that the governor had no such power and therefore the assemblies were ultra vires and were never called into session (although the councils did take up their duties).
During the 18th and 19th centuries the British Virgin Islands had a number of legislative councils, but these proved to be largely ineffective, and the last one was formally dissolved in 1901.
Between 1747 and 1754 Lieutenant Governor James Purcell pressed for some form of formal government in the British Virgin Islands, but in this he was rebuffed by Governor George Thomas. But by 1773 the new Leeward Islands Governor, Sir Ralph Payne, was instructed to introduce a system of representative government in the Virgin Islands, consisting of a governor, an appointed council, and an elected assembly. On 30 November 1773 legislation was introduced which provided for, amongst other things, an eleven-member assembly (eight for Tortola, two for Virgin Gorda and one for Jost Van Dyke), with various qualification to vote or to stand.To stand for election it was necessary to be a white man 21 years of age who possessed 40 acres of land or a house worth £40, or be the heir apparent of a man possession 80 acres or a house worth £80. To vote one needed to be a white man 18 years of age with at least 10 acres of land or a building worth £10. The assembly opened on 31 January 1774, but got off to an inauspicious start. After an impassioned speech from Governor Payne about the need for immediate action to pass laws for good government, the legislature (consisting of plantation owners) almost immediately fell into stalemate with the governor over a tax bill and confirmation of land titles. Accordingly, the legislature refused to pass legislation to establish a court system. Powers were eventually conferred on the governor to create a court system directly, which led to further mistrust and division between the plantation owners in the legislature on the one hand, and the governor and the newly appointed judge on the other.
In around 1783 the legislature was reconstituted with 15 members and districts were redrawn, and a certain amount of détente emerged. In 1815 (after the abolition of the trade in African slaves, but prior to the abolition of slavery itself) the territory was inhabited by an increasing number of free blacks who petitioned for civil rights, and in 1818 their request was granted and free black men were permitted to vote, although they could still only vote for white landowners. It appears that this may not have been so much of a great leap forward in civil rights so much as an attempt to shore up interest in the legislature, which was being increasingly abandoned and marginalised by the plantation owners at this time.
By 1867, when the Territory was struck by a fierce hurricane, "all pretence to the operation of a Legislative Council in which there were elected representatives came to an end". Legislation was passed reconstituting the assembly again so that it consisted of three official members and three appointed members, but with no elections. In 1871 a single federal colony consisting of all the Leeward Islands was created, and tellingly the Virgin Islands was not given a seat at this assembly. In 1902 the Federal Council formally abolished the local Virgin Islands legislature and council, neither of which had met for many years by that time. It was grimly noted that the legislature "had practically nothing of any real importance ... to legislate about and the functions of the executive was the maintenance of law and order and the collection of taxes from miserably poor people".
1950 onwards The first Legislative Council of modern times was formed in 1950 pursuant to the Constitution Act, 1950. It had eight members: two ex officio members, two nominated members and four elected members. Requirements for standing for election included income, property, and a deposit (forfeited with failure to garner a certain percentage of votes). The four members were elected in 1950 on a Territory-wide basis.
In 1954 the existing constitutional provisions were replaced by the Constitution and Elections Ordinance, 1954(No 7 of 1974) which expanded the elected membership to six, divided amongst five district seats (with Road Town having two representatives).
The 1967 Constitution expanded the elected membership to seven, with each district having a single representative. In 1977 the Elections Ordinance increased the number of district seats to nine.
Pursuant to the Elections Act, 1994 the British Virgin Islands introduced four territorial at-large seats in addition to the nine district seats, making a total of 13 elected members to sit alongside the two ex officio members (the Speaker and the Attorney General). The introduction of the territorial at-large seats was bitterly opposed by the Chief Minister of the day, Lavity Stoutt.
Modern legislatures
+ British Virgin Islands legislaturesElectionYearsTermElected seats Legislative Council 1950 1950–1954 First 4 – Four at-large 1954 1954–1957 Second 5 – Five territorial 1957 1957–1960 Third 5 – Five territorial 1960 1960–1963 Fourth 5 – Five territorial 1963 1963–1967 Fifth 5 – Five territorial 1967 1967–1971 Sixth 7 – Seven territorial 1971 1971–1975 Seventh 7 – Seven territorial 1975 1975–1979 Eighth 7 – Seven territorial 1979 1979–1983 Ninth 9 – Nine territorial 1983 1983–1986 Tenth 9 – Nine territorial 1986 1986–1990 Eleventh 9 – Nine territorial 1990 1990–1995 Twelfth 9 – Nine territorial 1995 1995–1999 Thirteenth 13 – Nine territorial plus four at-large 1999 1999–2003 Fourteenth 13 – Nine territorial plus four at-large 2003 2003–2007 Fifteenth 13 – Nine territorial plus four at-large House of Assembly 2007 2007–2011 First 13 – Nine territorial plus four at-large 2011 2011–2015 Second 13 – Nine territorial plus four at-large 2015 2015–2019 Third 13 – Nine territorial plus four at-large 2019 2019–2023 Fourth 13 – Nine territorial plus four at-large 2023 2023–Present Five 13 – Nine territorial plus four at-large
Qualifications
Qualifications for membership Qualifications to be elected as a member of the House of Assembly are now regulated by article 65 of the Constitution (there are no similar restrictions in relation to the two appointed members). Broadly speaking this requires that the candidate must be a second generation Belonger, and must either be domiciled in the British Virgin Islands or have completed a period of residence.
In order to be elected as a member of the House, a person must either be a Virgin Islander (as defined) over the age of 21, and otherwise qualified to vote in the Territory. For these purposes a "Virgin Islander" means a Belonger who is either:Virgin Islands Constitution Order 2007, article 65(2). a person who was born in the British Virgin Islands to a mother or father who was a British Overseas Territories Citizen (by birth or descent); a person who was born in the British Virgin Islands to a mother or father who was also a Belonger (by birth or descent); or a person who was born outside of the British Virgin Islands to a mother or father who was also a Belonger (by birth or descent) provided that one of his or grandparents also belonged to the British Virgin Islands by birth.
A person may also be qualified to stand for election if they were qualified to stand under the previous Constitution on the date of the last election before it was repealed.Virgin Islands Constitution Order 2007, article 65(1)(a). The restrictions under the earlier constitution were much more relaxed (a person only needed to be a Belonger, over the age of 21, and resident and domiciled in the British Virgin IslandsThe Virgin Islands (Constitution) Order 1976 (as amended) (SI No 2145 of 1976), article 28)), and preserving them was intended to preserve the right of any sitting members of the House from accidentally being disqualified. However, the wording used suggests that any person who was so qualified on the day the 2007 constitution came into effect remains so qualified (i.e. any Belonger who was born before 1986 and was resident and domiciled in the British Virgin Islands on the date the 2007 constitution came into effect).
However, a person shall be disqualified from being elected (regardless of where they are born) if they are not domiciled in the British Virgin Islands unless: in the case of a person who has never been domiciled in the British Virgin Islands, they have resided in the Territory for at least 5 years immediately before the date of their nomination for election; or in the case of a person who was formerly domiciled in the British Virgin Islands, but have lived outside of the Territory for at least 10 years, they have resided in the Territory for at least 3 years immediately before the date of their nomination for election.
The High Court has jurisdiction to hear and determine any questions relating to the eligibility of a person to stand for election as a member.Virgin Islands Constitution Order 2007, article 87. An application to the court may be made by any person who is (a) a registered voter in the relevant district, (b) a person who was a candidate in that district, or (c) the Attorney General.
There are no residency or similar restrictions as to who may stand for any particular district seat. Accordingly, a candidate could stand for election in a district where they did not live, and, theoretically, had never been to.
Disqualifications from membership A person is disqualified from being elected as a member of the House if:Virgin Islands Constitution Order 2007, article 66(1). they hold any public office; they are declared bankrupt in any country; they are adjudged to be of unsound mind in any country; a sentence of death has been imposed upon them, or if they have served a term of imprisonment of at least 12 months within the previous five years; they are disqualified or suspended under the laws of the British Virgin Islands relating to elections offences; or