Attorney General should be removed from HOA
Attorney General should be removed from HOA
Fraser Veteran legislator Julian Fraser has renewed his call for the Attorney General to be removed as a member of the House of Assembly, arguing that the role should instead be replaced by a Minister of Justice. Speaking during the ongoing constitutional review debate, Fraser questioned the relevance of having the Attorney General sit in the territory’s lawmaking body. “Why is the Attorney General a member that sits in the House of Assembly?” Fraser asked, noting that his position on the matter had not changed since discussions ahead of the 2007 Constitution.
He said the Attorney General, who serves as the government’s chief legal adviser, could still provide counsel without being seated in the chamber. “My contention was, and still is, that if we need legal advice, which I don’t see why, the Attorney General is only a phone call away,” Fraser stated.
Fraser pressed further for reform, insisting that the territory needed a justice-focused ministerial post. “I have no problems with an Attorney General being in the House of Assembly or Cabinet, but it should come under the name of Minister of Justice, and that’s true advancement,” he explained.
The long-serving member added that such a change would strengthen the Virgin Islands’ progress towards greater self-determination. “It takes nothing away from the Attorney General’s position, her job, whatever she has to do, he or she has to do in the House of Assembly or in Cabinet,” Fraser argued.
The Attorney General currently serves as a non-voting ex officio member of the House of Assembly under Section 63 of the Virgin Islands Constitution Order 2007. This arrangement has faced criticism during constitutional reform discussions, with some arguing that it blurs the lines between executive, legislative, and legal advisory functions.
Fraser insisted that the system, as it stands, is outdated and hinders good governance. “Since 2007, when we negotiated that constitution, I contended that the Attorney General should not be in Cabinet and should not be in the House of Assembly. That was my contention then, it’s my contention now,” he said.
The constitutional review process is expected to continue into 2025, with negotiators aiming to finalise proposals with the United Kingdom ahead of the next general election in 2027.
Primary source: BVI News